Gladstone Court Claim - Visitors Bay - Help

TRNC

Thanks for the explanation, very useful! I will get my DQ and letter sent off asap.

TRNC

Update: Received confirmation this has been transferred to my local court. I imagine at this stage they will look at the letter IamEmanresu suggested I send as there may not even been case for a claim?

nosferatu1001

They may or may not
the only way to force them to review is to pay £100 for the privilege.

Coupon-mad

TRNC wrote: »

Update: Received confirmation this has been transferred to my local court. I imagine at this stage they will look at the letter IamEmanresu suggested I send as there may not even been case for a claim?

Doubt it.

But reiterate it in your WS and with your evidence.

System

As was said above they may or may not. The key to this is the Case Management powers of the court

Rule 1.4: Court's duty to manage cases. Rule 1.4(1), (2)(c) and (d).

Basically if they don't throw the case out, when it comes to the WS you mention that the case should never have progressed as there was never any merit in the claim, and that had the court used it powers under 1.4, it wouldn't have progressed. You then add that the claimant is involved in an abuse of the court process by issuing a claim without merit in the hope the court would not use CPR 1.4.

Some courts are actively using 1.4 so we'll see.

TRNC

I have now received my notice of allocation. Is the bit about trial fee cost or filing a properly completed application by October 4th normal? Or does this mean that Gladstones have missed a deadline?

http://tinypic.com/r/15ydhqt/9

System

This is a standard para to tell the Claimant (not Gladstones) to pay the fee on time or apply for relief from having to pay the fee. They normally pay the fee.

On the back will be instructions on when to file a WS. It is usually 14 days before. Does it say that?

TRNC

Thanks for clarifying! The date which the WS and evidence needs to be submitted is September 28th so way before 14 days

nosferatu1001

14 days is normal, not a rule.

Coupon-mad

TRNC wrote: »

Thanks for clarifying! The date which the WS and evidence needs to be submitted is September 28th so way before 14 days

OK, so you have 3 weeks to work on your WS (easy to write!) and evidence, same as all the other court claim threads you care to read.

All is explained in the NEWBIES thread, with examples WS and an example evidence list.