Gladstone ‘Letter Before Claim’

nosferatu1001

Well, you didnt even given them a deadline for a start! You state you expect them to resolve this within 3 days otherwise you will be forced to go for a contested set aside for whihch you will invoice them the full ocst, including your time at £60 per hour - being 50% of the rate of a Band D fee earner. This rate reflects the extremely unreasonable and unpriofressional actions by your company.

I have recently become aware of a County Court Judgement recorded against me, as a result of a claim by your firm knowingly being sent to my previous address. My current address has been given on 2 seperate pieces of correspondence to yourselves, and this was recorded on yuor systems as you sent a response dated 4th January 2018. You therefore were fully aware of my current service address.

I trust you are familiar with the statement of truth that you signed when you sent the "Certificate of Service" to the court, however in this case your statement could not have been true, and you have misled the court. This is not only potnetially contempt, but perjury and a serious breach of your professional obligations and your duty to the Court.

As you have misled the court, I require you to immediatley agree to getting this Judgement Set Aside, at you or your clients expense, and to start the process with the Courts. You have three days from the date this letter is presumed given to confrim that you have started this process.

Should you fail to begin the process within the timescale given in order to comply with my own obligation to deal with the matter promptly, I will have no choice but to file for a Contested Set Aside with an application fee of £255. Alongside this I will file a draft Order requiring that the cost of the set aside is repaid within 14 days of the hearing, alongside my costs initially assessed at 5 hours of a Band D fee earners time, namely £60 per hour, plus mileage and parking. This is to complete the set aside form and attend the hearing. As the claim has no prospect of success, outwith the issue of you misleading the Court, I will also ask the Court to Order the claim is struck out.

Furthermore, Gladstones solicitors and their client will be held liable for any damages caused by this CCJ as well as any costs incurred, on the indemnity basis.

Lastly, I will raise a complaint of professional negligence and misconduct by Gladstones with the Solicitors Regulation Authority.

See what others think!!!

System

Can you also contact MCOL and ask for a copy of the Certificate of Service. They should pass it over as relevant to your case

This is the key point you might want to add for back up

Service by a county court officer of any summons or other process issued from a county court may be proved by a certificate in the prescribed form showing the fact and mode of the service. Any officer of a court wilfully and corruptly giving a false certificate in respect of the service of a summons or other process is guilty of an offence and must be removed from office on conviction of any such offence.

Since the effect of false CoS is quite draconian, it is a surprise they (and others) want to go that way. But get a copy and see what they have done.

noobie247

Thanks for the reply.

I just spoke to them on the phone, and she stated that as everything is now done online the Certificate of Service doesn't exist and that it will just be the same as what has been sent to my old address. I can go and collect this at the weekend if need be, I have a photo of the front for now but it looks nothing like the Certificate of Service form that is online..

She also then went on and said that as I lived at my old address back in 2016 when the apparent offence was committed that my chances of getting it overturned in court were very slim even with the address being wrong and them knowing that I did not live there anymore. I explained that they had sent a letter to my new address which means they know I don't live at the old one anymore and she still seemed to think it didn't matter and that the CCJ would still be valid?

noobie247

nosferatu1001 wrote: »

Well, you didnt even given them a deadline for a start! You state you expect them to resolve this within 3 days otherwise you will be forced to go for a contested set aside for whihch you will invoice them the full ocst, including your time at £60 per hour - being 50% of the rate of a Band D fee earner. This rate reflects the extremely unreasonable and unpriofressional actions by your company.



See what others think!!!

Thank you so much for making some changes to the letter. I will incorporate both your comments and the comments of IamEmanresu and get it sent across this afternoon.

System

Courts require evidence so get a copy.

Court staff cannot give legal advice so ignore it. But at the appropriate time (after any hearing) mention it to a judge that they appear to be doing so.

nosferatu1001

You rang Gladstones? Or the Court?
THe Court are useless, youve found that out. Barely trained.

noobie247

nosferatu1001 wrote: »

You rang Gladstones? Or the Court?
THe Court are useless, youve found that out. Barely trained.

I rang the issuing court, Northampton County Court and then spoke to their business centre.

She was really pushing me to pay that's for sure, must have mentioned the deadline is fast approaching 3-4 times at least!

nosferatu1001

Yes because it means less work for them. Theyre overworked.

Have a look at MCOL ands ee what statement they have to sign - they WILL have had to sign to state tjhe claim form is true to the best of their knowledge or similar.

noobie247

Once again thank you both for helping me with this, it's greatly appreciated. Final draft of the letter below. I will get it sent on my way home from work this evening.

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

24th July 2018

To whom it may concern,

I have recently become aware of a County Court Judgement recorded against me, as a result of a claim by your firm knowingly being sent to my previous address. My current address has been given on 2 separate pieces of correspondence to yourselves, and this was recorded on your systems as you sent a response dated 4th January 2018. You therefore were fully aware of my current service address.

I trust you are familiar with the statement of truth that you signed when you sent the "Certificate of Service" to the court, however in this case your statement could not have been true, and you have misled the court. This is not only potentially contempt, but perjury and a serious breach of your professional obligations and your duty to the Court.

Please note service by a county court officer of any summons or other process issued from a county court may be proved by a certificate in the prescribed form showing the fact and mode of the service. Any officer of a court wilfully and corruptly giving a false certificate in respect of the service of a summons or other process is guilty of an offence and must be removed from office on conviction of any such offence.

As you have misled the court, I require you to immediately agree to getting this Judgement Set Aside, at you or your clients expense, and to start the process with the Courts. You have three days from the date this letter is presumed given to confirm that you have started this process.

Should you fail to begin the process within the timescale given in order to comply with my own obligation to deal with the matter promptly, I will have no choice but to file for a Contested Set Aside with an application fee of £255. Alongside this I will file a draft Order requiring that the cost of the set aside is repaid within 14 days of the hearing, alongside my costs initially assessed at 5 hours of a Band D fee earners time, namely £60 per hour, plus mileage and parking. This is to complete the set aside form and attend the hearing. As the claim has no prospect of success, outwith the issue of you misleading the Court, I will also ask the Court to Order the claim is struck out.

Furthermore, Gladstones Solicitors and their client will be held liable for any damages caused by this CCJ as well as any costs incurred, on the indemnity basis.

Lastly, I will raise a complaint of professional negligence and misconduct by Gladstones with the Solicitors Regulation Authority.

Yours faithfully

XXX

noobie247

nosferatu1001 wrote: »

Yes because it means less work for them. Theyre overworked.

Have a look at MCOL ands ee what statement they have to sign - they WILL have had to sign to state tjhe claim form is true to the best of their knowledge or similar.

Am I able to upload a photo somehow? I have a picture of what has been sent, the front only and it is labelled "Judgement for Claimant (in default)"