Court Papers received - draft abuse of process defence

MC12345

Gladstones contacted us today to ask if happy to discontinue the claim (Hearing tomorrow). They were told if they pay suitable amount for time spent on the case otherwise will go to hearing tomorrow and will need to copy us on discontinuance notice to court, they agreed. The have sent discontinue notice and we await payment from them.

Umkomaas

Did Gs agree to make a payment to you?  Not a common occurrence at all. I wonder why they did that?  Any ideas?

Coupon-mad

How much did they agree to pay - was it specified and specifically agreed?  Did you record the call?

MC12345

terms agreed in written email from them following conversation, waiting for payment to confirm they’re not trying to pull a swift one.

Coupon-mad

Woohoo - well done!  Wait till you are paid, then show us the email if it is not marked 'private/confidential' etc.

Were_Doomed

Coupon-mad said:

Woohoo - well done!  Wait till you are paid, then show us the email if it is not marked '..................................' etc.

They read this forum - don't give them ideas!  

Redx

Well done against Gladrags and HX car park management

I will assume that Another one bites the dust !!

MC12345

Coupon-mad said:

Woohoo - well done!  Wait till you are paid, then show us the email if it is not marked 'private/confidential' etc.

So they paid the same day, we don't know what it was that made them contact us the day before the hearing, we told them what we felt would be a suitable amount for them to pay and they said they would go and ask their client, they came back swiftly with the following email (below). It may have been the realisation that, they had failed to comply with court time requirements for submitting documents, the fact we had paid for a ticket on the day in question, a costs schedule that had 30 hours of prep detailed that we would be claiming for in unreasonable behaviour, even at £19 per hour it would have been substantial but we had added grounds for the judge to consider partners normal hourly rate under unreasonable behaviour grounds which would have whacked this amount right up.

The judge didn't receive the discontinuance notice until reviewing the papers at the time of the hearing so she called anyway, she was very pleasant and was impressed with the preparation that had gone into the case. Gladstones were not present on the call and they had said in their latest (late filed) Witness statement they may not be attending. They also filed a further late witness statement 2 days before the hearing disputing the cost elements alone, which leads us to think this was a worry about having the costs order made against them.

Who knows really, but to be fair not overly bothered. Thank-you to everyone for your help, it is very much appreciated, a nice little Christmas bonus.

Dear Miss xxxxxx

 Further to your telephone calls with my colleague yyyyy this afternoon, we confirm we will pay to you a sum of £230.00 in full and final settlement of your claim for costs incurred.

Upon payment being made we will proceed to discontinue the Claim and request the hearing listed for tomorrow be vacated.

 If you could please provide your bank details by return, we can make payment as soon as possible.

 Should you have any further queries, please don't hesitate to contact me directly.

 

Kind regards,

Redx

Brilliant !! Well done 😊👍

beamerguy

WOW, that is some story and well done.

It seems that everyone is writing books at the moment, now it's your turn ...

"HOW I MADE A SCAMMER PAY ME"