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Help with Gladstones Court claim

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Comments

  • Midy147
    Midy147 Posts: 31 Forumite
    Not surprisingly i have just received Gladstones solicitors witness statement with only 12 days till the hearing, completely against the judges directions. Is there anything i can do to not let them ambush me like this?
  • Midy147
    Midy147 Posts: 31 Forumite
    I have sent a letter to the judge as i have seen in other posts, to make the judge aware about the failure of gladstones to send me their witness statements within the 14 day required timeframe. Printed out the law gazette article to take on the days and challenge ROA.
  • Umkomaas
    Umkomaas Posts: 43,765 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Printed out the law gazette article to take on the days and challenge ROA.
    Are you right on top of your game with this? What I've seen of late is that no RoA challenge has succeeded, and in some cases seems to have hissed the Judge off and made him grumpy.

    Often it's to the Defendant's advantage to have a poorly prepared/briefed opponent as the Judge can be influenced in the D's favour by a bumbling, stumbling brief.

    If you succeed in a RoA challenge, the Judge will more than likely take over the role of the Claimant and put their case for them, for you to respond.

    RoA doesn't equate to a slam-dunk victory.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • I will try my best to put my case as well as I can. Hopefully judge is reasonable and accepts if not I will quickly move on. But if everyone is losing that battle I may not try it. Has it become a dead end questioning Roa?
  • Umkomaas
    Umkomaas Posts: 43,765 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Has it become a dead end questioning Roa?
    Depends what your objective is. Think it through - will it place you at a potential advantage or a potential disadvantage (see my comments above)?

    I don't have the monopoly of advice on this - others may comment too.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Midy147
    Midy147 Posts: 31 Forumite
    The claimant has turned up 25 minutes late as per notice of allocation. She wanted to talk but I have refused. Usher seems to have booked her in.
  • azz007
    azz007 Posts: 216 Forumite
    Fifth Anniversary 100 Posts
    How did it go, who was the judge?
  • Midy147
    Midy147 Posts: 31 Forumite
    Unfortunately judgement went against me. Didn't get the judges name but will update when I do. He reduced the costs by around half but gave them the benefit of the doubt.
    He let them off on the statements being late which I was surprised by. He praised many of my points but was of the opinion that the driver should always look for signs and go and find them. Couldn't convince otherwise. Anyway good experience, thanks everyone.
  • azz007
    azz007 Posts: 216 Forumite
    Fifth Anniversary 100 Posts
    if you can kindly provide a report of the day and how well their rep was prepared and what their case was based on.
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