County Court defence v Gladstones claim

Peabo

Can't contain myself, have to tell what its like to get their case stuck out and receive a days wages plus travel :beer:

Gladstones sent their "Solicitors Advocate" I suspected he didn't Right of Audience, which I was saving just in-case... but didn't need it as I followed Coupon-mad's advice to the letter and Objected to the claimants very late service.

Explaining the huge advantage they had and how it put me on the back foot by serving me their WS and Evidence last Friday evening, essentially 2 working days before the hearing :mad:

I evidenced my position by directing the judge to my printed service correspondence sent to the claimant 14 days as instructed by the court, plus the claimants out of time email / letter. Quickly followed by a request to strike out their WS and Evidence, I could see their advocate was not best pleased - that in itself was a great feeling.

The judge gave the claimants rep an opportunity to explain why they were so much out of time; first came "We were instructed quite late" seeing that didn't cut it, he then scraped the bottom of the barrel and gave Christmas as the reason, to which the judge pointed out how that wasn't going to work either.

In sheer desperation the rep then pointed out that this being a family court the courts directions were just guidelines...... really!

Out of concern he was wriggling off the hook, I quickly pointed out the courts directions are not optional. Thinking I may have overstepped the mark, I was pleasantly surprised when the judge thanked my and proceeded to disabuse the rep - it was so satisfying to watch

That was the final straw, and with it the judge struck out the claim and said we could go.... but I wasn't done yet. As Coupon-mad had advised me to ask for loss of earnings for one day and travel, which I duly did.

By this time the rep was hopping mad and objected, explaining that the most I could ask for was half a day and that I could go back to work!. Again the judge helped by pointing out I had taken the day off and it would be unreasonable to expect me to return :cool:

So all in all I received a days pay plus travel and the experience of making Gladstones pay - soooo good.

I cant say it was easy, and was surprised at how much I had learnt from all the posts - I very much appreciate all of your help.
Thank you
:T

Le_Kirk

Well done, a right royal whooping!

Coupon-mad

FANTASTIC NEWS! :T

Well played.

Sounds like you enjoyed that victory. The 4th one reported today, that I've read tonight, which makes what we do here worthwhile.

And now your case joins those other newbies will find when they search for:

another one bites the dust!

I cant say it was easy, and was surprised at how much I had learnt from all the posts

Do stick around and come back to this forum as and when you can - you have been to court, yet I never have!

People like you encouraging a newbie is invaluable even if you just pop in now and then and link to this thread for people to read, if they are wobbling and think a Gladstones usual, cut&paste template WS 'seem to cover nearly every eventuality'!

Peabo

Hi Coupon-mad,

I was nervous as hell, but oh yes, it was sooooo enjoyable to not only understand what they were talking about but feel confident having put in the time reading to challenge and win.

I will of course pop-in and share where appropriate, and your right, it a big leap of faith to take what is written and use it for real.

Thank you again for responding to my requests for help, you have been a star.

All the best :A

Coupon-mad

Peabo wrote: »

Hi Coupon-mad,

I was nervous as hell, but oh yes, it was sooooo enjoyable to not only understand what they were talking about but feel confident having put in the time reading to challenge and win.

I will of course pop-in and share where appropriate, and your right, it a big leap of faith to take what is written and use it for real.

Thank you again for responding to my requests for help, you have been a star.

All the best :A

And so have you!

nosferatu1001

"By this time the rep was hopping mad and objected, explaining that the most I could ask for was half a day and that I could go back to work!. Again the judge helped by pointing out I had taken the day off and it would be unreasonable to expect me to return
"
Wow the judge entirely ignored the CPRs there, but theyre entitled to do that - essentially you got some "unreasonable behaviour" costs without having to ask for it

Well done!

beamerguy

Peabo great job.

It must be a big thrill to be up against such an incompetent firm of solicitors:T

GLADSTONES :rotfl::rotfl::rotfl::rotfl:

Peabo

Hello everyone, so Gladstones have said they transferred the monies that they owe (in terms of the judgement against them) to my account on the 06.02.2019.

I have checked my account numerous times and there has been no payment.

I have emailed them to advise and they reassert they have made the payment.

I then ask for the account information they used to make the transfer.

They reply by again asking me to confirm if I have received the monies, to which I again explain I haven't, and again ask for the account details re the alleged payment.

They have not replied, so I write to another of their team who in previous emails has been quick to respond asking for the account details they used to make payment, and of course no reply.

What would you suggest be the next thing, apart from take them to court, I could do in terms of options?

Your advice would be most grateful..

beamerguy

Peabo wrote: »

Hello everyone, so Gladstones have said they transferred the monies that they owe (in terms of the judgement against them) to my account on the 06.02.2019.

I have checked my account numerous times and there has been no payment.

I have emailed them to advise and they reassert they have made the payment.

I then ask for the account information they used to make the transfer.

They reply by again asking me to confirm if I have received the monies, to which I again explain I haven't, and again ask for the account details re the alleged payment.

They have not replied, so I write to another of their team who in previous emails has been quick to respond asking for the account details they used to make payment, and of course no reply.

What would you suggest be the next thing, apart from take them to court, I could do in terms of options?

Your advice would be most grateful..

Give them 7 days to settle this account otherwise you will instruct the court bailiffs to collect the debt. That will cost you £100 ish which is added to the debt but you get it back when the bailiffs collect

Fancy Gladstones doing the old trick ... "cheque is in the post"

Peabo

Thank you.
Yeah, I guess they didn't like the spanking...