Please help!Letter from Newlyn

Coupon-mad

I think she should email the court to say she knew nothing about this hearing.  Saying the following:

This cannot be just.  This is a formal complaint into the court's handing of a late application that was unilaterally handed to the Claimant in discussions behind the Defendant's back.

She has no idea which phone number Gladstones supplied for her (would not have been in their interests to supply the right number - so the Court is required to say, what did they supply as her number?) and - just as bad - she has no idea which address the court managed to use for any notification about the November hearing.

No post arrived from the Court. No phone rang, no missed calls on the mobile the court already held for her first hearing.

The Defendant suspects the court mismanaged the Claimant's late application and the hearing, presumably using her old address that they already knew (from the CCJ set aside hearing) was wrong and instead of using the phone number they already had from that earlier hearing, they used something else supplied by the other side.

Under her SAR rights she wants to see the Orders and Directions since May 2021 and where they were sent as well as the data source of the phone number they tried to ring her on and what that number was.  If indeed it was supplied by email from Gladstones, she wants to see that email or statement.

She also wants this lodged as a formal complaint and an explanation from the Court Manager as to how a Defendant LiP can be left in the dark like this about a hearing that has now caused her to go into debt because she did not have £215 in savings but has paid it back in good faith.  She wants a reply within 14 days and the SAR within 30 days (under GDPR) and she wants to know what the court are going to do about it to right the wrong.

Trainerman

Have been watching this from the sidelines and gobsmacked by what happened. So, glad to read @Coupon-mad has an idea of how to progress. Good luck OP

nikkietoni

Thanks @Coupon-mad. We have been waiting to hear back from her phone company as asked them for her phone log for November. Unfortunately they cannot do this and she can only get a recent call record. But if she had known the court may  call she would have made herself available of course. So will do what you advised thankyou 

nikkietoni

HI coupon mad/anyone else

 does this sound okay to send...?

 

Dear Sirs

 

FORMAL COMPLAINT

 

I want this logged please as a formal complaint as this cannot be just and proper or legal. I had no notification of a Court Hearing apparently going ahead on 22nd November 2021 with Gladstones as the Claimant representing Horizon Parking Company. Therefore, I was unable to defend myself.

This is a formal complaint into the Court's handling of a late application that was unilaterally handed to the Claimant seemingly in discussions behind myself, the Defendant's back.

I have no idea which phone number Gladstones supplied to the Court stating it was mine. As it would not have been in Gladstones interests to supply the correct phone number  I require the Court to advise me what phone number did Gladstones supply as my contact  number? 

Also I have no idea which address the Court managed to use for any notification about an apparent hearing on 22nd November 2021 as I received no notification.

As I did not receive any details of a Court Hearing I would not have answered my phone to an unknown phone number anyway but as it was I had no missed calls that day and my type of work precludes that I cannot answer my phone whilst working anyway. Obviously had I known about the Court Hearing I would have made arrangements to enable me to reply if it was the correct phone number…… to defend myself.I have asked my telephone provider for a log of calls received on 22nd November  as my phone does not hold call numbers for more than a few days. But I check calls every day and there were no missed phone calls that day that I recall. 

 So as no post arrived from the Court to my address and no phone rang, no missed calls on the mobile number the court already held for my first Court Hearing regarding the CCJ.

Myself, the Defendant, suspects the Court mismanaged the Claimant's late application and the hearing, presumably using maybe my old address that they already knew (from the CCJ set aside hearing) was incorrect. Also instead of using the phone number they already had from that earlier hearing, they used something else supplied by the other side?

Under my SAR rights I would require and want  to see the Orders and Directions since May 2021 and where they were sent as well as the data source of the phone number the Court tried to ring me on and what that number was.  If indeed it was supplied by email from Gladstones, and I also require  to see that email or statement.

As I  want this logged as a formal complaint and to also have an explanation from the Court Manager as to how a Defendant  can be left in the dark like this about a Court Hearing that has now caused me to go into debt (because I did not have £215 in savings but have paid it back in good faith however). This was paid to Gladstones via bank transfer on 29th December 2021. I would want and request a reply within 14 days and the SAR within 30 days (under GDPR) and also I require to know what the Court are going to do about it to right the wrong?

KeithP

As you can see I had no knowledge of any of this and had not heard from Gladstone’s once they paid me the £215 in  (not stating at all that they were unhappy about this or putting “Without Prejudice” on the letter or challenging it) until I received a frantic letter from Gladstone’s (and although dated 15thNovember I received this letter about two weeks after that date the 29thNovember)  asking for a contact telephone number “for attendance to a hearing as we currently do not hold one for you on our file and we are ordered to provide the court with details of the attendees no later than Wednesday  the 17thNovember 2021” as and when I was able to understand the correspondence as not being legally minded I was at a loss to what all this meant and I realised then that Gladstone’s were taking ME to Court to overturn the £215 they paid me which had been  ruled by the Court that I could have this refunded from them as they caused me to have a CCJ against my name through no fault of my own but because of their incompetence.

That's one hell of a long sentence.

go-on-then

Gladstones   not  Gladstone's.

Sorry,   but that is very waffly.   Now that you have it all down,  maybe go back through it and put it in shorter,  to the point sentences.

go-on-then

Look at the length and wording of Coupon Mad's post about this on the 29th of December to yours.

nikkietoni

Yes I see what you mean. I Will do it all again . Thanks 

nikkietoni

Re-done with less waffle…?

FORMAL COMPLAINT

 

I want this logged please as a formal complaint as this cannot be just and proper or legal. I had no notification of a Court Hearing apparently going ahead on 22nd November 2021 with Gladstones as the Claimant representing Horizon Parking Company. Therefore, I was unable to defend myself.

This is a formal complaint into the Court's handling of a late application that was unilaterally handed to the Claimant seemingly in discussions behind myself, the Defendant's back.

I have no idea which phone number Gladstones supplied to the Court stating it was mine. As it would not have been in Gladstones interests to supply the correct phone number  I require the Court to advise me what phone number did Gladstones supply as my contact  number? 

Also I have no idea which address the Court managed to use for any notification about an apparent hearing on 22nd November 2021 as I received no notification.

As I did not receive any details of a Court Hearing I would not have answered my phone to an unknown phone number anyway but as it was I had no missed calls that day and my type of work precludes that I cannot answer my phone whilst working anyway. Obviously had I known about the Court Hearing I would have made arrangements to enable me to reply if it was the correct phone number…… to defend myself.I have asked my telephone provider for a log of calls received on 22nd November  as my phone does not hold call numbers for more than a few days. But I check calls every day and there were no missed phone calls that day that I recall. 

 So as no post arrived from the Court to my address and no phone rang, no missed calls on the mobile number the court already held for my first Court Hearing regarding the CCJ.

Myself, the Defendant, suspects the Court mismanaged the Claimant's late application and the hearing, presumably using maybe my old address that they already knew (from the CCJ set aside hearing) was incorrect. Also instead of using the phone number they already had from that earlier hearing, they used something else supplied by the other side?

Under my SAR rights I would require and want  to see the Orders and Directions since May 2021 and where they were sent as well as the data source of the phone number the Court tried to ring me on and what that number was.  If indeed it was supplied by email from Gladstones, and I also require  to see that email or statement.

As I  want this logged as a formal complaint and to also have an explanation from the Court Manager as to how a Defendant  can be left in the dark like this about a Court Hearing that has now caused me to go into debt (because I did not have £215 in savings but have paid it back in good faith however). This was paid to Gladstones via bank transfer on 29th December 2021. I would want and request a reply within 14 days and the SAR within 30 days (under GDPR) and also I require to know what the Court are going to do about it to right the wrong?

Le_Kirk

I would be more polite at the beginning and say "I would like..."

So as no As no post arrived from the Court to my address, and no phone rang, and there were no missed calls on the mobile number the court already held for my first Court Hearing regarding the CCJ, Myself, the Defendant, suspects I suspect the Court mismanaged the Claimant's late application and the hearing, presumably using maybe my old address that they already knew (from the CCJ set aside hearing) was incorrect. Also, instead of using the phone number they already had from that earlier hearing, they used something else supplied by the other side?.

You cannot start a sentence with a conjunction (and conditional one at that) and then fail to say what happened as a result of the condition, maybe better as above.  The final sentence repeats what you wrote in paragraphs 3 & 4.