Please Help - not sure what to do next

[nemesis45]

Re: Please Help - not sure what to do next

Good evening

I sent an email to court stating that I could not answer "yes" to all the statements.

It was my understanding that if this was the case then mediation would not take place.. especially as the statement I am referring to is the one about not receiving all the documents etc

Surely to enable me to be able to state my case, defend myself or negotiate I need the documents that I requested (that is cpr31.14 etc etc)

So I am wondering what next?

Do I simply wait till the day of the phonecall/mediation and tell them once again that I have not received the documents?

Surely they cannot force this, as Nem said it would be unfair and the debt is unenforceable without the agreement etc?

Any thoughts once again appreciated

Pancho xx

Morning Pancho,

The e-mail should go to HMCTS Small Claims Mediation Service not the court.

nem

[Pancho79]

Re: Please Help - not sure what to do next

Hello Nem it went to "scmreferrals" which is the email address given on the hard copy letter that had the mediation appointment time and date on

[Pancho79]

Re: Please Help - not sure what to do next

Good morning folks,,

this weather eh... :tinysmile_cry_t:

Anyway...just wondering what I should do re all this mediation business etc?

Should I just wait for my telephone appointment and tell them on the day that I did not receive the docments requested (cpr31.14, copy of credit agreement etc etc)

or

Do I email again and be more specific instead of simply saying I could not say "Yes to all statements on mediation letter" should I be emailing and saying... I have still not received the documents eg credit agreement... cpr31.14 etc etc?

Any thoughts would once again be really appreciated.

Thankyou x

[Stu]

Re: Please Help - not sure what to do next

Wait for the call then tell her that the relevant paperwork has not been supplied she will advise you that mediation in not possible ...

[nemesis45]

Re: Please Help - not sure what to do next

You need to tell the mediation service 7 days before the appointment this service is hard pressed at the best of times and a wasted appointment deprives someone else of an appointment.

nem

- - - Updated - - -

You need to tell the mediation service 7 days before the appointment this service is hard pressed at the best of times and a wasted appointment deprives someone else of an appointment.

nem

[Pancho79]

Re: Please Help - not sure what to do next

I hear what you are saying. I did email them but they still emailed me back saying the appointment was to still go ahead.
so in that case I'll telephone them and tell them I've not recieved documents.
Thankyou for responding.
Pancho x

[Pancho79]

Re: Please Help - not sure what to do next

Good morning
I'm doing this on phone before work...apologies ahead 9f time for typo's etc
I've tried ringing mediation but it just rings and rings. I can't be phoning from work.
advice needed please....
I have a phonecall scheduled for mediation next week. But I've still to receive documents that requested cpr31.14 etc etc
I obviously can't negotiate fairly without these documents. I really feel after reading other threads and advice I've been given that the mediation would or could not go ahead without me having all relevant documents.
So I'll try ringing when I'm not in work but I want to write email too.
any advice on what I should say in this email????
I don't want to write a long winded affair...
Thanks in advance xx

[nemesis45]

Re: Please Help - not sure what to do next

Good morning
I'm doing this on phone before work...apologies ahead 9f time for typo's etc
I've tried ringing mediation but it just rings and rings. I can't be phoning from work.
advice needed please....
I have a phonecall scheduled for mediation next week. But I've still to receive documents that requested cpr31.14 etc etc
I obviously can't negotiate fairly without these documents. I really feel after reading other threads and advice I've been given that the mediation would or could not go ahead without me having all relevant documents.
So I'll try ringing when I'm not in work but I want to write email too.
any advice on what I should say in this email????
I don't want to write a long winded affair...
Thanks in advance xx

Hello Pancho I think you can contact SCMS after 1000hrs up to 1600hrs.

nem

[Pancho79]

Re: Please Help - not sure what to do next

Hello Nem
When I'm not 8n work I'll contnue to ring .... it wouldn't harm to email to would it?
Anyway work now.... :0 (

[nemesis45]

Re: Please Help - not sure what to do next

Hello Nem
When I'm not 8n work I'll contnue to ring .... it wouldn't harm to email to would it?
Anyway work now.... :0 (

e- mail is fine.

nem

[Pancho79]

Re: Please Help - not sure what to do next

Good morning
So update -

I actually have some time off work today so I can deal with letters and emails etc.

I tried ringing the mediation service a few times the other day, re my mediation telephone appointment on Wednesday and not still having the documents I requested under CPR 31.14 ( copy of the agreement, any default notice and the notice of assignment etc etc)
It was having to be done between jobs/work etc. Unfortunately I could not get through as they were obviously busy.
So today time on my hands I spent most of the morning ringing mediation Finally got through 10 minutes ago.

I told them that I was still waiting for the documents and the lady said that if I haven't got the documents to enable me to negotiate they will have to cancel the appointment.

The case will go to the local court for a judge to look at the case. In meantime I have to write to Howard Cohen Solcitors to Hoist Portfolio and inform them that I still require the documents.

As it is my day off I intend to write this letter and send it recorded delivery today.

What I am asking leagle beagles folks for is...

Can someone offer advice on what I should say in this letter to Solicitors of hoist Portfolio.... should it be as simple as -- > "despite requests made under CPR31.14 for documents, copy of the agreement, any default notice and the notice of assignment, I have still to receive said documents to help me assess the situation. I notice you acknowledged my request in a letter dated 18th Feb 2016. I kindly request you forward these documents to me at the above address"

????? clueless.com please help with this letter.

Also - can anyone offer me any reassurances or thoughts etc on this business of the mediation being cancelled and it now being forwarded to local judge.

Sorry for long winded post... :0) Thankyou all in advance.

Pancho x

[Stu]

Re: Please Help - not sure what to do next

Personally I wouldn't chase cca request it is for them to supply you with the documents and if they can't then the debt can't be enforced but it might be worth chasing the cpr.. and as for mediation that is what must happen but should go in your favour should it go to court.

[nemesis45]

Re: Please Help - not sure what to do next

Stu is right don't chase the CCA request the claimant and the sols are well aware of their obligations and the consequence of non compliance.
The claim will now go to your local court for directions from a judge and allocation to a track.
You can chase CPR request and remind the sols it applies until the claim is allocated to the SCT.
That's all I would do.

nem

[Pancho79]

Re: Please Help - not sure what to do next

Stu is right don't chase the CCA request the claimant and the sols are well aware of their obligations and the consequence of non compliance.
The claim will now go to your local court for directions from a judge and allocation to a track.
You can chase CPR request and remind the sols it applies until the claim is allocated to the SCT.
That's all I would do.

nem

replying from phone

Forgive me for being a numpty. ... but how should I word letter requesting cpr and does it go to sols?

Thankyou for responses x

[MIKE770]

Re: Please Help - not sure what to do next

replying from phone

Forgive me for being a numpty. ... but how should I word letter requesting cpr and does it go to sols?

Thankyou for responses x

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