horizon/gladstones windscreen PCN claimform -Bromborough croft retail park .***Claim Discontinued***

[honeybee13]

Hi.

 

What did the judge think you needed advice over please?

 

HB

[andy912]

????? Another date in march going back to court & I think they are trying to claim cost 

[honeybee13]

Do you have a thread about this? If not, start a new one about the court case and we'll help.

 

HB

[dx100uk]

stay here same issue..

[lookinforinfo]

You would have thought that it should be Gladstones getting legal advice...............................if they do they would be wise not to ask BW Legal.

[brassnecked]

They are obviously trying to ground a personal liability for the dissolved companies debt by seeking costs.  Costs for what though as their claim was kicked out.  Think they are trying to reinstate it by back door.  Need to be careful with this one, make sure fact no debt existed so no initial cause of action, their loss pursuing the case should not be recoverable, as surely they lost.

[andy912]

The company had no debt, it was just dissolved.

Why have I got to be careful for ?

[brassnecked]

Just remember these people are not honest brokers, they are trying something here, it should have been put to bed by the judge previously, as debt didn't exist, so why they are after costs is strange in my book.  Perhaps DX,  EB  and others will have some thoughts here.will have

[ericsbrother]

they are hoping that the judges words regarding the lack of an entity to sue give them the chance to try again by suing you as an individual having vicarious liability for the company.

 

Now this is a risky strategy on their part as it risks a big costs issue if they fail.

 

They also risk you suing them for breach of the DPA/GDPR for the unlawful processing of your personal data.

they will argue that a company has no personal data but that in itself will give them problems as they have lost a court case where that argument can be considered if you were minded to counterclaim that summons.

 

i think they may well just try resending the original invoices and hope that you are fed up enough to just pay up.

 

As a date has been given we will need to know exactly what has been said. 

you can ask for the traqnscript or recording of the hearing to be made available but it isnt an automatic right and may be costly as the courts only use certain peopel to write them up and they certainly charge!

 

What we dont want is for you to lose because you dont understand what it is you are fighting and we cant offer much at this stage because we dont know what it is either.

 

please explain everything even if it means writing a small book on your day out

[andy912]

Just received this by email

 

Without Prejudice Save as to Costs

 

Dear Sirs

 

Our client is willing to try and settle this matter without the need to attend Court and the further costs that would be associated with having to attend. 

 

We appreciate you are a litigant in person and may not therefore be as familiar with Court procedure.

 

Our Client proposes a 'drop hands' settlement, whereby both parties discontinue each of their Claims and walk away, bearing their own costs in the matter. In essence, our Client will end its proceedings against you if you choose not to proceed with a claim for costs.

 

 

If you need to discuss further please do not hesitate to contact us.

 

[dx100uk]

what did you claim or could in costs?

 

in a way you've won and you could agree and walk.

 

in another, they could be extremely frightened that you will win in court, esp on the data issue which they have lost on before, which can cost them dear,

 

not only from their costs side,

but also upon your costs

 

and ofcourse the effect their lost case will have upon to their other claims going forward against others that are obviously in the speculative roboclaim court system already for the same situation as yours.

 

I believe your situation is pretty unique though in terms of the vehicle ownership being via a now  defunct company.

[andy912]

I have replied to the email to agree for this matter to be closed & no further action.

I appreciate all the help thanks 

[dx100uk]

so they are going to issue a notice of discontinuance

even if you get one from the claimant or their dogs..

don't forget to give it a few days and check with the COURT too, they've pulled these disc'd stunts before!!

 

 

 

 

[brassnecked]

Its a known PPC trick as DX says for them to say not proceeding, then go for a default summary judgment.

[andy912]

Oh I will phone the court friday & see if it has been cancelled & if not I will explain to the court what they have sent me thanks for the advice tho 

[FTMDave]

Did the court confirm that the fleecers have discontinued?

[andy912]

The court has cancelled the hearing for another date to be confirmed due to covid19.

Plus I have received from the other party a notice of discontinuance, so I take it that when I spoke to the court they probably had not seen that notice.

[brassnecked]

keep that letter of Discontinuance, in case later on they forget and try again.

[andy912]

It was sent to me as an email.

[brassnecked]

Print and save, a copy and save the email in a couple of different places.  have the Court sent a letter stating this as well yet?  If not state you have the email to the court and ask them again.  Do ASAP, as the Courts might well be getting locked down soon.

[andy912]

I will phone courts again today, think with everything going on they are up the wall.

[Andyorch]

1 hour ago, brassnecked said:

Print and save, a copy and save the email in a couple of different places.  have the Court sent a letter stating this as well yet?  If not state you have the email to the court and ask them again.  Do ASAP, as the Courts might well be getting locked down soon.

 

 

The courts do not inform or serve notice of Discontinuance BN...its for the claimant to serve notice on the defendant (N279)

 

Andy

[brassnecked]

 Thanks Andy All the more reason to archive that e mailed notice then Gladdys often forget things like that

[andy912]

Just spoke to the courts they have said the case has been discontinued no further action 

[Andyorch]