Court Claim received from Gladstone on behalf of PACE Recovery

Coupon-mad

This is an extract from my WS - does this constitute "unreasonable behaviour"? If not will remove.
In the case of the second claim, where my permit has been filled in, but the Claimant had indicated that I have overwritten the date. This is definitely not the case and I did not overwrite the dates. There is a darker mark on the date here as my pen did not mark well the first time and had to make the date clearer, however despite explaining this, this was not accepted by the Claimant's Legal representation, who have inferred that I have been dishonest. In any case, I would consider this at the minimum very predatory behaviour, making an opportunistic claim and at worst a fraudulent claim.

Don't remove that - it is fine to say that, because the PPC were trying it on.

Enrique123

No no, I meant does that constitute unreasonable behaviour, ie enough to claim within the costs section? Is there a value to be applied for costs under unreasonable behaviour Per CPR 27.14(2)(g)?

nosferatu1001

As you will have seen when looking for costs schedules, you have

Ordinary costs - capped at £95 for a half days loss of leave OR earnings, AND on top parking and mileage

Unreaosnable costs - charged at £19 per hour

It isnt unreasonable behaviour, in my book. They just disagree with your explanation, which theyre entitled to do.

Coupon-mad

I note that Gladstone received and signed for the documents on the 23rd (so not within 14 days) - however as this was sent via special next day delivery and I have kept the receipts, should this be an issue?

Contact Royal Mail and ask for a refund of the Special Delivery guaranteed cost, showing them the tracking and asking for an explanation by email. I suspect that will show Gs might have refused to sign for 48 hours...if not, at least you get your fiver back as the next-day service was not fulfilled.

And re unreasonableness, I wrote a list to accompany a costs schedule last week, listing the wholly unreasonable and vexatious conduct. To read it and copy/adapt it, search the forum for:

vexatious Denton

!

Enrique123

Morning all,

I am at court today and my hearing is delayed.

As Gladstone failed to send me any docs, a representative from PACE tried to give me their evidence in person in the waiting room. I refused his offer as I said I don't have the time to examine the evidence. Hopefully I have done the right thing here?

Umkomaas

Sounds about right to me. Make sure the Judge is informed about the non service of paperwork.

Best of luck.

beamerguy

Enrique123 wrote: »

Morning all,

I am at court today and my hearing is delayed.

As Gladstone failed to send me any docs, a representative from PACE tried to give me their evidence in person in the waiting room. I refused his offer as I said I don't have the time to examine the evidence. Hopefully I have done the right thing here?

GOOD LUCK today

Enrique123

I plan to Umkomas - I already emailed the court two days ago about this.

Enrique123

Update: case was thrown

beamerguy

Enrique123 wrote: »

Update: case was thrown

Well done :beer:

You are the second Gladstones failure today.

What about your costs ?