my draft defence Gladstones - PCM Court action

Coupon-mad wrote: »

Can you tell us more, what exactly did they try to say, and what was misleading, and what did you say, and what did the Judge say? Blow by blow please, it will really help others.

Went to court on time met the advocate which had other cases and told me she is dealing with Gladstones cases in the area.

She asked me if WS arrived to me I told her no so asked me is my email is correct I told her yes but I didn't receive any WS from Gladstones & I'm rejecting all the evidences with her. she asked me about my WS as she didn't get it, I told her I sent to Gladstones & I have a proof of sending, I was talking about 2nd WS.

Waiting for an hour & half then Judge called us.

The judge gave her 10 mins to talk and she repeated what was in set aside application & tried to mislead the court about the court fees was paid and saying 1st court order for struck out was wrong and asked to set aside it as well.

The judge picked up the points from my WS and told her you asked for 2nd costs court order to set aside only and she replied the 1st one mentioned but the judge said mentioned doesn't mean you are asking for.

Then the judge gave me 10 min. so I started by saying they didn't provide any proof if the payment made or why the court didn't take the fees from BPA account mentioned there are two reasons for that, the account no. was wrong or no enough credit in the account and the C didn't notice that for 50 days before the case struck out.

Then I talked about the C reason for set aside is not good reason & I read Denton & Mitchell case para 41 and said the C had 4 days before the court hearing to respond.

Then I said if the C asked only for 2nd costs order to be set aside not the 1st struck out order the C confessed there was no case from beginning and he want only to waste my time & efforts after the costs penalty he got for his unreasonable behave.

Also I talked about I never received the C WS and he breached of CPR PD 6A, 4.1 & 4.2 for documents electronic service asked the C to provide a proof of my consent to accept electronic service.

also I went through all the points in my WS.

The judge asked us to leave giving the advocate 10 min. to provide proof of payment or proof that was a court errors and any other proof.

We went in again and she provide another email with the same BPA account no. for another case hearing next day saying the account no. was correct and the court accept the hearing & I replied saying a lot of court hearing started and found the fees was not paid and that is not a proof the C account had a credit at the time for my case.

The judge asked us to leave again to take his decision and called us back after 10 min. The judge started that he applied Denton tests on the case and the case failed on all 3 tests so the set aside case dismissed and he is not going to deal with the new costs application or any other costs.

The advocate stood up and repeated the same thing but the judge shut up her by saying there is no need to repeat. so she asked for permission to appeal which he refused

The judge gave me 2 mins so I asked to consider my costs application as the C behaved unreasonably by submitting fake documents and start his application while he knew it will fail trying to waste my time & efforts and I asked for loss of earning & travel expenses but he refused.

The advocate ran away quickly out of the room.

Coupon-mad wrote: »

What's happening about your other case which had a set aside wrongly refused? You are still suffering a CCJ on your file!

Yes CCJ still in my file and I'm waiting for the court to allocated an appeal hearing

Coupon-mad wrote: »

when will you get your £1500 costs cheque?!

I don't know but I'll wait for 14 days from the court order letter date then will ask the court if PCM / Gladstones appeal or not and if not I'll take the next step as advised earlier here.

Regards