Gladstone ‘Letter Before Claim’

noobie247

nosferatu1001 wrote: »

Thats entirely usual. They gain nothing from turning up
Why will you HAVE to pay it? Are you sure you dont have a suitable defence?
If you win then your set aside fee should be included as part of your costs.

I was under the impression they would have been awarded today. Judge said she couldn't comment as they didn't turn up, so that basically works in their favour.

I'll obviously go ahead and include all costs associated etc but it could be a while before they're returned, judge said upwards of 6 months.

noobie247

I have to serve a file a defence by 10th December, where I also will be claiming for all costs (I will use the guidelines written by Coupon-mad in the CEL/Chunkrock case on this forum, so thanks for pointing that thread out.

I do have one question. I understand that the PCN is still outstanding, are they to re-issue it? It wasn't actually mentioned in the hearing whether they would need to or not, and doesn't say anything in the letter I received from the court. I would assume they have to re-issue and I can then defend it? They can no longer say they don't have my new/current address and I am yet to receive anything from them and it's been 16 days now. If they are to re-issue, how long do they get?

I can also confirm the CCJ has been removed from my credit file which is good news!

nosferatu1001

Your defence isnt where you claim costs.
Its purely a statement of legal arguments
Dont just reusbmit the likely one page defence you already used - take the time to expand on this and make it polished.

Its up to the claimant. Once you submit your defence they can choose to continue to a hearing, or disctontinue. Its why we wanted your order to include a provision that, if they DID discontinue, they are liable for at least set aside costs automatically.

noobie247

nosferatu1001 wrote: »

Your defence isnt where you claim costs.
Its purely a statement of legal arguments
Dont just reusbmit the likely one page defence you already used - take the time to expand on this and make it polished.

Its up to the claimant. Once you submit your defence they can choose to continue to a hearing, or disctontinue. Its why we wanted your order to include a provision that, if they DID discontinue, they are liable for at least set aside costs automatically.

In my draft order I did submit a defence so I will expand on each point much more.

Do I send a copy of my defence to the court I had the hearing at and also to Gladstones?

DoaM

You send it to where the notification tells you to send it. See the NEWBIES thread ... you could email it to the CCBC address with the reference number from the notification?

noobie247

DoaM wrote: »

You send it to where the notification tells you to send it. See the NEWBIES thread ... you could email it to the CCBC address with the reference number from the notification?

The letter doesn't actually state where to send it to, simply states "file and serve a defence"

KeithP

"file and serve" means 'file' it with the court and 'serve' a copy on the other party.

The CCBC are not involved with this.

noobie247

KeithP wrote: »

"file and serve" means 'file' it with the court and 'serve' a copy on the other party.

The CCBC are not involved with this.

Perfect. Thank you

noobie247

Is there a specific form to use to file a defence or simply in letter format?

Coupon-mad

No form, just the usual letter format with headings and statement of truth, as shown in the NEWBIES thread.