Claim form horizon/Gladstones

Car1980

Just be aware that it is not unknown for scum solicitors to send their WS to the court, but not the defendant in order to tease out a settlement when they next ring you ("oh yes, we have served you a witness statement and one to the judge, so the hearing will be going ahead. To avoid that we are willing to offer you this last chance payment…"

You may wish to wait until the 4th to see if they paid the fee since that is a clearer matter of record and then you'll have all your ducks in a row and then can write to the judge with multiple incidences of unreasonable behaviour.

Unfortunately the whole thing is very archaic and opaque and needs seriously modernising.

Jitterywreck

Thanks both! I did wonder if that may be the case (which is still against the court instruction), I have the automatic replies and evidence that my WS was sent to them and the court Well within the time frame. It's just headwork for the sake !

Gr1pr

Claimants and Gladstones deliberately dont attend for that exact reason, ( can't be cross examined )

The claimant may send a jobbing advocate

You can raise the late WS as a preliminary matter to the judge, at the start of the hearing

Jitterywreck

They are claiming that the late submission is my fault as I used a generic defence (sourced online) and that therefore they did not have sufficient time when they had my WS to complete their response ? I had nothing from them to build my WS, feeling really worked up and anxious about this now (they claim I submitted my defence on the 27th but in fact it was sent on the evening of the 26th! So already that is inaccurate!) But blaming me for their late submission 😱

Car1980

Don't worry. Gladstones are notoriously aggressive and 99% of what you have will be their usual template where they hypocritically accuse you of using a template within their own template.

If they're late they're late and there is no excuse. Blaming the defendant is a pitiful thing to try and put in front of a judge by a supposed professional solicitor.

First thing to do at the hearing is to ask the judge that their WS be inadmissible and by their own admission they are unable to follow a simple order from the court.

Gr1pr

What they claim about your submissions is irrelevant, its for the judge to decide the outcome, including if late submission makes their WS inadmissable in court, or not

They don't work for you so are bound to try to persuade you and the court that you are at fault, the blame game !

Frankly , its all smoke and mirrors, you both had the same court order and deadlines

Don't get taken in by weasel words

Car1980

They then state I blatantly filed late to prevent them filing on time!?

That's quite a serious assertion. They have signed a statement of truth and that is a contemptuous submission.

Unfortunately every judge is different, so some won't even discuss these matters whilst others will be happy to have a conversation about such things. But keep some separate notes on the whole subject.

When they submit barefaced lies it's not fair on their advocates, who we've seen squirming as they've been given crap from Gladstones.

Jame4ters

https://forums.moneysavingexpert.com/discussion/comment/82091523#Comment_82091523

I know it’s not easy but try to remain focused and ignore Gladstones’ behaviour as it is unreasonable in most people’s eyes.

They use the “template” comment on a regular basis but it’s all with the sole aim of you caving and paying them

Coupon-mad

None of this matters to a judge. Relax! 🙂

Jitterywreck

Adjourned 🤦‍♀️ they wanted to switch to video but I stood my ground over an in person hearing so the wait continues