So I'm going to court...

Lamilad

What did the court say when you rung them?

Jhpt

The guy was pretty helpful - just let me know the judge was going to review my WS and my request to consider this as a costs order/ strike the case out (I'd previously made this request as a cover letter included with WS due to awful PoCs)

No news yet!

Jhpt

UPDATE

Just received another letter from the court;

This is following on from emailing x1 and telephoning the court, asking if they'd received anything from the Claimant as I was yet to, and then sending a cover letter via email asking for the case to be dismissed due to the Claimant not abiding by the timeline set out by the court.

"IT IS ORDERED THAT

1. The Defendant shall serve copies of the Defendant's emails on the Claimant by 4pm on 8 December 2017

2. Unless the Claimant issues and a copy on the Defendant by 4pm on 15 December 2017, an application for an extension of time for its evidence including copies of the Claimant's evidence in accordance with Paragraph 2 of the order of 9 October 2017 (To include full responses to the Defendan'ts evidence), then the claim shall be dismissed and the Defendant shall have permission to apply (with a statement of reason and amount) for costs (attention being drawn to Civil Procedure Rule 27.14). If the Claimant does not comply then the Court will consider whether the application is heard before or at the Small Claims Hearing.

"

CAN I please ask...

1. As I understand this, I have to send copies of my communication with the Court to the Claimant by 8 December
2. The Claimant has to send me their evidence, ? WITH an application for extension of time ? by 15 December

I understand I've made an error here by not copying the Claimant into my previous emails to the court requesting this be dismissed - annoyingly (albiet correctly) this has been picked up on by the Judge, despite them not contacting me.

Thanks once more.

System

I understand I've made an error here by not copying the Claimant into my previous emails to the court requesting this be dismissed - annoyingly (albiet correctly) this has been picked up on by the Judge, despite them not contacting me.

Yup

The issue as Johnersh has mentioned a number of times is you have to give the other party notice of your complaint so they can rectify it. For example, and this is common with Gladstones, they claim an admin error and "if only" the defendant let them know ....

So follow the court's instructions and tell Gladstones what the complaint is. And then see if they respond.

IMHO it is better to let the "admin errors" lie and to pick up the lack if WS at the hearing as you usually get the case thrown out and costs.

Jhpt

Thanks - I've learnt my lesson here! Stupid oversight in hindsight.. complaining the Claimant isn't going by the book when I stupidly hadn't either in this instance. I've sent them BOTH!! a word document with the content of emails and the relevant attachments. Hopefully this is cleaned up by the 15 December!

Anybody like to hazard a guess as to whether I'll ever hear anything from the claimant?

System

Anybody like to hazard a guess as to whether I'll ever hear anything from the claimant?

The claimant is not running this, Gladstones are. You'll get one of their roboclaim Witness Statements and depending on whether they have a bunch of claims at your court, you'll get a rent-a-mouth paralegal whose Rights of Audience you can challenge.

If they don't have other claims at that court then a Notice of Discontinuance**.

These cases are no longer about the legalities but as simply number driven abuses of the system.

** Send your costs schedule in as if there is no NoD, you can cover yourself by having a large and extensive costs sheet. You may be lucky and get a judge who is thoroughly jaundiced by the antics used and is happy to use his powers with regards to costs.

nosferatu1001

to be fair, given the judge has already led the way with this order specifically pointing out costs, it suggests theyre not too happy about it....

Jhpt

IamEmanresu wrote: »

The claimant is not running this, Gladstones are. You'll get one of their roboclaim Witness Statements and depending on whether they have a bunch of claims at your court, you'll get a rent-a-mouth paralegal whose Rights of Audience you can challenge.

If they don't have other claims at that court then a Notice of Discontinuance**.

These cases are no longer about the legalities but as simply number driven abuses of the system.

** Send your costs schedule in as if there is no NoD, you can cover yourself by having a large and extensive costs sheet. You may be lucky and get a judge who is thoroughly jaundiced by the antics used and is happy to use his powers with regards to costs.

Thanks - have started on costs already, as I have spent a fair amount on postage, printing etc. not to mention loss of earnings from time spent on this I should have been working on.

Fingers crossed on the Judge! As nosferatu says as they've already led the way mentioning costs/ CPR etc I hope they're slightly sympathetic here...

Loadsofchildren123

I agree with nosferato. The strong indication is that the court (well that judge anyway, and you of course may get a different one) is already sympathetic to a 27.14(2)(g) costs order.

The PPC now has to apply for leave to adduce late evidence, or is barred from doing so. That is effectively the meaning of this order.

Jhpt

Loadsofchildren123 wrote: »

The PPC now has to apply for leave to adduce late evidence, or is barred from doing so. That is effectively the meaning of this order.

The wording of the court letter has slightly confused me - so the PPC need to ask for permission to produce a WS/Evidence as it's late? Is this definitely granted?

Thanks LOC!