IAS APPEAL....feedback appreciated

Southernsoftie_jo

Any advice if Gladrags get in touch at this stage? Have yet to receive their evidence, they have mine. Hearing date is booked.

Thanks

Umkomaas

Southernsoftie_jo wrote: »

Any advice if Gladrags get in touch at this stage? Have yet to receive their evidence, they have mine. Hearing date is booked.

Thanks

Depends on what they 'get in touch' about, surely?

Southernsoftie_jo

I guess I’m asking if it’s advised to communicate with them at this point or not.
I know you guys say don’t have a ‘little chat’ at the court prior to the hearing

Umkomaas

Southernsoftie_jo wrote: »

I guess I’m asking if it’s advised to communicate with them at this point or not.
I know you guys say don’t have a ‘little chat’ at the court prior to the hearing

But it still depends on what they wish to communicate about. Come back if they do and tell us what they are saying/asking, then we can give you contextual advice.

Southernsoftie_jo

Gladrags offered without prejudice full and final settlement £180 (prev £260), given 2 weeks to settle or....off to court!
Their court fee is due in one week.
Do I ignore or politely decline in response to their email?

Thanks.

Southernsoftie_jo

Update....I WON!

I submitted my evidence file to the court and Gradrags by the deadline, but received nothing from them. They failed to submit evidence to the court.

After failing to submit they offered a settlement figure of £180. ��

The deadline to pay for the hearing passed without them paying the fee and when I called the court they advised their claim would be struck out. I have yet to receive any written confirmation to this effect from the court.

Today I received the following from Gladrags.


Without Prejudice Save as to Costs
Our Client has instructed us to contact you in relation to the above matter.
Our Client has agreed to cease proceedings with both parties walking away from the Claim and bearing their own costs.
This decision has been made for purely commercial reasons, in an attempt to save time and costs for both parties.
Please confirm by no later the 12 Noon on Friday 20th September 2019 if you wish to agree to the above by contacting craig@gladstonessolicitors.co.uk and the relevant documentation will be served upon you and filed with the Court.

Bearing in mind the claim has been struck out, do I and should I respond to this?

It’s a bit of a joke they will ‘cease proceedings’ when the claim has been struck out as they failed to pay for the hearing.

Obviously in this case they had no intention to go the distance.

Coupon-mad

The deadline to pay for the hearing passed without them paying the fee and when I called the court they advised their claim would be struck out. I have yet to receive any written confirmation to this effect from the court.

Don't assume the case is struck out.

Phone & check with the court as to whether the C did pay that fee, and if a hearing is still listed. If so, then refuse the kind offer from Gladrags, file your own WS and costs schedule (if you have not already) and go along on the hearing date and ask the Judge to hear the case re your wasted costs.

Southernsoftie_jo

You were right Coupon Mad....

Phoned the court (again) who said yes they had paid the fee but it looks like it was paid late. Hearing was still listed.

Court advised I emailed asking them to strike out on grounds of late payment which I have done so, and I mentioned their failure to supply evidence to myself/the Court. Waiting to hear back. They weren’t 100% sure it was paid late so when I rang previously perhaps they gave me duff info!

So if I hear back from the court to the effect it’s stuck out that’s fine, but if not I may have to accept their offer.

If forced to I am v happy to go to court but ultimately am happy to avoid as I will lose a day if self employed work - which will be more than the court would award me costs, not to mention the disruption to my business.

If I accept their offer I plan to accept it on the understanding this is full and final settlement, and that they never attempt to pursue me on this matter otherwise I will bring a claim myself for costs

Any thoughts?

Thanks

[Deleted User]

Unlikely to be struck out if they paid prior to anyone taking objection.

Coupon-mad

Do not accept the offer - it is a likely precursor to them discontinuing.