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Is this a letter before court?

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Comments

  • Hi All,
    After many calls to sort the above mistake out I have finally received confirmation of my originally requested court!

    The case will now be heard first week of January! So no time to waste for me in getting my defence bundle together:

    Whilst the above court confusion was going on I was served the Particulars of Claim from Gladstones, they also filed with the court.

    I am not too sure how much detail of theirs or my arguments to disclose on here but they seem to be totally reliant on photos of the signage for their evidence.

    As ever any advice would be gratefully accepted .
  • Castle
    Castle Posts: 4,947 Forumite
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    Dudleydave wrote: »
    Whilst the above court confusion was going on I was served the Particulars of Claim from Gladstones, they also filed with the court.

    I am not too sure how much detail of theirs or my arguments to disclose on here but they seem to be totally reliant on photos of the signage for their evidence.

    As ever any advice would be gratefully accepted .
    Are you sure it's not a Witness statement?
  • Just checked again and it is definitely the particulars of claim signed by their solicitor.
    Also a paragraph on there claiming interest for the duration.
  • Coupon-mad
    Coupon-mad Posts: 154,576 Forumite
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    Really, Particulars of Claim dated how long after the claim form?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • If I get what you mean, Gladstones Claim was early Aug, with the particulars end of October.

    What I think may have happened here is Gladstones have proceeded as normal following the first Notice of Allocation I received ( with the incorrect court ) oblivious to the fact I was contacting the courts telling them of their mistake, now rectified.

    I hope this makes things clearer?
  • Coupon-mad
    Coupon-mad Posts: 154,576 Forumite
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    But they can't serve PoC that late. Did the claim form say 'PoC to follow'?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • I have trawled through all the relevant paperwork now, several times and from what I read, this seems how I read this.

    In the first Notice of Allocation I received (remember, with the incorrect court) one of the points in the Judges directions was basically instructing The claimant (Gladstones) to send to the other party (me) evidence of the contractual T&Cs on the PoC.

    Gladstones then served upon me what they say is their clients FURTHER PoC, with basically just pics of the signage.

    Now I have looked through my paperwork several times and I cannot find an earlier PoC from Gladstones! I hope I am not mistaken, but I have been very careful with the paperwork.

    I need to get this clarified as I have just a couple of weeks to get my documents for the hearing prepared and sent.
  • Coupon-mad
    Coupon-mad Posts: 154,576 Forumite
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    Ah OK. The first PoC were the words on the left of the actual Claim Form N1.
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  • Thank you CM, just read Claiim form and you are correct, that clears that up for me.

    The pics of the signage in their further PoC are of signs that were erected post alleged incident but very hard for me to prove that.

    Given the little time that I am alleged to have overstayed I will also argue the monies claimed are out of all proportion.
  • Coupon-mad
    Coupon-mad Posts: 154,576 Forumite
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    Have you looked at all the cached pages & dates on GoogleStreetView?
    Given the little time that I am alleged to have overstayed I will also argue the monies claimed are out of all proportion.
    No, you really won't go there. Step away from the losing Beavis case arguments.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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