DEAL/CEL/Shwarts Court Claim - Won

[bluetoffee1878]

Hi All,
I'm new on here but have been posting on MSE and Pepipoo for a while now.

im helping a friend with a claim from DEAL identical to recent posts on here.

I'm up to the point where I'm about to send in the witness statement and skeleton argument which I may tweak having read some posts on here.

We have a court date set and have followed the procedure so far without too many problems.

still not had DQ from DEAL and have complained to the court (twice) still waiting for 2nd response from court.

my question is; when I send the witness statement and skeleton argument do I have to also send the evidence bundle with all the photos and case law etc?

thanks for reading and good luck to all with similar claims

[mystery1]

Re: DEAL/CEL/Shwarts Court Claim

You don't really need to send case law but you might as well if you've bundled it. The Judge may read them beforehand which would help you. Photos etc are a must.

Skeleton doesn't need 14 days either but if you're done no reason why not. Might want to give deal less time on that (4/5 days maybe)

M1

[bluetoffee1878]

Re: DEAL/CEL/Shwarts Court Claim

Thanks M1 I appreciate your time in reading and replying.

I have been considering another letter to DEAL and the court as a result of the Notice of Allocation to the small claims track (Hearing) offering to revert to the parking industry ADR (POPLA).

This would be in an attempt to negotiate settlement without a hearing as encouraged by the court. I'm pretty sure they won't accept or even acknowledge this but it would show reasonableness on our part.

Any thoughts?

[mystery1]

Re: DEAL/CEL/Shwarts Court Claim

Works for me.

M1

[ericsbrother]

Re: DEAL/CEL/Shwarts Court Claim

I would just go with the court process, DEAL havent turned up once yet and they will find it very difficult to do so without risking arrest or gaoling for contempt. I will explain in a couple of weeks time when a test case has been considered (see parking prankster's blog for more info)

[ericsbrother]

Re: DEAL/CEL/Shwarts Court Claim

in the meanwhile demand to see sight of the contract between the originators of this claim (CEL) and the landlord. It doesnt exist and that is one of the reasons the test case is important. Just play along as far as you can so you dont misss deadlines and this will force them to pay the allocation fee. They are very unlikely to.

[mystery1]

Re: DEAL/CEL/Shwarts Court Claim

http://www.legalbeagles.info/forums/...ement-of-truth

A letter/email to see if your local court is interested in stopping claimants take the mick out of them.

M1

[bluetoffee1878]

Re: DEAL/CEL/Shwarts Court Claim

Quick update:
still no DQ from DEAL having now written to the court on 3 occasions, the last time including evidence from the prankster regarding identical claims being struck out

Also phoned court re non payment of hearing fee, the court issued an order that they must pay or it gets struck out. Will find out tomorrow. Still had to send all the witness statement etc in though to meet the court deadline.

hopefully nearly at an end apart from my claim for costs

[bluetoffee1878]

Re: DEAL/CEL/Shwarts Court Claim

DEAL waited until the last minute and paid the hearing fee which was a bit of a surprise as the court originally told us that they had not and the claim was struck out.

So we turned up at court today well prepared for our hearing. When we spoke with the court usher he told us the claim was settled. First we knew.

He called another person down who showed us an email that DEAL sent to the court the day before (not to us though) stating that they were discontinuing the claim. Also this was the 2nd discontinued claim that day.

So DEAL ran it to the wire and failed to comply pretty much with everything required of them. Shouldn't be surprised really.

So anybody in the same situation please stick to your guns and follow it through. Also this was in Liverpool where they or CEL have been known to put in an appearance, but obviously thought better of it on this occaision.

[mystery1]

Re: DEAL/CEL/Shwarts Court Claim

I trust you'll be asking for costs ?

M1

[bluetoffee1878]

Re: DEAL/CEL/Shwarts Court Claim - Won

It's finally over. After a bit of faffing about with the court, and sending in a schedule of costs with help from Mystery 1's costs template letter we now have an order from the court.

The court have ordered DEAL to pay £201.56 so a pretty good result all round.

[DirtySmurf]

Re: DEAL/CEL/Shwarts Court Claim - Won

Always nice to see someone being charged.... when they were trying to charge you