Gladstone ‘Letter Before Claim’

claxtome

Is it worth just sending the response I previously sent, only without the new address section?

I would do that

noobie247

Hi,

Thanks for the previous replies. I never received any letter back from Gladstones and this morning logged into my Experian to find a CCJ has been raised against me. They have sent a letter (last week) to my previous address again, despite me sending 2no. letters to them giving my new address.

I have been in contact with the occupiers of my old address who will be sending me a copy of the letter over.

I have proof of postage for both letters that I sent back in January so they cannot argue that they never received them. I rang the issuing court this morning who have told me the details relating to the CCJ, and they said if I were to pay Gladstones (approx. £300) by 6th August then it will be removed.

Where do I stand with this? I've sent the 2 letters, have proof of postage, and requested all of the provisions above requesting the 9 pieces of information with which they haven't supplied (occupier of old property said it was just a 1 page letter).

Thank you

Le_Kirk

It might be better if you can retrieve the original rather than a copy PLUS the envelope so you can see date of postmark. Then go to NEWBIES post # 2 and search for CCJ. Start reading from this bit: -

HAVE YOU FOUND OUT ABOUT A CCJ (JUDGMENT FOR CLAIMANT) AND NEED IT SET ASIDE?

Here's how - DO NOT ring the parking firm up...and do not just pay them:

https://forums.moneysavingexpert.com/discussion/5581374

https://forums.moneysavingexpert.com/discussion/5585047

And read this thread ...............

System

In order for Gladstones to get a CCJ against you they would have sent this form to the court

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/688525/n215-eng.pdf

Note that it says "I believe that the facts stated in this certificate are true." So clearly they have misled the court and as such are in contempt.

Send another letter to Gladstones with your proof of posting outlining the issue which is they must get the CCJ cancelled or you will apply for a set aside plus costs on the basis of their falsely sending a Certificate of Service to the court - knowing that they had your new address.

If they want to go to court and deny it, it is of course up to them.

Castle

IamEmanresu wrote: »

If they want to go to court and deny it, it is of course up to them.

Which would be very difficult given that in post 11 Gladstones wrote to the OP's new address in early January.

The_Deep

logged into my Experian to find a CCJ has been raised against me. They have sent a letter (last week) to my previous address again, despite me sending 2no. letters to them giving my new address.

They could be in very deep deep doodoo here. Immediately complain tp the SRA

http://www.sra.org.uk/home/home.page

] would, if I was in your position, then hire the very best and expensive solicitor I could find, (think magic circle), and go for the jugular.

noobie247

Are they just trying to be sneaky in sending it to my old address and not the new one even though they have it?

If I were to attend court then I would have to have a day off work also, being self employed I would lose a days wages, is this something that could be claimed also?

Thanks

System

Write the letter first as it may be a moot point.

Point out their "error" and give them a chance to rectify it before the damage is done. Make sure you are able to convince the court you made the effort to give them a chance to sort if before 6th

The_Deep

If I were to attend court then I would have to have a day off work also, being self employed I would lose a days wages, is this something that could be claimed also?

Play your cards right and you could be looking at a week's wages, perhaps more.

noobie247

A rather unfortunate update this morning (which caused a bit of a domestic last night!).

The Mrs has "misplaced" a stack of letters which contains both receipts and also the letter received from Gladstone sent to my new address.

I assume this is a huge game changer?