Help with Gladstones Court claim

Coupon-mad

It says what to do if you want the order set aside.

You need to simply explain you are a litigant in person, and as the Defendant, your local Court is Manchester.

Midy147

Thank you very much Coupon-Mad, so i will draft a letter and send it to the court in Manchester where the order was made, detailing i am a litigant in person and as the defendant my local court is Manchester.



On the order is says if i cannot comply i am expected to make a formal application to the court, is a letter OK or would i have to fill out some form.

Midy147

bumping for help

KeithP

Midy147 wrote: »

Thank you very much Coupon-Mad, so i will draft a letter and send it to the court in Manchester where the order was made, detailing i am a litigant in person and as the defendant my local court is Manchester.



On the order is says if i cannot comply i am expected to make a formal application to the court, is a letter OK or would i have to fill out some form.

A formal letter is ok.

Coupon-mad

That just means if you miss the seven day deadline to send a letter objecting/pointing out the error, you would then have the burden of paying an application fee if you let it slip and have to address it late...

So time is of the essence. maybe attach a copy of the Order to your letter, with a staple (not paper clip!) so the letter can't be misfiled or ignored due to the Court not realising which case/Order it refers to. Get proof of posting and keep it (ordinary 1st class at the PO Counter, with a free certificate of posting retained by you).

Midy147

Received a letter today from Weston super Mare county court.

The district Judge there ordered that unless gladstones submit specific particulars of claim by the 24th of this month the claim will be struck out. Hopefully this happens.

System

Hopefully this happens.

Which one are you referring to?

You will get a template which does little more than regurgitate the Witness Statements you see here all the time. The case will then progress to a hearing where Gladstones may drop out at the last minute or let it progress to a hearing where they won't attend.

The issue is to rattle people and since there are very few cases at WsM they will have a fair idea who you are. Suggest you get your evidence together if you have not done so.

Midy147

I haven't submitted a witness statement yet and neither have they. Was saying above that hope it is just struck out without going further.

If it is struck out at Wsm that's OK but if it went further then I'd want to be moved back to my local court. I have sent a letter regarding getting the case back here.

System

The way it should work is

1. They supply "particulars" that will look like a WS but it will be taken as "particulars"

2. You will then get a Directions Questionnaire and you use that you get it moved to your home court.

3. You will later get a Notice of Allocation with a hearing date and a date for your own WS. Gladstones will recycle the version in #1

4. The case will then progress to a hearing where Gladstones may drop out at the last minute or let it progress to a hearing where they won't attend.

All the judge has done is to put it back to the start and the [automated] process starts again.

Midy147

The judge has set an order that Gladstones must pay a trial fee or submit particulars by the 6th of december or the case will be thrown out. He has also given a court date for early january should they comply.