IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Appeal not accepted or rejected but receiving debt collection notices

15681011

Comments

  • 1234
    1234 Posts: 130 Forumite
    Part of the Furniture 100 Posts Name Dropper
    I'm unsure what I need to do next. Do i write to the courts, do i write to UKCPM?

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Courts. Theyre the only ones who can do anythin gabout costs
    You file a copy of your costs schedule with the claimant. 
  • 1234
    1234 Posts: 130 Forumite
    Part of the Furniture 100 Posts Name Dropper
    edited 13 February 2020 at 3:09PM
    Thanks. Where i file with claimant do i send to Gladstone or UKCPM or both?

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 13 February 2020 at 4:34PM
    If in doubt , any doubt , do both
    Court plus claimant is what your forms say
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Theyre using sols, so you file with sols. 
  • 1234
    1234 Posts: 130 Forumite
    Part of the Furniture 100 Posts Name Dropper
    edited 11 March 2020 at 7:51PM
    I’ve received letter that court will determine to award cost to defendant for failing to inform me they wanted hearing vacated. The hearing to determine this will be in June.

    My cost is around £500. Which is loss of earning, plus time spent defending and this will likely increase as another annual leave day wasted to attend.

    Other than wage slip for loss of earnings, how can I prove I spent n hours defending?
  • Coupon-mad
    Coupon-mad Posts: 153,255 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Woohoo, nice!

    Laying the groundwork with a Summary Costs Assessment to be determined in the event of late discontinuance, worked!  Have a read of this and make yourself really knowledgeable on what you can claim and how to prove actual loss:

    https://www.lawgazette.co.uk/benchmarks/costs-and-litigants-in-person/5038419.article

    https://legalpracticesupport.co.uk/legal-costs/litigant-in-person-costs/

    ''Under CPR 46.5, Litigant in Person costs recovery should be at a rate of £19 per hour, or if the person can prove financial loss, they should be able to recover the amount that they can prove to have been lost for time reasonably spent doing the work. This was shown in the recent case Spencer and Anor v Paul Jones Financial Services Ltd'' 
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • 1234
    1234 Posts: 130 Forumite
    Part of the Furniture 100 Posts Name Dropper
    I have received witness statement where the Gladstones have claimed they did serve notice of discontinuance 5 days (3 working day) before hearing. In their witness statement they say that we've previously had correspondence by email and they cannot explain why i did not received this and have included a screenshot of the email. I've noticed they have spelt my email incorrectly and likely gone off to someone else.

    I wasn't expecting to go through all this again but would appreciate the help,  do i write my witness statement based on why i'm trying to recover my costs?



  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    You obviously point out that they, by their own admission, did NOT serve you. They served an entirely different email address. You could see if it's live by sending an email, if you like. 

    I'd file a shirt witness statement , referring to your costs assessment, and adding in the new hearing day
    you're claiming time spent. No way to prove this other than your testimony. But they can't really prove you didn't spend that time, either. Add costs fir writing THIS WS as well
  • 1234
    1234 Posts: 130 Forumite
    Part of the Furniture 100 Posts Name Dropper
    Perfect, just what i was after.
    They also claimed that they did not hear from me by 3rd of Feb therefore referred back to their client however on the 4th Feb they send me a without prejudice final settlement offer on 4th Feb which i rejected. Even though this is without prejudice correspondence, can i use this as proof there was communication between us after the date they claim neither of us were talking? 

Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.3K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.8K Spending & Discounts
  • 244.3K Work, Benefits & Business
  • 599.5K Mortgages, Homes & Bills
  • 177.1K Life & Family
  • 257.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.