So I'm going to court...

Jhpt

Hello all

Received a letter from Gladstones today - our client wants to press ahead etc with a copy of their DQ - am I awaiting the Courts to send me info re: DQ? Or do I print and fill this out independently?

They've asked for this to be heard on paper but I plan on requesting a face-face hearing. They've also asked for this to be in the Claimant's home court; again I plan on disputing this.

fisherjim

Jhpt wrote: »

Hello all

Received a letter from Gladstones today - our client wants to press ahead etc with a copy of their DQ - am I awaiting the Courts to send me info re: DQ? Or do I print and fill this out independently?

They've asked for this to be heard on paper but I plan on requesting a face-face hearing. They've also asked for this to be in the Claimant's home court; again I plan on disputing this.

Don't let the scamming muppets get there own way, the ball is in your court!

The_Deep

If you have time, consider a counter claim for interference with your right to quiet enjoyment, trespass, and/or wrongly using your data. The beauty of a counter claim is that they cannot disengage at the last minute, once you have done all the work, and it costs them money.

Coupon-mad

Jhpt wrote: »

Hello all

Received a letter from Gladstones today - our client wants to press ahead etc with a copy of their DQ - am I awaiting the Courts to send me info re: DQ? Or do I print and fill this out independently?

They've asked for this to be heard on paper but I plan on requesting a face-face hearing. They've also asked for this to be in the Claimant's home court; again I plan on disputing this.

This is covered in loads of other G's threads, including a covering letter to send you your N180 (not their N159, you submit a N180 either received from the court, or download one).

All over here and pepipoo forum - search 'Gladstones straightforward papers'.

nosferatu1001

The Deep - isn't it too late for a counter? That had to go in with the original defence.

Jhpt

Thanks for replies all.

I did consider submitting counter-claim but as I believe has been said I think I may be too late - I was hoping that as this claim is so ill thought out If I defend it clearly and concisely I may get costs awarded at court, which will do me OK.

Just to double check - am I required to independently print 180/DQ or is this sent to me directly from the court?

J

Loadsofchildren123

DQ will be sent to you independently by the court with an order telling you by when to complete and return it.


When you return it do a covering letter asking the court to strike out the claim, or to stay it and order the Claimant to properly particularise the claim pursuant to CPR 16.4 and to provide copies of core information and documentation pursuant to paras 6(a) and (c) of the Practice Direction - Pre-Action Conduct, failing which the claim should be struck out. Attach a copy of the LBC showing that they have not already provided such information, and any response you said complaining about this and asking for the information (and point these out in the letter, and the fact that no response has ever been received). Ask that, if the court is not minded to make either order, when Directions are given the court makes an order for Witness evidence and documents to be exchanged sequentially (as opposed to simultaneously) because as things stand you do not know on what the claim is based or how the Claimant intends to evidence it and you should not be expected to have to file your witness evidence without knowing that information.

Jhpt

Loadsofchildren123 - THANK YOU! I've been getting nervous that I've missed a deadline as I've heard nothing from the court, but have received Gladstones DQ - I guess I'll just wait to receive this from them.

Great suggestion re: cover letter explaining why. As you have suggested they have indeed been slacking in the PoC.

In terms of response - if I've sent them a letter since I received the Claim form from court requesting further information and complaining they've flouted PoC - how do I evidence this? I have the word document on my PC but stupidly did not sent registered delivery etc.

Thank you once again for the advice - much appreciated.

Coupon-mad

A letter sent by ordinary post and not returned by the PO is 'deemed delivered' within 2 working days so you don't have to evidence that it was sent. Just include a copy in your evidence file to go with your Witness Statement later on, to show their unreasonableness and their disregard for the overriding objective of (among other things) an exchange of clear information in any dispute.

When you write your covering letter just write that the claim is without merit and misconceived and the wording suggested by LOC123.

Loadsofchildren123

just print it off and say you posted it