So I'm going to court...

Jhpt

Coupon-mad wrote: »

Yes, when you list it like that - exactly what you need to set out for the Court. Give it a go!

https://www.dropbox.com/s/bqofwvs47h4v6kh/GLADSTONES%20AGAIN%20FAIL%20TO%20PROVIDE%20WSSS.docx?dl=0

That's not TOO much detail is it?!

Jhpt

Please find my updated costs schedule attached below;

https://www.dropbox.com/s/0cxchkfceh98qbb/COSTS%20SCHEDULE.docx?dl=0

(Please ignore total as so far I have not counted the £120 lost from not being able to service 2 appointments)

Jhpt

Hello all

On a slightly different note, and more out of interest, just reading the Claimants (late) witness statement here... Signed by someone we shall call Miss X.

Checking Gladstones out on the SRA website, they have 6 solicitors listed, if which Miss X is not one of them.

Can I also write to the court again complaining about this? How am I meant to place any trust in this WS if I'm not sure it was completed by a) member of the company or b) a solicitor..

They've also signed the Directions Questionnaire as GS...

Jhpt

Dammit I'm on my phone so can't edit it - just realized the WS is signed by a Miss X from the PPC, not Gladstones... Please disregard my last post.

But in that note, if Miss X is not present in court and doesn't give 7 days notice that's also in my favour?

Coupon-mad

Yes it is, plus whoever does rock up might just be a hired gun from a law firm (non-solicitors) like Elms Legal, and so you need to be ready with the case law & Law Gazette article as a preliminary matter to challenge their Right of Audience at the outset.

Loadsofchildren123

to answer your original point in #144, I don't think it had any teeth - in a law firm you might have a legal executive, or a paralegal, or a trainee, who won't be listed as a solicitor but who will do things like WSs and there'd be nothing wrong in that.

nosferatu1001

But if they’re from the ppc, they really should be present. You make a stink that a ws was written by someone not even present at the site, and they’re also not their. How much faith can be placed I. It? Obv you have also picked out assumptions that aren’t proven (id of driver, for example) to show its unreliable to begin with.

System

How did it go?

Jhpt

UPDATE

Hello all - apologies for the delay in posting an update, but nothing had happened until this week! I've been manic at work as well, so apologies for not even posting that.

So after the Claimant had missed deadline two, I'd written to court requesting the original order of a strike out was carried out, and applied for costs for unreasonable behaviour. Chased up the court twice as still hadn't heard anything by the 17th Jan! (month post second date)

thankfully, I've just got a letter stating;

1. Claim to be struck out
2. Court hearing to be vacated
3. Claimant to pay Defendant £179


Woo! Which I take as an absolutely fantastic (and just!) outcome.

I'd like to sincerely say thank you to everybody who has contributed, advised and helped me with this here - genuinely (and obviously for anybody who has read the whole saga) I couldn't have done this without you - THANK YOU!!

On a final note, the Claimant have been ordered to pay me £179, but I can't imagine they're a) going to get in touch and ask how I'd like to be paid b) be particuarly easy to get the money from.

What do I do now? Contact them directly with bank details and copy of judges order? The order stated payment must be by 30th Jan, So I wonder if I inform them now I will be passing this onwards if not paid by then?

THANK YOU ONCE MORE

pappa_golf

excellent , no dout you have there address tom write to , dont forget to start a small claims if they forget to pay

more and more "residential" cases are going like this , now people are fighting back , tell all your friends and neighbours !