Gladstones and ccj

Ro551

Hi. As with thousands of us, my wife was subject to a pCM parking ticket After unsuccessfully contesting it, in April this year following several threatening Gladstones Solicitors letters, my wife paid the ticket. Im august, we received another threatning Gladstones letter. We called Gladstones and told them we had paid it. They wanted proof of it so same day we emailed them the proof (screenshot of bank transaction). Why they don't check their own records mystifies me. So...weve just been served with a "Judgement for Claimant (in default)" from Northamptonshire County Court. What that is I don't know but is this a CCJ? I have written to gladstones the following:
Our complaint:!


1. We have now received through the post a notice titled! 'Judgement for Claimant (In Default)' Claim No E8GF9V2R dated 17th October 2018 and for £270.62.


2. I am making this clear: This will not be paid. Our reasons are quite simple. This Parking Charge has already been paid via telephone using the number you listed on your communication on 4th April 2018.


3. At or around 17:18hrs on 7th August 2018 following another letter from you, i was present when my wife Gina Ross spoke to a member of your staff named "jack" when she informed him that the charge had already been paid months previously. He told us we would need to confirm that fact including any evidence by email to him. This was duly carried out the same day almost immediately after the telephone conversation and included in the email was a photograph attachment of the Lloyds Bank Transaction of £160 via bacs between my wife's account and Gladstones acount.!


4.! On Monday 22 October 2018 after numerous unsuccessful attempts to get through, I finally spoke to a member of your staff who's voice I instantly recognised and he confirmed his name as Jack. He had told me he never received the email from us which has led to the situation we are now in.


5. We still have copies of the email sent to jack in August and also have proof of my wife Gina paying the Parking Charge.!

I can confirm that the email sent to Jack was not returned to us "undelivered/unknown recipient"


6. My requests are as follows:!

You will need to inform the County Court in Northampton that the Claim was your error and should not have been issued to Gina Ross and also ensuring that there will not be any CCJ's recorded in my wife's name.!

Any costs relating to this are borne by yourselves.!


7. I have emailed you twice re the above and you have still not acknowledhe'd my complaint. The fact that you have not responded is an indication to me that you have no such intention in responding. Unless I receive acknowledgment of this complaint by 1700hours Monday 29th! October 2018 i will have no choice but to! take the matter further and also referring the matter to the Legal Ombudsman.


The way you have handled this case has clearly been far from satisfactory and the financial consequences for us a family are potentially damaging long-term.!

This can quite easily be resolved and expect nothing short of the remedies i have stated in para 6.!


I await your response!

What should I now do? I did what they wanted and paid up 6 months ago!! Any advice would be grstefully recejved as we've never had anything like this happen. Should we hire a solicitor to fight it as we thing we are 100% in the right and Gladstones would or should pick up the bill???

nosferatu1001

Stop with all the exclamations. Not professional.

You needed to warn them that, unless they confirm within THREE DAYS that they will be setting this aside, at THEIR cost, you will
1) File a set aside applciation to the court costing £255
2) Filing a costs application alongside it, requiring the fee to be paid back alongside your costs of attendance on the day - £95 (half days earning / leave loss, capped) AND will charge your time at £19 per hour for creating the defence, witness statement and filling the form.
As this is Gladstones at fault, you look forward to their confirmation on this.

The_Deep

Have you yet complained to their regulatory body?

http://www.sra.org.uk/home/home.page

It is highly unprofessional and I am sure that you could get substantial compensation for stress your time, expenses , etc.

The_Deep

nosferatu1001 wrote: »

Stop with all the exclamations. Not professional.

You needed to warn them that, unless they confirm within THREE DAYS that they will be setting this aside, at THEIR cost, you will
1) File a set aside applciation to the court costing £255
2) Filing a costs application alongside it, requiring the fee to be paid back alongside your costs of attendance on the day - £95 (half days earning / leave loss, capped) AND will charge your time at £19 per hour for creating the defence, witness statement and filling the form.
As this is Gladstones at fault, you look forward to their confirmation on this.

What about harassment, stress, loss of reputation, etc.

Ro551

Thanks nostferatu for the grammatical correction but not needed. The thread was copied and pasted from a message I sent to a friend on Instagram whichon pasting them on here the exclamation marks appeared. I am old, and my eyesight isn't great and have hands like shovels while trying to navigate throuhh lots of technological issues so please forgive any of my spelling issues. It will happen to yiu one day.
Re your reply, sorry...Couldn't understand much of that either. And in engrish?..

Coupon-mad

So...weve just been served with a "Judgement for Claimant (in default)" from Northamptonshire County Court. What that is I don't know but is this a CCJ?

Did you ignore a Claim Form and not acknowledge or defend it? Or was no Claim received?

Ro551

Not sure what you mean by 'claim form'. Please forgive me but this is all so complicated just by the glossary alone. It was 3 days ago we had this notice sent to us from the County Court. It looks like an automated CCJ. That's the first form we've had outside the usual threats from Gladstones. I made contact with the Northampton Court on the number they listed. In a nutshell, it's too late to stop and after a chat, they've sent me an application to have the judgement "set aside"...for a fee of £255. I am.royally p******d right off that we've already paI'd the parking bill 6 months ago and now we are facing this!! My question to everyone out there is still unanswered: should I get a solicitor and fight this in the hope that Gladstones will receive my legal costs as I have clearly done what I was legally instructed to do 6 whole bloody months ago

Coupon-mad

Not sure what you mean by 'claim form'.

Google images search shows you one.

If no Claim form arrived, then complain to the CCBC at Northampton, because they screwed some claim forms up on 13th September (they forgot or failed to post claim forms out at all, then issued Judgments in Default) so maybe it's happened again.

KeithP

Ro551 wrote: »

Not sure what you mean by 'claim form'.

This is what is meant by a Claim Form.

MCOL Claim Form image.

Have you seen a form like that - obviously it will be filled in.


Perhaps looking like this when complete:

Ro551

As stayed in my email to Gladstones, I have given them till 5pm Monday 29th to acknowledge and respond. I doubt they will because they are clearly above the law themselves. Once this deadline passes, I will be writing to the Law Socitey detailing my complaint. I have already written to my MP this evening. I am.just so frustrated by the whole debacle. We have paid the parking bill 6 whole months ago..what else do we have to do for heavens sake? If there are any solicitors with a conscience (now there's a novel thing) reading this and feel they can help me seek some justice and closure, identify yourself to me please for I have a half-decent and winnable case for you

Ro551

It is similar but to exactly the same. At the top left hand of the page it states in bold " Judgement for Claimant (in default) and in the top right hand side the claim No 'E8GF9V2R'
I find this site alone daunting and if I knew how, I would photo ours and upload it so you can see what we have received. I will try and upload a copy in the meantime