UKCPM Gladestones letter

Umkomaas

Amount claimed: 174.50
Court fee: 25
Legal rep fees: 50
Total: 249.50

As the claimant is unlikely to accept a lower offer, and there's no additional cost risk than the above in defending this in court, then it's a no brainer not to defend. In fact, even if you lost in court, within that £174.50 is an amount (probably £60) that they should not be claiming and should be disallowed by the Judge. It may even cause the Judge to dismiss the entire claim on the basis of 'Abuse of Process', provided you can somehow build this in to your Witness Statement (although it would have been better in your Defence).

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

Joker99

Are you really saying that you didn't keep a copy of the Defence that you filed with the County Court Business Centre? Yes or no.

I do not, I naively hand wrote it in a state of fluster/frustration. I will get onto getting them to email it back over to me. Thanks for your assistance.

It may even cause the Judge to dismiss the entire claim on the basis of 'Abuse of Process', provided you can somehow build this in to your Witness Statement (although it would have been better in your Defence)

Thank you for this information I have read through that guide and it looks good if it applies. How would I go about creating a witness statement for this? Are there any threads/guides?

Is this my best option to go to court? I have heard that they may make me pay for court fees etc is this a scare tactic?

Thanks,

Le_Kirk

Joker99 wrote: »

I reiterated my defence from before

If you mentioned anywhere in your defence about excess or additional charges, you have a chance at putting the Abuse of Process in your Witness Statement (WS), otherwise, the claimant will claim they are being ambushed if they see it for the first time in the WS. If you can remember what you put or, as advised by KeithP above, manage to get a copy from CCBC it might be possible to weave it in!

There are WS examples in NEWBIE sticky post # 2 or just use the forum search function for some recent ones.

Umkomaas

I have heard that they may make me pay for court fees etc is this a scare tactic?

You will have to pay the court fees of £25 plus £50 solicitor costs if you lose, whether you attend court or not. Not attending court all but guarantees you losing.

Joker99

Thanks, everyone for this. I have just been informed when trying to rent a new property that this CCJ has already been named for me?

I thought this wasn't applicable under this statement:

You do not get a CCJ even if you lose; as long as you pay within 30 days of judgment it's all sorted and nothing stays on the register (i.e. your credit record). No 'risk' as long as you don't miss court deadlines, you may as well defend and fight.

However they have been mailing my previous address. However they have also been mailing my parents address which is where I've been replying to the mail.

Could this be that they have sent everything to my old address?

Thanks,

beamerguy

The statement you quote above is applicable if you attended court, you lost and the judge ordered a time period to pay. If paid in the time period there would be no CCJ

The court would have sent notice of this by post giving you the opportunity to pay ......... what have you had ?

waamo

Joker99 wrote: »

Thanks, everyone for this. I have just been informed when trying to rent a new property that this CCJ has already been named for me?

I thought this wasn't applicable under this statement:



However they have been mailing my previous address. However they have also been mailing my parents address which is where I've been replying to the mail.

Could this be that they have sent everything to my old address?

Thanks,

The court will send mail to one address and one address only and that is the one listed on the claim form.