Judgement for Claim (in defalult) - PCM & Gladstones

nosferatu1001

A letter before claim is used where you will institute a claim against them
Yet you say you want them to discontinue. If its a LBA then make it one - part of your requirements could be for them to discontinue, but I would not lead with that.

A lBA is also not a costs schedule. Theyre two different things.

MORB

I'm sorry you'll have to bare with me I'm getting a bit confused and I'm trying to dedicate enough time and resource to get this part exactly right.

Ok - so as per C-M's post #66 I thought I was following instructions, ie to request the letter G's filed, with the court but not to me, send an LBC and cost schedule and include her wording re sending relevant paperwork should they proceed/discontinue.

I admit to being unsure now how to word the LBC to follow both your, and C-m's, no doubt, very sensible advice.

Could someone venture a clarification?

Coupon-mad

I am confused now, hasn't the previous advice been superseded by the Judge confirming that your CCJ has been set aside and ordering that you must now file a defence by xx date?

As such, you need to show us your draft defence, written in the style you see in the hundreds of other Gladstones defences on here already this year.

MORB

Morning C-M - I was wanting to set in motion the wheels to see what it was they filed with the courts.
I will call to find out for certain on Monday, but are the courts generally amenable to providing documents (ie Gallstones defence) if requested?

With regards my defence. I have put something together but have not had the time this week to compare and contrast it with other successful defences submitted on the forum.

Can you suggest a particular thread/case that can be held up as a ideal example?

In the interim this is my first attempt: http://!!!!!!/2vgBjYT. I have to go out now but will look at any suggestions posts this evening in improve where it is required.

Thanks.

nosferatu1001

Your3 still confuseD

Gladstones are not a defendant, so of course they do not have a defence. They will have filed particulars of CLAIM to the court.

If you have been ordered to file a defence then do so. Newbies thread post 2, you have to have this bookmarked.

KeithP

...this is my first attempt: http://!!!!!!/2vgBjYT.

Seventeen pages... with pictures... wow!!

That is not a Defence.

I have put something together but have not had the time this week to compare and contrast it with other successful defences submitted on the forum.

Respectfully suggest that you need to find the time to make that comparison.

nosferatu1001

A defence is a set of arguments about why you don't owe the money

It isn't a story, it contains no photos letters etc. It's just words

If it's more than a page you're probably on the wrong track.

You must look elsewhere. People won't do your work for you.

Coupon-mad

No photos, no evidence needed at defence stage, so reduce it down!

MORB

C-M - Thanks, understood.

I've taken a template from something you previously helped draft. It's still a couple of pages but believe it includes ALL I wish to rely on. Found here: http://!!!!!!/2H3fMsg

With regards the email to Gladstones requesting the documents they filed, do you still advise that I send and include an LBC and cost schedule?

If so, and, as there is an unusual chronology to this claim (& as Johnersh mentioned it's not exactly a straight forward case), any specific guidance on how to word the LBC would be gratefully received.

I am not going to get to see the docs they filed before the deadline to file my particularised defence, so I will send it once/if you wonderful people confirm it is adequate.

Need to post today to comply with timeframe set down by the DJ.

MORB

@coupon-mad - Would you have any objections to sending the above defence to the court and Gladstones today?