Appeal not accepted or rejected but receiving debt collection notices

nosferatu1001

Yes, because they're claiming something that is untrue. 

Essentially they're claiming you did not correspond when you did, and can prove it - I hope. 

Coupon-mad

I'd say, yes you can refer to that WP correspondence, because this hearing is about your costs.

Did you read the links I gave you on 11th March?  If you are going to try to claim costs and prove your losses, this is ALL about the witness statement and the PROOF of loss and costs that you set out and sign/date and attach as a Summary Costs Assessment. 

Don't think this is a simple exercise. You need evidence, evidence, evidence.   

You are singing for your supper here and have to prove everything to the Judge with your WS.  Every email and every letter needs appending and circle the error in the email address on the one where they pretended they emailed you a NoD, and suggest that one of two things happened:

Either:
(a) they didn't send it and mocked up this email after the event (easy to do) and deliberately put a slightly wrong email on it, to try to make it look like human error when in fact no such email was sent 3 days before the hearing.  They are put to strict proof of that email's position in their 'sent items' email list, and the metadata to show when that putative NoD was created...

or

(b) they did send that email to that wrong email address (see circled error in address), which is at best negligent, and indeed hard to believe, given they had already corresponded by email and could have continued on the same email thread as a reply to you.  And even if they didn't, their email system would have auto-filled in the correct email once they started to type.  And even if it didn't, their error means that service of the NoD was de facto defective and void and it is a fact that your not insignificant costs (as on the attached signed & dated COSTS ASSESSMENT, with proof of earnings also attached) were wasted, as a result of the solicitor's failure.

Oh, make sure this WS has the new April (longer) statement of truth above your signature and date, as it has changed!  Google has it.  No need for us to give you that.

nosferatu1001

Many places have removed "auto complete" for emails, as it is a DPA risk - too many collisions of names! 
So it is possible they do have to add it by hand
Also, if this is a mistake by the solicitor, that is THEIR COST TO BEAR - thats why they have insurance, for their mistakes. It shouldnt remove the liability for costs, it just means they owe their client the money. 

D_P_Dance

If you feel that a solicitor has acted improperly you can complain here,

https://www.sra.org.uk/

1234

I have searched but unable to locate, is there any previous cases i can quote where by a late notice of discontinuance would also be deemed unreasonable?

@Coupon-mad - did as you instructed back in Feb/March, thanks I've now updated statement of truth

nosferatu1001

This wasnt even late - it never was served. Failing to serve notice of discontinuance is unreasonable becuase it wastes court time and D time. 

1234

I was able to find  a case that was in the same court for the same reason of failing to serve notice of discontinuance, including this and sent in witness statement off. 

I've received an out of court settlement offer which is 40% of what i was claiming which is made up from my loss of earnings and return trip to court but UKCPM feel that cost for litigation is not covered as this is expected from litigation. At no point did UKCPM or GS provide any evidence to prove they had any authority to operate or commence litigation (otherwise every tom,!!!!!! & harry would be raising claims against anyone). 

I'm want to make a counter offer to include the cost of me having to research and preparation of defence as litigating in person @£19p.h althought i'm unsure what to quote them. Is there a relevant section of CPR which outlines what costs can be claimed for?
Found it in section 46.5

Coupon-mad

Go for it.

zhonguonuren

1234 said:

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?

Sorry if you’ve checked this already but you can usually login and see on the claim history when Notice of Discontinuance was received by the court.  

KeithP

zhonguonuren said:

...you can usually login and see on the claim history when Notice of Discontinuance was received by the court.  

I thought that was only possible while the claim remained at the CCBC.