Appeal not accepted or rejected but receiving debt collection notices

KeithP

They claimant has the same 'due date' that you have for filing and serving the 'documents they intend to rely on'.

You need to be writing, or have already written, your Witness Statement, gathered your evidence and compiled a Costs Schedule.

When is that deadline date?

1234

25th.

I’m currently writing it. Can I email it to the courts as well or must be posted?

KeithP

25th?? Cannot be. That's a Saturday.

Can you not hand deliver it to the court? It is your local court, isn't it? All neatly presented in a binder or folder with all pages numbered.

1234

Just checked and it’s 27th.

Umkomaas

It's difficult to give good/precise advice with gash data.

Coupon-mad

Search the forum for ring binder and read other threads to copy what they did.

1234

I’ve not received any witness statement or evidence from parking co and court date is round the corner.

Should I give them a nudge or just mention that it was received late/not received when in court.

Coupon-mad

I would write to the Judge with a further copy of your costs but headed up:

Summary costs assessment

...include all your hours spent working in the case and proof of your normal 'workplace' hourly rate, and tell the Judge that the Claimant has failed to file & serve any WS or evidence and you are concerned that they are going to take it to the final few days then discontinue. As such you are reasonably asking for your summary costs schedule to be considered and for those costs to be ordered against the Claimant, in the event of either:

- a very late discontinuance, or
- the claim now being struck out.

You need to state the CPRs that you are relying upon, AND a bullet point list headed 'UNREASONABLENESS IN PRE- AND POST- ACTION CONDUCT' explaining everything the CLAIMANT (not the solicitor) has done that was unfair/unreasonable along the way, to try to lead the Judge to agree with your position within his/her remit!

I posted about costs in more detail in January:

https://forums.moneysavingexpert.com/discussion/comment/76775982#Comment_76775982

https://forums.moneysavingexpert.com/discussion/comment/76759005#Comment_76759005

You want your costs to be viewed as 'summarily assessed' - i.e. hearing or not.

1234

Brilliant, thanks for this.

1234

Gladstone contacted me last week with an offer to settle out of court, which i refused as no debt is owed. I informed them i am still waiting on their witness statement most specifically their authority to operated from the Landowners, which to-date has still not been received.

Today was the day of the hearing and left home early to mentally prepare and read over notes and my defence/witness statement. On arrival i was unable to locate the allocation for my hearing and spoke to Court staff who came back to say they've received a notice of discontinuation this morning (dated 7/02/2020 as most likely submitted after 4pm) , I explained I've had regular communication with Gladstone over email but they've failed to notify me and i'm worried they will attend and win by default. The staff member was very helpful as she went and printed out a copy for me.

At this point I attempted to see whether I could submit my costs but was unable to as there was no Judge who I could see without a hearing. 

Is this proof enough for unreasonable behaviour by writing to request costs and and is there a limit to what can be claimed?