Gladstones Letter Before Claim Oct 2018 - How should I respond?

StubbornGoat

So I have now completed my Skeleton Argument, which basically attempts to rip apart UKCPMs Witness Statement which I received 4 days late (and have an email from the court to say they received 3 days late)...

So I am starting off by asking the court to not consider Claimants late Witness Statement as it is serious noncompliance with the Notice of Allocation to the Small Claim (Hearing) N157 order dated 20 May 2019 Clause 6 by not serving to Defendant or to Court his Witness Statement or the documents she intends to rely at the hearing on time. But in the case the Court decides to consider Claimants Witness Statement, Defendant would like the court to consider this Skeleton Argument.

And then I refute each point.

Here is the Claimants Witness Statement: https://online.flippingbook.com/view/934036/
Here is my Skeleton Argument: https://online.flippingbook.com/view/232555/

I appreciate that many of you are on holiday now, but those who are not - If you would be so kind as to have a look over this for me, I would be extremely grateful as my hearing is next Tuesday (13th) and If I am correct, I must submit this skeleton argument and costs to the claimant and court by Friday (2+ days before hearing)

Thanks

SG

PS. I must admit, I am actually beginning to enjoy all this - win or lose in court, I have taken so many lessons from this forum and all this research that I have done that I plan to assist many friends and family (as well as people on here) once this all all over.

StubbornGoat

My hearing is tomorrow. I have watched the "what to expect video" which I have seen Keith P post a few times. I'm genuinely looking forward to the hearing as at theevery least it will put an end to this long ol' wait!

Btw - With regards to claiming costs (should I win) If the judge asks why I I feel the claimant acted irresponsibly, will:

- Failing to acknowledge my email to them when I mentioned my wife being the driver and simply being pushed towards a debt collection company instead (a debt company that ignored my emails)
- The fact that they failed to adhere to the rules of a Letter Before Claim (breach of paragraph 6)
- The fact that they failed to submit their Witness statement on time (3 days late)
- Abuse of Process with the added charge of £60

Be enough?

Anything else I can add to get my costs?

Thanks
SG

Le_Kirk

Have you submitted a costs schedule (3 days before the hearing)? Don't forget to take proof of earnings such as a wage/salary slip.

Umkomaas

You don't need to show any unreasonableness to claim the standard costs awarded by the court if you win your case, viz:

Actual loss of earnings or £95 (whichever the lower) for half a day's work or loss of annual leave to attend the hearing. Take payslips as proof of earnings level.

Cost of public transport or 45p per mile from home to court and return.

Cost of car parking for the hearing.

Possibly a few pounds (£5-£10?) for printing postage etc, but often turned down by many Judges.

As Le Kirk points out, a cost schedule should be sent to all parties a couple of days prior to the hearing. If you've not yet done that, get an urgent email out now to the court, the claimant and their solicitors.

If you are looking for costs beyond the above for unreasonableness on the part of the PPC and their agents, it's an extremely high bar, and trying to itemise that with evidence is pretty much impossible just a day before the hearing. It's not something to simply vent to the Judge at the end of the hearing.

Coupon-mad

Send me a pm again if you want me to try to get there.

The_Deep

For some judges your reasons should be enough, others set the bar far too high.

When I sued a scallywag for sending me false information in a property purchase, causi me to spend 900 plus on surveys etc. despite said scallywag submitting a vexatious counter claim containing fictitious expenditure, the judge refused to award me unreasonable behaviour costs.

StubbornGoat

Le_Kirk wrote: »

Have you submitted a costs schedule (3 days before the hearing)? Don't forget to tale proof of earnings such as a wage/salary slip.

Yes, I did that on Friday. And have salary slip as proof of earnings.

Umkomaas wrote: »

You don't need to show any unreasonableness to claim the standard costs awarded by the court if you win your case, viz:

Actual loss of earnings or £95 (whichever the lower) for half a day's work or loss of annual leave to attend the hearing. Take payslips as proof of earnings level.

Cost of public transport or 45p per mile from home to court and return.

Cost of car parking for the hearing.

Possibly a few pounds (£5-£10?) for printing postage etc, but often turned down by many Judges.

As Le Kirk points out, a cost schedule should be sent to all parties a couple of days prior to the hearing. If you've not yet done that, get an urgent email out now to the court, the claimant and their solicitors.

If you are looking for costs beyond the above for unreasonableness on the part of the PPC and their agents, it's an extremely high bar, and trying to itemise that with evidence is pretty much impossible just a day before the hearing. It's not something to simply vent to the Judge at the end of the hearing.

I'm expecting to be laughed out of the room by the judge and the claimant as I have itemised a total of over $1.5k in costs (time spent reading letters, emails, code of conduct, case files, phone calls, time spent writing replies, appeals, WS, SA etc... ink, paper)... but have seperated these from "ordinary" costs (loss of earnings, mileage, parking) which at the very least I hope to get. I may get a slapped wrist for asking for so much.. but hey ho... If the claimant can take liberties with the scam they're running and coming at me for close to £300 I thought I'd give them a taste of their own medicine.. even if it is my downfall!

Coupon-mad wrote: »

Send me a pm again if you want me to try to get there.

Done. Thank you!

StubbornGoat

So I can add anothre to that list of unreasonable behaviour!...

I have just received an email from GS saying:

Dear X,



Please be advised we do not accept service of documents via e-mail pursuant to our signature and have not indicated as such once proceedings had been initiated.



Yours sincerely,

Their name (don't want him searching for his name on here)

Trainee Solicitor


That is hilarious. Unless I'm mistaken, they have now received my Skeleton Argument and Costs Application and they are going to say that they "never received my WS at all". However I BCC'd myself in the email and have proof of it arriving. Why they wouldn't accept documents via email... even though I have a reply from the court (which I am using as proof) saying that they submitted THEIR documents via email to the court is beyond me!

So they are saying they won't accept email... but they can email documents themselves?

As I said.. hilarious.

Also, I sent my Witness Statement to them via email over 2 weeks ago... They could have mentioned this "hidden in small print text" to me then, instead of saying so in reply to my skeleton argument and costs application (which I sent on Friday), at 4pm the day before the hearing and when it's too late to make the post for recorded one day delivery. Hopefully the judge will take my side in this.

waamo

StubbornGoat wrote: »

So I can add anothre to that list of unreasonable behaviour!...

I have just received an email from GS saying:

Dear X,



Please be advised we do not accept service of documents via e-mail pursuant to our signature and have not indicated as such once proceedings had been initiated.



Yours sincerely,

Their name (don't want him searching for his name on here)

Trainee Solicitor


That is hilarious. Unless I'm mistaken, they have now received my Skeleton Argument and Costs Application and they are going to say that they "never received my WS at all". However I BCC'd myself in the email and have proof of it arriving. Why they wouldn't accept documents via email... even though I have a reply from the court (which I am using as proof) saying that they submitted THEIR documents via email to the court is beyond me!

So they are saying they won't accept email... but they can email documents themselves?

As I said.. hilarious.

Also, I sent my Witness Statement to them via email over 2 weeks ago... They could have mentioned this "hidden in small print text" to me then, instead of saying so in reply to my skeleton argument and costs application (which I sent on Friday), at 4pm the day before the hearing and when it's too late to make the post for recorded one day delivery. Hopefully the judge will take my side in this.

They want to be awkward and make life difficult. Tell them the same. You don't accept service by email.

They are allowed to insist on postal service, as are you.

StubbornGoat

waamo wrote: »

They want to be awkward and make life difficult. Tell them the same. You don't accept service by email.

They are allowed to insist on postal service, as are you.

To be fair to them, they did post their Witness Statement, albeit a few days late. At the end of the day though, they could have pointed this out weeks ago - but like you said - they want to make life difficult.

I just feel I have got a taste of how they are going to behave tomorrow morning.