Gladstone ‘Letter Before Claim’

KeithP

You've been here long enough and have enough posts to be able to post live links.

Please edit your post to change hxxp to http. Thanks.

noobie247

KeithP wrote: »

You've been here long enough and have enough posts to be able to post live links.

Please edit your post to change hxxp to http. Thanks.

Only posted like that as I was told to do it last time? Edited.

noobie247

Good news, I have found the "Certificates of Posting" from the letters I sent back in January so their claim to have not received them now makes them look very silly!

Now I have these I assume it is best to completely ignore their letter and definitely go to the court hearing?

Coupon-mad

I would reply telling them that 'no order as to costs' is completely unacceptable, given the £255 fee you have had to pay and that you will be claiming that back, given the conduct of the Claimant and the meritless claim from the outset.

Keep the certs of posting in your own bundle for the hearing but send them a photocopy.

Ask them to explain why their client continues to insist that post that can be proved to have been put into the Royal Mail postal service, and under the Interpretations Act was deemed delivered within 2 working days, has been inexplicably lost at their end.

noobie247

Coupon-mad wrote: »

I would reply telling them that 'no order as to costs' is completely unacceptable, given the £255 fee you have had to pay and that you will be claiming that back, given the conduct of the Claimant and the meritless claim from the outset.

Keep the certs of posting in your own bundle for the hearing but send them a photocopy.

Ask them to explain why their client continues to insist that post that can be proved to have been put into the Royal Mail postal service, and under the Interpretations Act was deemed delivered within 2 working days, has been inexplicably lost at their end.

The letters sent back in January were sent to Gladstones themselves, which is why I find it amusing that they say they haven't received them. Lucky that I found those certificates of posting as I would have had no proof otherwise and it would have been my word against theirs.

What do I say back with regards to the litigant in person statement? Ultimately the 6 hours at £60 per hour would cover the days wages I would lose having to attend the hearing as I am self employed.

Point 3 where they mention the defendant is to serve a defence within 14 days of the sealed order being received, are they basically saying that once the CCJ/claim gets removed they then want to pursue me again for the fee? Seeing as I sent them 2 letters requesting all of the items such as signage, breach of contract etc back in January I assume I can request at the hearing that this entire thing is completely squashed and they can no longer pursue me for anything?

Thanks

System

Add in an amount for the distress (£250) caused by having to take this action. Add that they falsely served a certificate of service knowing or ought to have known the address was incorrect.

The main issue will be not upsetting you or your costs but misleading the court. Courts get very upset with their "officers" i.e. solicitors misleading them. You can prove they were told. You can prove you invited them to sort it.

noobie247

IamEmanresu wrote: »

Add in an amount for the distress (£250) caused by having to take this action. Add that they falsely served a certificate of service knowing or ought to have known the address was incorrect.

It's obviously been a stressful matter that's for sure. So would you recommend sending them a build up of fees and sending it to them, and then taking the build up to court with me also?

I did mention this in the letter that I sent to the court "Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee plus fees as described in the letter sent to Gladstones Solicitors on 25th July which is 5 hours of a Band D earners fee (£60 an hour), plus mileage, plus parking. This is to complete the set aside form and relevant documentation and to attend the hearing."

noobie247

My response to the letter posted above will be as follows:

"20th August 2018

To whom it may concern,

I am in receipt of your letter dated 16th August.

I would like to take the time to reply to you with regards to the 4 points you raised for discussion.

It is totally unacceptable that you have requested for no order as to costs considering I have already paid £255 for the judgement to be set aside. Reimbursement via the court will be sought, as well as the fees I have previously mentioned. I have also requested that the claim is to be dismissed in its entirety due to yourselves not providing me with the information I requested in my letters sent on 4th January 2018 and 10th January 2018.

May I ask why you continue to insist that post I can prove has been put into the Royal Mail postal service, which under the Interpretations Act is deemed delivered within 2 working days has been inexplicably lost/misplaced your end on 2 separate occasions?

Total fees that I will be claiming for are as follows:

£255 !!!8211; Payment for the Judgement to be set aside
£300 !!!8211; As previously mentioned, 6 hours of a Band D earners fee
£250 !!!8211; Distress and loss of earnings caused by having to take this action

Please see attached copies of the receipts showing postage dated 4th January 2018 and 10th January 2018, both of which had my new address on.

May I remind you that seeing as you received letters on both 4th January 2018 and 10th January 2018, you have falsely served a Certificate of Service knowing, or ought to have known the address was incorrect. You have blatantly misled the court in this matter.

Yours Faithfully"


Should I include anything else? Thanks

noobie247

Morning,

I'm sending the letter at approx. 12pm so if anyone can let me know if there's anything in the above that shouldn't be then it's appreciated.

Thanks

noobie247

Hi,

I got home tonight to a letter from DCBL who are high court enforcement bailiffs demanding the original fee of £283.46 + £75 on top.

Now I am getting really worried. What do I do with this? Do I contact them and tell them it has been set aside? This obviously doesn't relate to the CCJ that has been raised but the actual monies owed, and I was hoping that the court hearing would ensure this whole case was dismissed.

I really cannot afford this right now either which makes it so much more frustrating, if a high court enforcement officer was to turn up at the door then payment wouldn't be able to be made and they would take goods obviously.

Gladstones still seem to be holding the upper hand here, I literally cannot do anything until the hearing it seems?