ESP/Gladstones claim form -164- 166 PLYMOUTH GROVE, MANCHESTER,M13. - **case closed, claimant did not submit paperwork on time.**

[yakky]

Okay thanks honeybee.

[dx100uk]

already pointed you to threads with the exact defence you need.

 

 

" no contract offered at the time so no monies can possibly be due"

 

if they havent responded to your CPR 31.14 request you add this

 

"the claimant has failed to show any authority from the landowner to enter into contracts with the public or to make civil claims in their own name. It is the defendants belief that the claimant has no locus standi"

[yakky]

already pointed you to threads with the exact defence you need.

 

 

" no contract offered at the time so no monies can possibly be due"

 

if they havent responded to your CPR 31.14 request you add this

 

"the claimant has failed to show any authority from the landowner to enter into contracts with the public or to make civil claims in their own name. It is the defendants belief that the claimant has no locus standi"

 

 

Thank you for your patience with me dx100uk. I am extremely grateful. I have just entered those two points in bullet points in the defence form.

 

I dont intend to make any counterclaim. Is that the correct thing to do in the next part.

[dx100uk]

you file it on the MCOL website nothing to do with the forms.

 

 

hence post 45/46!!

 

 

dx

[yakky]

Recieved the following email from gladstones:

 

We act for the Claimant and have notified the Court of our Client’s intention to proceed with the claim.

 

Please find attached a copy of our Client’s completed Directions Questionnaire, which will be filed with the court upon their request. You will note we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing

 

This request is sought simply because the matter is in our Client’s opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate.

 

You will note our Client has elected not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of cases. Notwithstanding this, our Client would be happy to listen to any genuine payment proposals that you wish to put forward.

[dx100uk]

if you go read other Gladdy's claimform threads

you'll see this is a std tactic and a std letter

 

 

you've not even got allocation [Form N180] yet FROM THE COURT.

 

 

but if you do then you object to the paper hearing.

[ericsbrother]

block their email,

you should have never used it in the first place.

All advice says LETTER ONLY.

 

the content is designed to spoof you as they are too lazy to do their job properly as it costs them money.

 

 

Make them work for it and lose their clients a small fortune and then they wont be too keen in the future to eblive the guff they are given by John and Will

 

Recieved the following email from gladstones:

 

We act for the Claimant and have notified the Court of our Client’s intention to proceed with the claim.

 

Please find attached a copy of our Client’s completed Directions Questionnaire, which will be filed with the court upon their request. You will note we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing

 

This request is sought simply because the matter is in our Client’s opinion relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate.

 

You will note our Client has elected not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of cases. Notwithstanding this, our Client would be happy to listen to any genuine payment proposals that you wish to put forward.

[yakky]

I have received the directions questionnaire. Been reading around the forum to help fill it in but want to confirm whether my answers are correct:

 

No to a mediation.

 

Yes to small claims track.

 

No to expert evidence.

 

1 Witness - myself.

 

about hearing dates - i am expecting my baby end of November so should i mention i am not available 2 weeks either side of my due date.

 

thanks in advance.

[dx100uk]

At least +/- 1mth

Rest is good to go

[BazzaS]

Why not 'yes' to mediation?

If they change their mind and decide to mediate : nothing lost.

If they don't change their mind and continue to decline mediation : it only makes them look more unreasonable (just because they feel it is "rarely beneficial in these cases" doesn't mean it wouldn't be in your case : they are applying a blanket approach).

However, there is no sanction against them in the small claims track for their refusal, but it might just get the judge more on your side ....

[yakky]

I assumed no to mediation as I am disputing the claim in entirety.

[dx100uk]

Yep

Nothing to mediate over

See Eric's posts re mediation on speculative invkices

[ericsbrother]

mediation useful if you are suing your builder for incomplete or substandard work and there is room for dispute as to what has actually been done and paid for.

In this case yu are flatly denying the claim in its entirety so mediaton not applicable. Nothing will be read into your ignoring this offer even if the other side says yes to it.

[yakky]

The above thread the case was closed as the claimant (gladstones/esp parking) did not submit their paperwork on time.