Court claim letter received

AB0013

Le_Kirk said:

Take a photo (or better still a video) of you posting it through the letter box not the door!

Good idea! Yes I meant letter box (on the door)   Thanks Le Kirk

AB0013

Hi All, So just had a telephone hearing with Kingston Court & District Judge Hartley and surprise surprise Gladstones did not attend. She even emailed them before the hearing with no response and no instruction received for the case to be heard on papers. She advised that their claim was to be struck out for non attendance & failing to serve notice pursuant to BPR 27.9

I asked if we could discuss my claim for costs to which she agreed to look at. I explained the number of hours that had gone into fighting a claim such as this and the stress that it has caused; all as a result of the way that these companies operate and their behaviour when pursuing a claim. 

I made a point of referring to them currently being under investigation and also mentioned the IAS and links with the Gladstones Directors all pointing towards how Independent it actually is. She took everything onboard. 

After going through my statement she agreed that the court finding would be to award me litigant in person costs and witness expenses totalling £450 due to unreasonable behaviour by the claimant. 

Regarding the likelihood of an appeal does anyone have experience of this? I’m sure either way they will still be seen to be unreasonable and I can fight my case fully on each point : Questionable Contract / Poor Signage & Markings / Abuse of Process £60 Charges  / SAR Ignored / Jack Chapman Signature / IAS Gladstone Links /  

Thanks soooo much everyone!! This result is 100% down to you guys and gals and what you do here!!  Although very daunting to start with as a newbie I am so glad I stuck with it and can’t say THANK YOU enough!!!!    

beamerguy

Well done, brilliant result ...... £450, that's nice
In the end, you won the case in what you said to the judge

Difficult to make comments about Gladstones as their incompetence grows and grows.

Will they appeal ?   it will cost them and unreasonable behaviour will be the "sticky"

A most delightful win with £450 

D_P_Dance

Excellent result.  I love it when judges see sense, 

Coupon-mad

Haha - ANOTHER UKCPM ONE BITES THE DUST!

Unreasonable conduct costs at £450 as well - fantastic.  Well done! 

If they appeal this they'd struggle; if they didn't turn up and didn't file notice of their non-attendance in advance, then there are no grounds to say that the Judge erred.  But Gs usually do send a letter saying their client won't be attending.  Did you not get that?

AB0013

Coupon-mad said:

Haha - ANOTHER UKCPM ONE BITES THE DUST!

Unreasonable conduct costs at £450 as well - fantastic.  Well done! 

If they appeal this they'd struggle; if they didn't turn up and didn't file notice of their non-attendance in advance, then there are no grounds to say that the Judge erred.  But Gs usually do send a letter saying their client won't be attending.  Did you not get that?

Thank You!!! I couldn't have done it without you all  
The judge asked me the same question. All I received was the bundle and confirmation that it was filed with the court.  

beamerguy

Correct me if I'm wrong but I remember a particular legal saying members on this forum are worthless keyboard warriors ???

BIG MISTAKE

nosferatu1001

Wow they erred there

to Appeal would cost them £100 to apply, they'd need a transcript (maybe actually) and they'd have to explain why the appropriate sanction wasn't to have their claim struck. They'd been on a hiding to nothing I'd say

Well done!

Le_Kirk

Brilliant, well done AND costs and what costs - £450 that's great.

Umkomaas

Super result and thank you so much for feeding back your wonderful outcome. It's what keeps regulars motivated to carry on fighting the scourge that has blighted the country, becoming worse year on year, for over a decade.