Gladstones - Letter Before Claim (PCM)

subzero1988

Also - If i were to pay this, would I definitely have the CCJ removed from my name?

Coupon-mad

subzero1988 wrote: »

Also - If i were to pay this, would I definitely have the CCJ removed from my name?

Why don't you read the set aside options in the NEWBIES thread?

Then ask us questions if anything is unclear. You didn't get the claim form so you can get it set aside, and can then defend the case, and can claim all your costs back if you win, including asking the Judge for the £255 set aside fee.

I suspect Gs may have sent the claim to an old address the car was registered at with the DVLA - did they have an old address as well as the one they'd been using for you re the LBC?

STOP ringing Gladstones up, if you mean you rang them, rather than the CCBC.

If you pay it off now, as long as it's within 30 days of judgment, the CCJ will be wiped, but so will it if you get it set aside, and then if you win the defended case, you won't be paying the unfair PCN (and may get your £255 back along with your hearing costs).

System

the likihood of it going missing in the post is minimal

Why don't you read the set aside options in the NEWBIES thread?

I'm not sure the OP can successfully apply for a set aside. By their own admission, the court document can't have gone missing, and as they have not moved, the court would be in a position to decide they received it and ignored it.

If they do apply for a set-aside and it is successful, can't see the court agreeing a repayment of the fee IF there has been no mistake in the service or the address.

Looks like this one gets chalked up to bad luck.

Coupon-mad

By their own admission, the court document can't have gone missing,

How come? They said they had not received it.

System

How come? They said they had not received it.

The court view is BoP. Saying you haven't received it and not receiving it on BoP are two different things especially if they say/blurt out "the likelihood of it going missing in the post is minimal"

The key point though is whether to pay early for no CCJ or risk getting a set-aside, no fee refund, and a risky second trip to court.

It's litigation risk versus no litigation risk - or to put it a far more accurate way is the OP's financial risk higher one way or another.

subzero1988

Thanks for your advice guys, I ended up just having to pay it and didn’t take the risk of paying the £255 to try and take it to court.

So when I rung up I found out that I had 2 claims, the claim I just paid for was for another fine that I must have received after this claim that I started the thread for.

So I now have a claim that’s now going to court, which I replied to the LBC, so I can now fight that one when I get my letters through from the county court and reply with my witness statement.

System

So I now have a claim that’s now going to court,

Have you actually checked with the DVLA how many times and who accessed your Keeper data. There may be more than two.

subzero1988

Thanks, i will have a look into that. The woman at gladstones told me theres only 2 on my file, one i had to pay off as mentioned before.

The one i have now, ive completed the AOS so i just need to start researching into my defence.

I do have some stuff to post here when I can, gladstones reply to my LBC. I just need to see what kind of route i can go down with my defence, so ill read up and see what will best suit my case.

How much do I have to make it my own? As in my own writing? Or am I just taking bits that suit my case? Thanks guys

KeithP

What is the Date of Issue on your Claim Form?

subzero1988

4th october is the issue date, im going to try and upload to dropbox what gladstones have sent to me previously