So I'm going to court...

Umkomaas

^^ Quality ^^

Jhpt

Wow - just finished work and I'm thankful for all the replies and congratulations - this is another thank you to everybody who has helped!!

Redx wrote: »

they "should" send you that cheque mentioned above around or just after deadline day, so wait and see

if they fail, you can pay money to set the bailiffs on them I believe

all explained on the MCOL site

https://www.moneyclaimsuk.co.uk/warrant-of-control.aspx

a warrant of control (seeing as its under £600)

a good result for you nevertheless, nice to see the boot on the other foot and UK CPM will have lost a fair few hundred on thius matter alone

and keep up with the RA and the management association etc

Brilliant - thanks! Going to absolutely batter the !!!!!!! (verbally) next time I seem him swan bing around the complex and ask how we can be seen to be associated with a company keen to unlawfully impinge upon the tenants rights (although as I'm just a tenant not an owner....) haha

Fruitcake wrote: »

Well done! That's really good news.

As far as payment, I would be inclined to wait. Surely it's up to them to find out how to pay you. They have your name and address so can send a cheque if nothing else. If they want to pay another way, they must put in the effort. Of course, another method may not be convenient. You might not want to give scammers your bank details.

Perhaps you would like a Postal Order? That would cost them extra and they would have to go out to buy it ...

Now that you mention it, I was just thinking how useful a postal order would be. (what's a pistOl order)

Umkomaas wrote: »

Well done Jhpt. Now why not turn the heat up on the RA to get shut of the PPC on the back of your court win.

Tell them you’ve won costs against the PPC, and should they come after you with any further tickets, you will be joining the RA in a harassment case against them.

Can you put up some notices so other residents are aware that the PPC can be and has been beaten at court.

Time for some mischief, underpinned by your legal success.

Absolutely done! !!!!!!!s.

Jhpt

nosferatu1001 wrote: »

Nicely done - did you ask for £179? I wonder how that was calculated

For payment, they should have 14 days to pay, I belive - the order should give you some clue - after which you do not, if payment hasnt been receivd, need to start a small claim (come on pappa, you know better )

As there is a court order for payment, you can enforce this as any other order from a court, by giving the court some money> they can then potentially directly take money from the C, or failing that you let the costs add up until it hoits over £600, then a HCEO can be called in - they can lawfully break in and seize goods to be sold in order to pay you. That woul dbe hilarious

On a more realistic note, epxect a cheque to arrive about 2 days after the deadline...

I unfortunately have no idea HOW the figure was calculated! My costs were ~£240ish! Happy to have the court date vacated to, saves me a days worth of annual leave so it actually sounds OK.

They've got until the 30th Jan, so seeing as they couldn't send there evidence by the correct date twice, I don't have my fingers crossed they'll pay in time. How do I work out how costs have accumulated?? If I send them a letter saying my terms are +£25 for each days late payment do they have to abide by this??

The_Deep wrote: »

I am sorry, but I think that you have been short changed. £179 for the hassle you have been subjjected to is, imo, an insult.

How many hours did you spend on this? A lot more than nine I'll venture. Added to which your leasehold right to quiet enjoyment was compromised, you were lied to, the charge went up to £240 at one stage, (fraud?), the POC were inadequate, they failed CPRs,

If you spent 30 hours on this you received £6 an hour for your labour, not to mention the time others on here have spent helping you.

I would definitely not be pleased with the result.

Well, when you put it that way. To be clear this was never about the money, even if I got paid £500 it's not worth a year of stress. This has always been about (soapbox moment) not allowing some anonymous b+st+rds fradulently trying to take money off of me with no reason at all for doing so. Happy enough just to end this sorry saga, have some case law in hand.

I wonder - if I forget to put my permit in my car and receive another PCN... And then ignore any correspondence from the claimant until court (because as ill explain to the judge, I previously received nothing but pre formatted nonsense and didn't want to waste my time on this again) and then on the day produce the order from the judge striking this out, would I get another load of compensation?

Quentin

Courts don't like it if defendants ignore everything right up to Court.

Always better to engage with the claimant and keep the high ground.

Castle

Jhpt wrote: »

I unfortunately have no idea HOW the figure was calculated! My costs were ~£240ish! Happy to have the court date vacated to, saves me a days worth of annual leave so it actually sounds OK.

I'm guessing, but your costs schedule in post 143 came to £358.17 and 50% of that is approx. £179.

Lamilad

I must say the battle of the incompetents is really heating up.

Who will prevail - BW Legal or Gladstones?

It's a close one. I think GS have just edged in front with this spectacular c*ck up...

But not to be outdone, I'm certain bwl will respond very soon with monumental act of jaw - dropping ineptitude.

Well done jhpt. Your persistence and dogged determination paid off ☺

Coupon-mad

Jhpt wrote: »

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

Brilliant to read this result! Well done, spread the word to other victims!

:T:T

nosferatu1001

OP- NO, you cannot just add on payment terms. You do get to charge interest, and as already pointed out, if they are late (give them a couple days) you can get a warrant of control from the court. If they still dont pay and it escalates the charges high enough - all added to their bill - you can get it over the £600 mark and get a writ of control from the high court, at which point the bailiffs can just force entry if they want.

Jhpt

Lamilad wrote: »

I must say the battle of the incompetents is really heating up.

Who will prevail - BW Legal or Gladstones?

It's a close one. I think GS have just edged in front with this spectacular c*ck up...

But not to be outdone, I'm certain bwl will respond very soon with monumental act of jaw - dropping ineptitude.

Well done jhpt. Your persistence and dogged determination paid off ☺

In this case I'm clearly not complaining, but they are meant to be professional solicitors... They couldn't organize a !!!! up in a brewery! It's jaw droppingly stupid. Can I report them to the SRA for not engaging with lawyers and continuing to write directly to me?

nosferatu1001 wrote: »

OP- NO, you cannot just add on payment terms. You do get to charge interest, and as already pointed out, if they are late (give them a couple days) you can get a warrant of control from the court. If they still dont pay and it escalates the charges high enough - all added to their bill - you can get it over the £600 mark and get a writ of control from the high court, at which point the bailiffs can just force entry if they want.

Damn!! Haha worth a try. Perfecr, let's keep our fingers crossed. Bloody hope so!