WIN - Another Loss for Gladstones

jaycee31

@Le_Kirk.  I have literally had an email from Gladstones, with their response and submission for Monday.  My WS and evidence is nowhere to be seen.  It would appear they are trying to "hijack" MY court case, paid for by me, too argue their case for their client!!  The bloody cheek of it!

How do I turn this around?

Le_Kirk

I would contact them using that e-mail address and attach your documents and explain that "in line with the instructions from the *court/judge" please find attached my witness statement/defence/costs supplement/draft order* for onward transmission to the court.  I would also send them on the same e-mail to the court and explain why you are forced into doing this.

* Delete as required

jaycee31

@Le_Kirk.  Thanks for the advice.  I did come to a similar conclusion myself after I hit the button on this page earlier.  They have agreed that the CCJ should be set aside, but they have then gone on to state their own case as to why I should still pay their charge in full and no reimbursement of my court cost!!

jaycee31

Easy WIN!  Judge set aside the CCJ.  Gladstones were a no show and Minster Baywatch were unprepared and clueless.  It looked like a Gladstone's admin car crash.

Defence now being prepared within 21 days and small claims court in due course for the original "infringement".

Thanks to all the helpers and advice on this board.

Coupon-mad

jaycee31 said:

Easy WIN!  Judge set aside the CCJ.  Gladstones were a no show and Minster Baywatch were unprepared and clueless.  It looked like a Gladstone's admin car crash.

Defence now being prepared within 21 days and small claims court in due course for the original "infringement".

Thanks to all the helpers and advice on this board.

Brilliant stuff!  Were they ordered to pay your costs?

Don't just send a defence.  You need a 2nd WS as well, about the PCN defence, plus you must get up to speed with the new Code of Practice from the DLUHC. 

https://forums.moneysavingexpert.com/discussion/comment/79013061/#Comment_79013061

That thread explains why it matters even to existing cases and it's not even in the Template Defence yet because it's so new but it can be included in either your defence or WS. Adding false damages/costs has been declared 'extorting money from motorists'.

Read other set aside threads to understand why we tell people to do a WS and evidence now even though the Judge has only asked for your defence.

jaycee31

@Coupon-mad.  Yes they were ordered to pay my costs (although still awaiting it in writing just to be sure).

Thanks for this, I hadn’t appreciated that I needed another WS, so will do.  Obviously largely a duplication of the original but with a different emphasis.

D_P_Dance

The PPC has wasted your time, now consider wasting theirs, read this.

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

Fruitcake

D_P_Dance said:

The PPC has wasted your time, now consider wasting theirs, read this.

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

The OP hasn't got as far as having the original case heard yet.

jaycee31

@Coupon-mad Probably a daft question but in my new WS do I make any reference to the default judgment, CCJ, set aside application and outcome?  I’m assuming so, but only in maybe one brief paragraph.

KeithP

jaycee31 said:

@Coupon-mad Probably a daft question but in my new WS do I make any reference to the default judgment, CCJ, set aside application and outcome?  I’m assuming so, but only in maybe one brief paragraph.

You new Witness Statement is all about the underlying claim.
The set aside is history.