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Gladstone ‘Letter Before Claim’

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Comments

  • noobie247
    noobie247 Posts: 120 Forumite
    Ninth Anniversary Combo Breaker
    Coupon-mad wrote: »
    No form, just the usual letter format with headings and statement of truth, as shown in the NEWBIES thread.

    Thanks. I have a 4 page defence, 8 seperate annexes showing the previous letters sent (all with proof of postage) and also a 3 page costs application listing some previous cases and then finally my costs schedule.

    Last question, when sending to the court, do I send first class with proof of postage or recorded signed for?

    Thanks again
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    1st class with CoP is fine. I believe you can also scan and email? (Check the NEWBIES thread). Copies to the claimant must be posted.
  • Good morning.

    Received an email from Gladstones this morning, as follows:

    We act for the Claimant and have notified the Court of our Client’s intention to proceed with the claim.

    "Please find enclosed a copy of our Client’s completed Directions Questionnaire, which will be filed with the court upon their request. You will note we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing  

    This request is sought simply because the matter is in our Client’s opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate. We trust you agree.  

    You will note our Client has elected not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of cases. Notwithstanding this, our Client would be happy to listen to any genuine payment proposals that you wish to put forward."

    Shall I just ignore and wait for a response from the court? I filed and served by the dates given, so I assume the court will make a decision as to whether a hearing needs to take place or not?
  • They seem to think they are in a strong position!

    Seeing as the judgement has been removed and they falsely served, surely the minimum costs i'll be getting is the set aside fee back?
  • Umkomaas
    Umkomaas Posts: 43,433 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    All you need to know about the issue of that Gladstones letter is contained in the NEWBIES FAQ sticky, post #2. Please go there first for any question you have about any stage of your court process. Legal experts have put in so much work there to avoid the necessity for the same answers to be written any number of times a day on a thread by thread basis.

    The forum is so busy, it's in danger of implosion.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Umkomaas wrote: »
    All you need to know about the issue of that Gladstones letter is contained in the NEWBIES FAQ sticky, post #2. Please go there first for any question you have about any stage of your court process. Legal experts have put in so much work there to avoid the necessity for the same answers to be written any number of times a day on a thread by thread basis.

    The forum is so busy, it's in danger of implosion.

    Thanks. I did search "N180" on the newbies thread this morning but got no hits. Delved a little deeper and found the thread from IamEmanresu. I'll wait until I receive the DQ from the court (will contact them if I don't receive it before this time next week) and then fill it out as explained.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You will note we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing  

    This request is sought simply because the matter is in our Client’s opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate. We trust you agree.  


    Gladstones will say that because they want to give you the impression they would win with the hope you will pay up

    Think deeper, if they thought they could win, they would go to court in front of a judge.

    The incompetent Gladstones already know that they are on slim ground, they know the courts know all about their fake claims and above all their timewasting. They also know that when they lose, they will face your costs.

    See them in front of a judge and win
  • beamerguy wrote: »
    You will note we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing  

    This request is sought simply because the matter is in our Client’s opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate. We trust you agree.  


    Gladstones will say that because they want to give you the impression they would win with the hope you will pay up

    Think deeper, if they thought they could win, they would go to court in front of a judge.

    The incompetent Gladstones already know that they are on slim ground, they know the courts know all about their fake claims and above all their timewasting. They also know that when they lose, they will face your costs.

    See them in front of a judge and win

    That's a good way to look at it.

    If they have asked for no hearing, what are the chances the judge/court will agree? If my DQ says I want a hearing, as we haven't agreed does it then automatically get selected for a hearing or will a judgement be made based on the defence I have submitted?
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 12 December 2018 at 11:25AM
    noobie247 wrote: »
    That's a good way to look at it.

    If they have asked for no hearing, what are the chances the judge/court will agree? If my DQ says I want a hearing, as we haven't agreed does it then automatically get selected for a hearing or will a judgement be made based on the defence I have submitted?

    As the defendant, it is your choice. Go to court, it's no big deal, the courts are already sick to death with these fake claims and the sheer timewasting going on ..... Gladstones being one of the mega timewasters

    Gladstones have a choice, attend court and the wrath of the judge or discontinue
  • Umkomaas
    Umkomaas Posts: 43,433 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Where did that sticky go?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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