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Gladstone Solicitors - Pretending 'Code of Conduct' is a lawful reason to add on further charges?

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Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    nothing will stop them "carrying on! apart from a landowner complaint with cancellation

    by all means waste your time in replying as you wish , but if you do get your facts right, look clued up instead of copy and paste fiction or not enough research done, get your ducks in a row for any court claim by starting early with your defence , exhibits and WS plus summary costs order

    read other UKCPM and similar court case threads too, get up to speed, but do not think you can do better than Canute with the North Sea ""
  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    - but please can posters stop calling adding £60 'abuse of process' 

    But surely is is an abuse of process?
    You never know how far you can go until you go too far.
  • Coupon-mad
    Coupon-mad Posts: 162,305 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 28 August 2020 at 11:37PM
    It is but it's not a 'magic wand' phrase.  There is no need to give it a name.  Just say to any Judge that adding costs twice is unrecoverable and specifically unfair under the CRA 2015 (in fact the Guidance on the CRA 2015 specifically mentions unfair terms would include a term that attempts to charge the same costs twice). 

    There is no need to coin a phrase for it and this confuses newbies who just shout 'abuse of process!' then wonder why the Judge says ''no'' because they don't agree, but would listen if the D simply said:

    ''Sir, Madam, they have added the same costs twice.  All pre-court costs (which are minimal for an automated letters model) must be already within the PCN.   As well as this being spelt out in paras 98, 193 and 198 of ParkingEye v Beavis, in addition, the earlier ParkingEye v Somerfield case (that people need to use more) already covered this at High Court stage, let me take you to para 419 of HHJ Hegarty's decision that was upheld by the Court of Appeal''.

    Does the IPC's CoP hold any legal power in court? 
    Hahahahahahaha!


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  • D_P_Dance
    D_P_Dance Posts: 11,593 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Everything you say is correct, but,  because something "may confuse newbies"  it is not, (in my less than humble opinion),  an excuse to tell porkies. 
    You never know how far you can go until you go too far.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    111:   And, while the Code of Practice is not a contractual document,
  • Just reading this thread for the first time, I get the feeling that the OP is just trying to "bait" Gladstones and have a bit of fun at their expense. The trouble is, Gladstones will simply ignore what is sent to them, and thus it's time and effort wasted (barring the smugness that writing it may generate). And you have to remember, anything sent to them may end up in front of a judge, so writing legal nonsense and making ridiculous assertions may not go down well. Stick to the clear facts, keep it simple and straightforward, only communicate what it necessary when it is necessary.
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