Part 18 Gladstones/Millennium Swansea

Loadsofchildren123

Your remaining parts: BPA CoP breaches and CPR breaches:
you can say simply that compliance with the CoP is mandatory and a condition of membership and compliance was also found to be paramount in the Beavis case in disengaging the penalty rule, and that there are multiple breaches of the CoP by the Claimant and/or MPS. Then for the hearing produce a schedule like mine, which I cribbed from Lamilad.


Again, in respect of CPR breaches just put in a sentence to say that the Claimant has largely ignored its obligation to comply with the CPR, an obligation which applies to all litigants who come before the court, and that the Defendant asks the court to consider the claim in light of such conduct.

LucyBea

Wow LoadsofChildren I cannot believe how much work you put into that.
Thank you so very much! :A:beer:
Millennium made a huge mistake when they crossed you!

I filed a short while ago, so after all that work (from LOC too) I guess I AM fighting back.

However.... I emailed after 4pm. Little did I know, the CC treats any correspondence sent after 4pm as being sent the day after. Tomorrow will be 34 days after the date on the papers :eek:

Am I scr*wed? (I notice the response pack says if you do not file a defence within 28 days of the date of service of the claim form, judgment "may" be entered against you...)

I know how many times on here regulars say not to leave everything until the last minute

System

Am I scr*wed?

Call them tomorrow FIRST THING to make sure it has been added to the case and the case is marked as defended.

People have been caught by leaving it till later in the day and the other side applied for judgement. The other side has to ask as it is not granted automatically - so get that call in.

LucyBea

Thank you IamEmanresu I will do that ... and I would not have even thought of that if you had not said. Super rookie :-(

Redx

LucyBea wrote: »

Wow LoadsofChildren I cannot believe how much work you put into that.
Thank you so very much! :A:beer:
Millennium made a huge mistake when they crossed you!

I agree , lol

in fact I think we ALL agree !!!

3 cheers for the help LOC has put in here already, especially in your case alone

it reminds me of LAMILAD taking VCS/EXCEL and JAKE to the cleaners , people fighting back against these chancers and bullies is why all regulars here are here , day in , day out

good luck

LucyBea

3 cheers for the help LOC has put in here already, especially in your case alone

Hip hip hooray!

And I really am in awe of you regulars
Thank you so much for the help so far...

LucyBea

Just in case anyone was on tenterhooks, my case is marked as defended, phew

Coupon-mad

A great example of forum aided defence; well worth newbies following this thread.

LucyBea

I received Gladstones directions questionnaire copy just over a week ago but I still haven't received my own - is this delay normal?

Thank you :-)

System

but I still haven't received my own - is this delay normal?

Call the court on Monday to ask if they have sent you a blank DQ. You can if you wish download one from the internet and fill it out as follows:

A1 = Say NO to mediation. Mediation is run by a commercial company on behalf of the courts and their success is measured by how many cases are kept out of court. They are not interested in the merits of the case, only whether you will pay or not. So say No.

B = fill in all the details, your name, your address, etc. This is the address that all the paperwork will be sent to. If you are moving home within 6 months make sure you have mail redirection in place. You will get a default CCJ if the paperwork doesn't get to you as the Courts see it as your responsibility to give a correct address.

C1 = YES to small claims track

D1 = name of your local County Court – unless you are a Limited company, the case files will be transferred there. They will ask for theirs but protocol dictates it is your court.

D2 = NO to expert evidence

D3 = 1 witness (or more if you are going to get another person to provide a statement)

D4 = Put down the dates of any pre-booked holidays, NO to interpreter (unless you need one)

You send a copy to the courts and another copy to the Claimant company. Keep a copy for yourself. There is a long delay (20+ weeks) between this form and an actual day in court.