PCM ticket in February 2018/Gladstone Solicitor

KeithP

Daintai wrote: »

...what sort of time frame should I be putting down for the dates required?

Please read properly the most recent post by Le_Kirk.

Daintai

Hi Keith

I have copied and added to my above post. there is so many is this one not correct? this is from the copied edit henrik777 sent me in his previous message just want to move forward

Coupon-mad

No-one is saying it's incorrect, just that Le_Kirk's final sentence answers the dates query.

Also would it be likely another court hearing be soon? I won't return to London until February of next year.

You will have a hearing, so you need to put a covering letter with the N244, WS and draft order, telling the Judge the dates you will be away (and ADD AN EXTRA WEEK as 'unavailable' as you do not want a hearing the day after you come back, obvs!).

What do you mean 'another' hearing? This thread is long. Remind us what's happened already?

Is it a must this draft has to be posted my royal mail to the County court?

Posted with the N244, WS and a cheque for the court fee of £255 (unless you qualify for help with court fees due to a low income).

If so do I also post the same to the claimant?

You should contact them first (now) and ask if they will sent aside with consent, given they failed to send the claim form to your correct address (I assume? Your thread is too long to read!).

You haven't had a hearing yet, haven't had it set aside already?

Daintai

Coupon-mad Gm,

Firstly thank you for your advises, I do not have a cheque book back home. Does this mean I pay directly to the court? I really don't want to give these people my money, I was not even in the country at the time of the incident nor gave any consent for my name to be used for such a thing. But I am deeply concern that this may cost me an additional £255 should this go south and i am not able to make yet another court appearance because of dates given.

'Answer to your question i did have a hearing for the 15 November and request of £270 including court feet was asked to be paid by 29th November.'

However, I will call the Gladstone when they open office in the UK to hear what they have to say. Thank you

nosferatu1001

You can call the court and see about paying - the info is on the gov.uk website.

What was thehearing on the 15th November? The substantive claim? Or a set aside? Just saying "A" hearing is unhelpful as we cant read minds.

Also 14 days is far too short 0- usually it is a month. Why didnt you pay then when you lost?

You tell the court WHEN you cant make it, and they will avoid those dates.

Coupon-mad

What, do you mean you lost one case already as you couldn't attend? DISASTER!

These cases are there to be won.

Do you live abroad permanently, if so, then your set aside would include an argument to contest jurisdiction and ask for the set aside on the papers without a hearing.

Coupon-mad

Hang on.

Is this the same PCN that you want to set aside? What are your grounds then, as it went to a hearing so there is no 'set aside' argument, albeit there might be a case to appeal, if you can show the Judge erred in law.

Show us the Order from the Judge.

Daintai

YES COUPON_mad The same case I don't know how it works or what to do someone suggested Set Aside in the previous threads. I am clueless has to what I should do.

The second letter stated 'The claimant recover against the Defendant sum of £171.76 for debated interest to date of Judgement and £100 for cost amounting to the sum £271.26'
that would be good if i could reappeal. How to i go about doing this? It will be 14 days tomorrow. I really don't think I should give these people money I do not have.

It is order that the Defendant pay the Claimant the sum of the above on or before the 29th November. Yes I live abroad, Do i still call us Gladstone and suggested above ? Where do I go from here?

Coupon-mad

Please show us the actual order, scanned or in a close up photo, as it can't say 'debated' and must say something more about the hearing.

Does it say the Claimant attended and the Judge 'heard' from them?

Did you tell them you could not attend, in advance, and asked for the case to be heard on the papers?

Did you include the Consumer Rights Act and talk about the false added £60 not being recoverable, due to the CRA, th POFa and the Beavis case?

Daintai

I did not get the letter on time I only received it last week after my sister checked my post. So i miss out on sending my defence. I was not able to tell them in advance for the case date to be moved. No the letter did not state the claimant attended but I did get a letter from Gladstone around the same time I was notified go the Court hearing date that they will put a defence in and they may or may not attended, So I think because I didn't submit a defence letter with my proof they won in default.

I would love to send you the letter I have it here only by whats app message from my sister but which email can i send it to?