Gladstone ‘Letter Before Claim’

System

I assume this is a huge game changer?

That depends on whether the CCJ was raised against the new address or the old address. MCOL will be able to advise the address used. Come back when you know this.

noobie247

Hi,

I have just called them and it has been raised against my old address. Experian also has it listed as being raised at my old address (moved out in July 2016)

Quentin

Do you have copies of the letters you sent notifying them of your new address as well as your posting certificates for these letters?

System

So they have made a Statement of Truth that they served a claim on the last known address when it clearly wasn't the last known address.

Send the letter as indicated. Point out the issues and invite them to sort it before they cause any damage.

nosferatu1001

INdeed, get that letter written TODAY
NO DELAYING!

You give them THREE days to get this sorted, else you will apply for a set aside AND ask the court to look into their perjury in flasely signing a statement of truth
You will also complain to the SRA - in fact, you will complain *anyway*, just dont tell them that, yet.

POint out if you are forced to get a set aside you will charge them £60 an hour for your costs, whcih is 50% of a fee earner, as their actions are GROSSLY NEGLIGENT and unreasonable.

noobie247

I do yes. I have copies of them dated 2nd January 2018 and also again dated 10th January after I received their response to my original one on 4th January.

The 2nd letter is near on identical to the first just with the added statement of "I am in receipt of your letter before claim dated 4th January 2018" with which I received this to my new address.

noobie247

I will get a letter drafted. May I post in here for a proof read prior to sending?

Thanks

nosferatu1001

Yes, doesnt have to be long

Suggest to Gladstones that THEY process the set aside, at their expense, as this is their error.
If this has any consequence at all, you will hold them liable for all damagges and your costs on an indeminity basis.

noobie247

Gladstones Solicitors
The Terrace
High Leigh Park Golf Club
Warrington
Cheshire
WA16 6AA

24th July 2018

To whom it may concern,

I am now in receipt of the CCJ that has been raised against me after coming across it while checking my credit score via Experian.

I trust you are familiar with the outlines that surround the issue of a CCJ and the statement that you had to have adhered to when you sent the !!!8220;Certificate of Service!!!8221; to the court. The statement in this case is !!!8220;I believe that the facts in this certificate are true!!!8221;.

I would like to take the time to inform you that in this instance you have infact misled the court and as such are in contempt. The statements within that certificate were not true, as the CCJ has been filed against an old address. My current address has been listed on 2 items of correspondence to yourselves and you also sent a response dated 4th January 2018, so you are fully aware of the new address.

As you have misled the court, this CCJ should be set aside (at your expense). Note that I will also be raising this issue with the SRA (Solicitors Regulation Authority) with which the court will be made to look into the perjury in falsely signing a statement of truth.

Gladstones solicitors will be held liable for all damages caused by the misled issue of this CCJ as well as the costs associated on an imdenity basis.

Yours faithfully

XXX



How is that?

noobie247

Not sure what has happened in the copy and paste, but the !!!8221; is actually just brackets