Court papers SIP/ Gladstone “failure to display”

Bucko78

Lamilad wrote: »

What does this mean? have you already issued a counter-claim? If so, on what basis?

Yes please see in the defence sent back from the solicitors it’s contained within.

Are you joking? Of course you won't get a refund. This is not a game it is Her Majesty's Court Service - you do not just issue a claim then say 'sorry, mate, only joking, can I have my money back'!

No, if I have made a genuine mistake I terms of making a counterclaim vs costs breakdown then I don’t see that as being unreasonable.
If I’m not able to counterclaim then the money I’ve paid should be returned..

I’ve not made an attempt to claim and lost, I’ve made a error in terminology... remember I’m not claiming to be a legal specialist..I’m merely trying to follow what you guys are telling me to do.

And for the record early on when I was asking for guidance, not even half of you chipped in.. now I’m in a position of being incorrect I seem to have a surplus of circling hyenas wanting to tear a strip of the bone..give me a break will you..

Umkomaas

not even half of you chipped in.. now I’m in a position of being incorrect I seem to have a surplus of circling hyenas wanting to tear a strip of the bone..give me a break will you..

With the exception of Lamilad (who’s been away from the forum for a while) who has commented in the past couple of days have made inputs to this thread from the outset - so your comment is inaccurate.

give me a break will you..

I’d be careful what you ask for.

People are really trying to help you. It’s difficult at times to get the wording right for the way people are reading it. Remember we are rattling through dozens of threads every day, not just dealing with yours. Yesterday, as an example, I made 44 separate inputs, some lengthy, to many cases, some complex. It’s not easy getting sensitivities right for everyone, who each have different sensitivity thresholds. One person yesterday, when giving some advice, told me to ‘mind my own business’. Thick skin can help! :rotfl:

nosferatu1001

You have a claim and you have costs (expenses) associated with a claim

For your purposes, the time off work and travel to your LOCAL court for the *defendant* are normal costs. If the D wins, then they get their costs paid anyway by the Claimant the "C") up to £95 for a half day off work- either unpaid or loss of holiday. You also get parking. These are normal costs

NONE of these go into a counter claim. A counter claim is where you aver that they have done wrong against you OUTSIDE OF the court claim in question. So as you have been told harassment, breach of the DPA once they knew they had no claim, etc. This is NOT where costs (expenses) of the CLAIM are considered, and in fact a counterclaim have its own costs consideration, as again there is a winner and a loser, and loser pays the winner their costs.

No, you do not get your counterclaim fee back. You paid in order to lodge a counterclaim, the fact it was a crap one is your doing, not the courts. You can try, but expect the judge to either laugh at the idea, or decide youre being unreasonable and award the other side their costs. Likely around £300.

Youre still being given guidance, you chose not to take it (by ignoring the link to the bargepole posts where every single element of the claim process is explained to you in great detail) and are now complaining. Be careful what you wish for - noone has any obligation to assist you.

Bucko78

I’m not entering into a conflict with you guys, gals.. this is hard enough to deal with without creating more enemies.

If you wish to advise I will be grateful to hear and receive your comments, but please don’t try to make a mockery of me. I’m not on here to hear how I’m not that good at reading and understanding all the information that has been presented to me, whether historically on the forum or in my post.

You live and breath this stuff.. I engineer and construct buildings..I don’t claim to be a genius where the letter of the law is concerned.

Please keep things factual and move forward from where I’ve c0cked up..that’s if you feel your still willing and able to help.

I’ll join the back of the queue now until you feel I’ve paid enough silent treatment..

Bucko78

Just wondering if someone could tell me what this letter from the courts means?

Summary..The counterclaim was raised by us by mistake, I thought it was to claim all or losses of time and resources like fuel etc..

As mentioned further up the thread there is now an understanding that I didn!!!8217;t need to do this..even though we paid the money..we don!!!8217;t need to proceed with it now..

A call was taken by us, off the solicitors a few week ago asking us if we would settle out of court at a asking us to pay a reduced payment of 100 pounds..
We declined and said let the court decide. I am assuming by the letter that they have give up and withdrawn the proceedings..

I!!!8217;d be grateful if you could tell me what we have to do now..

Here!!!8217;s what the letter says..:-

General form of judgement or order.

Upon expiry of time for payment of the hearing fee and the Claim being struck out, and proceedings on the Counterclam only.

It is ordered that

Unless the defendant do pay the hearing fee of £25 by no later than ....as dated...then the counterclaim do stand struck out and the small claim hearing listed on DATE........ will be vacated.

Umkomaas

It means (as I read it) that unless you, the counterclaimant, pay the £25 filing fee, your counterclaim case is thrown out.

Castle

Umkomaas wrote: »

It means (as I read it) that unless you, the counterclaimant, pay the £25 filing fee, your counterclaim case is thrown out.

Actually it's the Hearing fee, since the counterclaim filing fee would have been paid when the defence/counterclaim was submitted.

Bucko78

The £25 pounds was paid ages ago, to money claim.gov.. they didn!!!8217;t say anything about a hearing fee.

I thought that it was saying in the letter that the claim had been struck out; (what does this actually mean).
In order to conclude the case it was my counterclaim (that was still open to be heard should I pay the 25 court hearing fee.

If sip are the ones taking this to court why would the court be asking me to pay a hearing fee?
I thought that if I am liable for costs then they are recoverable should I lose not at the beginning.

KeithP

It appears to me that the claim has been struck out but as you have paid the counterclaim filing fee, you are invited to pay the counterclaim hearing fee or your counterclaim will also be struck out. Someone has to pay the hearing fee, and as the Claimant is not continuing with the claim it falls upon you to pay the hearing fee if you want your counterclaim to be heard.

If the Claim has been struck out, that means the Claimant has to pay a fee to get the claim re-instated - if that's even possible.

If you do not want to continue with the counterclaim, then it looks to me that your best course of action is to do nothing.

Umkomaas

Castle wrote: »

Actually it's the Hearing fee, since the counterclaim filing fee would have been paid when the defence/counterclaim was submitted.

Yep, I agreee, hearing fee!