Gladstones / Euro Car Parks / CCJ / Wrong Address

theblackfox

Just received an email from Gladstones asking to settle the claim before my hearing in September, I believe this is good news

I've read the bit in the newbie forum about this and it advises to not pay etc, but do I need to reply to them at all?

Also, it is possible to actually negotiate with them to drop the claim completely?

Email below for your reference:

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The email reads:

We have received instructions from our Client to attempt a settlement negotiation prior to the hearing on the XX September 2018.

If you are willing to conclude this matter prior to Court, then we kindly ask for you to contact XXXX@gladstonessolicitors.co.uk for further discussion as soon as possible.

If a settlement has been agreed by both parties prior to the hearing, and payment of that settlement made in full, the Court would be notified to conclude the matter and no further action would be required.

We look forward to your response.

theblackfox

Had another email and now a missed called from Gladstones chasing me for a response.

Any advice?

KeithP

Continue to ignore.

Do not answer any calls.

theblackfox

Thanks Keith,

I noticed in the Newbie forum it says the following:

If Gladstones write before the hearing, offering you a chance to 'settle' it usually means they know they will lose and are about to discontinue the case (in which case you are entitled to seek YOUR costs!). Here's a reply to Gladstones, 10 days before a hearing, by LOC123:

https://forums.moneysavingexpert.com/discussion/comment/73000370#Comment_73000370

Should I copy the example in that link, edit it to my circumstances and email them back? or just completely ignore them via email.

nosferatu1001

YOu could email them back giving your costs to date, and offering to settle for a reduced amount
Say you expect payment in full within X days.

theblackfox

Ah right! I thought what they meant by settle is for me to pay them! I'd much rather get something settled with them than go to court again. I'll write something up.

nosferatu1001

Who cares what they meant or want? We dont give two hoots for them

Remmeber youre giving costs for unreasonable behaviour so #19 per hour.

Title it "without predjudice save as to costs"

theblackfox

Thank you nosferatu1001.

I'm getting married Saturday so my head is all a flutter, i'll get them a reply tomorrow so I can get it out my head and enjoy my day haha!

nosferatu1001

Oh best of luck!

Show us your intended response.

theblackfox

Is this ok?


Without Prejudice Save As To Costs

Dear Sirs,

I refer to your email of XX/XX/XXXX date.

For the avoidance of doubt, I will not be telephoning you to discuss settlement. If your client has a proposal to make, then please make it in writing and I will consider it and respond.!

I invite you to discontinue on the basis that the claim has no merits and I will seek costs (increased to include hearing costs, hourly rates and unreasonable costs plus interest on the total costs) if the claim is pursued further.

This is a genuine attempt to settle the matter, not merely a bargaining position. It has value to the Defendant insofar as it presents an opportunity to avoid additional court costs and expenses.

Before you do write to me, I must make clear my position, as follows:


1. As this is a baseless claim, and you have known that for some months, I will not accept anything other than a complete, unconditional withdrawal by your client;



2. I have been forced to spend a considerable amount of time and effort defending this baseless claim, including incurring direct expenses on-site visits, postage, stationery and so on. I have had to spend hours researching the law and drafting a full defence and witness statement and gathering documentary evidence. As a litigant in person, this has caused me significant distress and inconvenience. In contrast, all your client has done is to draft and serve a robo-type claim so brief as to be almost incoherent. Any proposals must include a sum of money to reflect your client's conduct and the distress and trouble caused to me.


As a goodwill gesture, and on an entirely without prejudice basis, in order to achieve a settlement, I suggest that your client makes an offer of no less than £160.73 in respect of point 2 above.!


In the meantime, my rights under the Data Protection Act are expressly reserved.


Should a settlement not be reached, I am entirely confident that my defence of the claim will succeed and I make it clear that, since the claim is clearly baseless and this has been clear to you all along, I will be seeking a punitive costs order pursuant to Rule 27.14(2)(g).


Yours faithfully