Gladstones /court defence help

Coupon-mad

Has Dad submitted a thorough WS bundle himself?

If he doesn't, I'm afraid he'll almost definitely lose because they have submitted a WS bundle.  It is extremely worrying that he is not attending because he is already likely to lose, due to that.

So, has he filed and served a very strong WS and evidence?

Dane19

Coupon-mad said:

Has Dad submitted a thorough WS bundle himself?

If he doesn't, I'm afraid he'll almost definitely lose because they have submitted a WS bundle.  It is extremely worrying that he is not attending because he is already likely to lose, due to that.

So, has he filed and served a very strong WS and evidence?

Yes we did, they asked for this before a court date was given  We followed the guidelines on the Newbies. Exhibits , time stamped phots the statement at the end etc the whole pack. Few weeks ago I also it sent to the other party and I have to send it to the courts again according to their instruction.

The only thing I have not done yet is notify the other party that he will not be attending. Which I still have time to do.

Coupon-mad

I think do an email from him to the court and other party stating he cannot attend due to being abroad but if the hearing is vacated due to lack of judicial time he would attend a later one.  Remind the court that the Defendants non attendance is already known to the court (per email dated xx/xx/xx).

Anything unexpected or that needs a supplementary WS, that he wants to point out in their bundle?

B789

@Coupon-mad as the N180 was submitted over a year ago and it has taken this long to schedule a hearing date, is there no other way to get the hearing re-scheduled because of the unreasonable delay? Surely, if the delay is out of the Ds control no one can expect circumstances not to change that far ahead?

Dane19

Coupon-mad said:

I think do an email from him to the court and other party stating he cannot attend due to being abroad but if the hearing is vacated due to lack of judicial time he would attend a later one.  Remind the court that the Defendants non attendance is already known to the court (per email dated xx/xx/xx).

Anything unexpected or that needs a supplementary WS, that he wants to point out in their bundle?

Ok will do Thanks. Their WS seems standard, They have showed a picture template (not a photo ) of a sign of what should have been there but not what actually was, trying to prove that conditions were clear. Where as we are showing pictures from various Heights and angles proving it is not readable. 

They haven’t countered most of the arguments even though they had our WS in their possession. Could this be the reason for not attending knowing they will probably lose?

This seems to be their strongest point 


Shall I send the email immediately or shall I wait till the last week ?  don’t want Gladstones taking advantage and then turning up. Or it doesn’t work like that ?

Coupon-mad

B789 said:

@Coupon-mad as the N180 was submitted over a year ago and it has taken this long to schedule a hearing date, is there no other way to get the hearing re-scheduled because of the unreasonable delay? Surely, if the delay is out of the Ds control no one can expect circumstances not to change that far ahead?

Nope.

The D should have informed the court that they would be away between x and y dates.

Because the DQ dates had long since passed, to me it was obvious the D could not just sit on their hands knowing a court hearing would be listed and yet also knowing the dates they'd be abroad.  I'd have been all over it the minute I knew even approximate dates, to prevent this from happening.  I'd have crossed out entire months from availability with one email to the local court.

Too late now, we are where we are and the D will have to hope for a stroke of luck at the hearing, or a lack of Judge's time and a re-listing.  Unlikely...

Dane19

Too late now, we are where we are and the D will have to hope for a stroke of luck at the hearing, or a lack of Judge's time and a re-listing.  Unlikely...

Shouldn’t D be the one at an advantage here because the claimant is not attending as well?  Who does the judge swirl towards in this scenario.

Coupon-mad

They might send a rep, though.

Dane19

Hello All

Update on the outcome. Finally coming to nearly 2 years today was my dad’s case, Other party did not attend also the judge said their evidence that the signs were clear was a template they submitted and even that was not readable ( what a joke), Anyways case was dismissed. 

Thank you everyone we appreciate all the help and keep up the good work.

The only thing that annoys me is the judge asked him wether he wants to make a claim and he said yes, So she said you will have to go through the same process of what the other party did if they don’t pay (solicitor,court etc) so he left it. I thought they would at least have to pay the minimum for all the time wasting.  No penalising nothing no wonder they continue doing these scams.

It is really off putting , The effort put in to make a defence and everybody’s time including all yours going through all the stages doesn’t seem to be worth it for the sake of £60 specially when there is no penalty for the other party. 

Any ways it’s the principles that matter I hope.

Thank you All once again.

Le_Kirk

Dane19 said:

The only thing that annoys me is the judge asked him whether he wants to make a claim and he said yes, So she said you will have to go through the same process of what the other party did if they don’t pay (solicitor,court etc) so he left it. I thought they would at least have to pay the minimum for all the time wasting.  No penalising nothing no wonder they continue doing these scams.

Well done on the win.  Could the judge have perhaps asked about a claim for costs rather than just a claim?