Judgement for Claim (in defalult) - PCM & Gladstones

MORB · 6 April 2018 at 4:43PM

Will do.

Will I now receive something in the post? Also, do I request that the court send me a copy of the letter Gladstones have sent?

Coupon-mad · 6 April 2018 at 6:26PM

Yes you should receive the Order confirming that the CCJ is set aside.

If you want to see the letter G's sent to the court, write (email in fact) to ask G's for a copy, telling them your application to set aside was successful and that you now hold their client liable for your costs which you will pursue, and attach a provisional costs schedule and give them a date to pay it by, should their client now waste your time even more, by not proceeding with the claim or discontinuing.

You want to lay down markers to be able to get that £255 back, IMHO.

MORB · 9 April 2018 at 1:10AM

Ok, perfect. I'll get on to that.

I've seen a very detailed cost schedule on another thread that resulted in £1500 awarded (which was fantastic!) should I use that as my template?

MORB · 9 April 2018 at 3:59PM

@coupon - I came across your costs schedule: !!!!!!/couponcostschedule would that be sufficient or should I send LoC's very detailed cost application doc?

I'm conscious of wanting to go back at them with the correct force.
When I mentioned costs at the set aside hearing the DJ seemed to only think in terms of the costs Gladstones were seeking. I explained I was concerned about the prospect of discontinuance and being out of pocket to the tune of £255 but he did not reverse his initial posit hat he would not include an order to reserve costs "at this point".

I don't want to appear impudent, given my case isn't as clear cut as others, but would like my £255 back if there are still grounds to claim them.

Coupon-mad · 9 April 2018 at 4:50PM

I would send a more straightforward costs schedule and a LBC with it, giving them 14 days to pay, and saying that if they now discontinue, you will:

- revert to the Judge to show the unreasonableness of the conduct and request again, that order for costs that was discussed at the earlier hearing

or in the alternative:

- should the Judge not grant the £255 back for whatever reason, you will file a claim for that lost court fee and attendance costs for the earlier hearing, caused wholly by their client's own meritless claim and unreasonable conduct.

State that if their client wishes to continue with the claim they must send you their Particulars of Claim along with all evidence, signs, paperwork and photographs they will rely upon, in the interests of complying with the PAP for debt claims that they ignored, in the first instance. And you give them 14 days to provide that evidence and declare if their client will be proceeding or conceding/discontinuing the claim.

MORB · 10 April 2018 at 4:13PM

Is it perfectly legitimate to send via email? Should I copy in the enquiries email address at the county court so they also have an independent record of it being sent?

Also where they failed to serve me the letter the DJ referred and was thumbing through at the hearing, is this a breach of protocol they are required to follow?

I was think I could send this and see what came back before I sent the LBC:

To whom it may concern,

As Gladstones will be aware,!my application!relating to claim xxxxxxxx at a hearing on!6/4/18 for the!judgement to be set aside!was successful.

It was established during the hearing that Gladstones had submittted a letter in lieu of sending a representative to attend the same. This letter was not served to me despite this being a clear breach of a protocol you are no doubt very familiar, and should have complied with.!

I am no longer at the my previous address (xxxxxxxxxx) and have now relocated to xxxxxxxxx. Please will you retrospectively send me the letter referred to by the District judge at the hearing on 6/4/18 to my new address?

My new address is:XXXXXXX

Any further correspondence sent to my previous UK address cannot be considered served.

Kind regards.
__________

What do you think ?

P.S - new address is not in the UK should that be pertinent.

KeithP · 10 April 2018 at 4:23PM

Replace To whom it may concern with Dear Sirs.

Replace Kind regards with Yours faithfully.

nosferatu1001 · 10 April 2018 at 4:28PM

ASk for the exact detail that C-M told you to ask for..

MORB · 11 April 2018 at 5:20PM

Ok - And sending this via email is no issue? Could they not deny receipt when sent via this method?

KeithP · 11 April 2018 at 5:24PM

How can they? You will have proof.

Put yourself on the .cc list and it is extremely unlikely, on the balance of probabilities, that it would be received at one email address but not at another.

Judgement for Claim (in defalult) - PCM & Gladstones

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