Gladstones Letter Before Claim

Redx

I doubt that its been made public by its author (the complainant)

ts6789

Ah okay I assumed it was public as others have referenced it in their WS/skeleton arguments.

I'm going to submit my skeleton argument and further evidence this week. Should I arrange it as a seperate file for the judge as I've already submitted my WS?

Redx

its referenced in this thread with the dropbox files

https://forums.moneysavingexpert.com/discussion/5923804/cpm-gladstones-court-claim&highlight=pol+1278102&page=3

just because the reference is there , doesnt mean its in the public domain, not whilst the complaint is ongoing

ts6789

What would you advise I submit as evidence other than copies of Jack Chapman's signature which bargepole uploaded?

ts6789

Sorry for the 101 questions but am I allowed to submit an updated schedule of costs? I already submitted one with my WS but can I submit an updated version (as I'll have to do more printing and have spent more hours on this) either with my skeleton argument or on the day?

KeithP

ts6789 wrote: »

Sorry for the 101 questions but am I allowed to submit an updated schedule of costs? I already submitted one with my WS but can I submit an updated version (as I'll have to do more printing and have spent more hours on this) either with my skeleton argument or on the day?

Yes you can. Best filed three days before the hearing and a copy sent to the Claimant of course.

But neither of those, printing or time spent preparing for the case, will have any effect unless you are considering going for the Claimant's unreasonable behaviour. I've not re-read the thread to see if that is the case.

Coupon-mad

ts6789 wrote: »

What would you advise I submit as evidence other than copies of Jack Chapman's signature which bargepole uploaded?

A scan of the WS Gladstones sent you (not the evidence, just their WS).

Part of the complaint is showing that everyone gets the same template WS written by Gladstones, not by Jack Chapman.

ts6789

But neither of those, printing or time spent preparing for the case, will have any effect unless you are considering going for the Claimant's unreasonable behaviour. I've not re-read the thread to see if that is the case.

I've included the section below in my skeleton argument. Is this enough?

CONDUCT

45. The Defendant’s conduct and defence was entirely with merit.

46. Due to the ‘robot-issued’ nature of the claim particulars, the Defendant was unnecessarily disadvantaged in regards to the pertinent facts and information of the claim.

47. The Claimant claims that their IPC AOS code of practice allows include an additional £60 however, the Defendant clearly indicated in their witness statement that this is against POFA 12 and the Consumer Rights Act! 2015 schedule 2.

48. The Defendant had no choice but to serve a fully comprehensive and inclusive defence in response to the claim and therefore should be used in determining the facts.

49. The Defendant’s view is that the witness statement is merely a ‘copy and paste’ exercise by the Claimant by reason that several paragraphs are not related to this case and propagates irrelevant points.

50. The Claimant seeks to apportion liability to the Defendant for not replying to their letters or identifying the driver, and suggests that this conduct caused the Claimant costs.

51. The Defendant has demonstrated to the Court that the Claimant has been wholly unreasonable. It is also argued that the conduct of the Claimant cannot be overlooked and has therefore put forward a statement of costs in accordance with CPR 27.14(g) for consideration by the Court.

52. The Defendant would like to ask that the case is dismissed with no relief from sanctions and that my full costs are granted on the indemnity basis, including (as well as my ordinary costs for attendance) my hours of time at the Litigant in Person rate (£19 per hour for 3 hours spent in extensive research, reading reams of cut & paste template Gladstones paperwork and preparing my own documents and evidence).

A scan of the WS Gladstones sent you (not the evidence, just their WS).

Part of the complaint is showing that everyone gets the same template WS written by Gladstones, not by Jack Chapman.

Have included! I'm gonna send off my skeleton argument tomorrow and then I think I'm ready to go! Will take a copy of my payslip and relevant recents/evidence of me sending documents to Gladstones. Anything else I need for the hearing?

ts6789

WE WON!!

Neither UK CMP or Gladstones turned up. So it was just me. Judge focused on the issue of the unclear signs and that there were two from different companies opposite eachother. No breach of contract as signs werent sufficiently clear. It took only 30 minutes (maybe less).

He awarded me costs for loss incurred from leave and travel but not for unreasonable behaviour. I got a bit flustered and didn't put the case forward for that very well but a wins a win!

Thank you to everyone for their advice and help!!

The_Deep

They have wasted your time, now waste some of theirs. Invoice them at £19 an hour for your time. When they ignore send them a letter before claim. You have up to six years to lodge a claim.

https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/making-a-small-claim/