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  1. #1
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    Default Mediation

    Apologies if this question has been asked else where but I could not find a relevant topic using the search option.

    I have a claim issued against me (MCOL) which has now been allocated to a County Court. I am disputing that any monies are owed.

    I have been allocated a date for the hearing and offered the option of Mediation. As I am disputing that I owe any monies to the claimant and have proof that none were received
    should I accept or reject Mediation.

    Would not going ahead with Mediation be frowned upon and count against me in Court?

    Thank you for your help.

  2. #2
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    Default Re: Mediation

    You don't have to accept mediation but it's strongly encouraged.

    As far as I understand it, if you end up going to court without having been open to the possibility of early resolution, then it could count against you if/when costs are awarded.

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    Default Re: Mediation

    Thank you for your reply.

    From what I have gathered from this site, one of the questions I will be asked is whether I have sufficient information to go to Mediation. At this point can I request proof/evidence of the claim being made?

    Thanks in advance.

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    Default Re: Mediation

    Quote Originally Posted by HYG View Post
    Thank you for your reply.

    From what I have gathered from this site, one of the questions I will be asked is whether I have sufficient information to go to Mediation. At this point can I request proof/evidence of the claim being made?

    Thanks in advance.
    You can and should ask for any documents mentioned in the Particulars of Claim as soon as possible.

    What are the Particulars? Can you type them out on here, removing personal details?

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    Default Re: Mediation

    I can update the site with more details/particulars of the claim this evening as I do not have the paperwork at hand.

    I did request that the claimant particularize the claim further when sending in my defense or the case should be dismissed. This was rejected by the Court and a date for the hearing has been set.

    The claimant cannot have any proof for monies paid as none were received. It is this proof that I would like to request during the Mediation process? Would this be the correct step? or wait 14 days before the hearing when
    the claimant must submit paperwork?

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    Default Re: Mediation

    What's the value of the claim?

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    Default Re: Mediation

    Quote Originally Posted by HYG View Post
    I have a claim issued against me (MCOL) which has now been allocated to a County Court. I am disputing that any monies are owed.

    I have been allocated a date for the hearing and offered the option of Mediation. As I am disputing that I owe any monies to the claimant and have proof that none were received
    should I accept or reject Mediation.

    Would not going ahead with Mediation be frowned upon and count against me in Court?
    From what you say your case has been transferred to your local county court and you have received a Notice of Hearing with Directions including when to file WS etc.

    It's not unusual for those Directions to include a "Mediation is encouraged" type statement in the hope you won't need to take up the hearing slot which has been allocated. Courts overbook in the hope that some will settle in advance.

    It will not be frowned upon if you don't take up that option and you won't be at risk of the other side's legal costs since your claim must be in the Small Claims Court (Mediation isn't offered to Fast Track claims) so neither the winner or the loser faces costs.

    What did you put on your Directions Questionnaire about Mediation? And what did the Claimant put? It takes two to Mediate.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  8. #8
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    Default Re: Mediation

    Quote Originally Posted by HYG View Post
    I did request that the claimant particularize the claim further when sending in my defense or the case should be dismissed. This was rejected by the Court and a date for the hearing has been set.
    When you say the court rejected your request to dismiss the claim unless the Claimant particularized their POC, do you mean there was an Order made, or do you mean because the Hearing has been listed the court must have (tacitly) rejected your request?

    A court won't dismiss a claim without a hearing. And a court won't list a hearing unless there has been an Application by either party (with the exception of the Trial).

    So is the Hearing you've been given in relation to an Application by you? Or is it the Trial date?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  9. #9
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    Default Re: Mediation

    Quote Originally Posted by HYG View Post
    The claimant cannot have any proof for monies paid as none were received. It is this proof that I would like to request during the Mediation process? Would this be the correct step? or wait 14 days before the hearing when the claimant must submit paperwork?
    Mediation is basically a vehicle for settlement. It is not an opportunity to request information.

    If you reach agreement to pay 'something' during the telephone Mediation this becomes a legally binding contract which can become a CCJ if the terms of the agreement are breached by either party.

    When you say the Claimant must provide paperwork "14 days before the hearing" I expect you are referring to those court Directions which order both parties to file a Witness Statement with Exhibits which they intend to rely on in court 14 days before the hearing, so you can/must file one too.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  10. #10
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    Default Re: Mediation

    Quote Originally Posted by Arcadian View Post
    You can and should ask for any documents mentioned in the Particulars of Claim as soon as possible.
    The OP has already filed their Defence and the claim has been allocated to the Small Claims Court and the hearing listed so a CPR 31.14 Request does not apply now.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  11. #11
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    Default Re: Mediation

    Quote Originally Posted by HYG View Post
    The claimant cannot have any proof for monies paid as none were received
    Is your need for proof of monies paid (which you say weren't) because you are pleading Statute Barred in your Defence?

    If this is a claim for a credit card, loan etc have you sent a s.77-79 CCA Request? You probably have but I thought I better check because you've not mentioned it.

    If you haven't sent one do that immediately. There's a template on this forum >
    http://legalbeagles.info/forums/show...=7670#post7670

    Or is it a claim for something completely different?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  12. #12
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    Default Re: Mediation

    "What's the value of the claim?"

    It is less than £5000

  13. #13
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    Default Re: Mediation

    Quote Originally Posted by Diana M View Post
    From what you say your case has been transferred to your local county court and you have received a Notice of Hearing with Directions including when to file WS etc.

    It's not unusual for those Directions to include a "Mediation is encouraged" type statement in the hope you won't need to take up the hearing slot which has been allocated. Courts overbook in the hope that some will settle in advance.

    It will not be frowned upon if you don't take up that option and you won't be at risk of the other side's legal costs since your claim must be in the Small Claims Court (Mediation isn't offered to Fast Track claims) so neither the winner or the loser faces costs.

    What did you put on your Directions Questionnaire about Mediation? And what did the Claimant put? It takes two to Mediate.

    Di
    I put that I would be willing to mediate in the Directions Questionnaire - the claimant did not send me a copy of the Directions Questionnaire, therefore I do not know what the claimant stated.

  14. #14
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    Default Re: Mediation

    Quote Originally Posted by Diana M View Post
    When you say the court rejected your request to dismiss the claim unless the Claimant particularized their POC, do you mean there was an Order made, or do you mean because the Hearing has been listed the court must have (tacitly) rejected your request?

    A court won't dismiss a claim without a hearing. And a court won't list a hearing unless there has been an Application by either party (with the exception of the Trial).

    So is the Hearing you've been given in relation to an Application by you? Or is it the Trial date?

    Di
    In my response to the original claim I stated that insufficient information had been provided regarding the claim.

    The hearing is for the Trial Date.

  15. #15
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    Default Re: Mediation

    Quote Originally Posted by Diana M View Post
    Is your need for proof of monies paid (which you say weren't) because you are pleading Statute Barred in your Defence?

    If this is a claim for a credit card, loan etc have you sent a s.77-79 CCA Request? You probably have but I thought I better check because you've not mentioned it.

    If you haven't sent one do that immediately. There's a template on this forum >
    http://legalbeagles.info/forums/show...=7670#post7670

    Or is it a claim for something completely different?

    Di
    The claim is not for a credit/finance agreement etc. IT has been sent to the small claims court and I have been offered Mediation. I cam thinking I should agree to mediation as from what I have read it may annoy the Judge if I was to refuse?

  16. #16
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    Default Re: Mediation

    Quote Originally Posted by HYG View Post
    The claim is not for a credit/finance agreement
    So what's this claim all about?

    Your answer to my question may lead to the answer to your question about whether Mediation is appropriate.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  17. #17
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    Default Small claims court hearing

    Hi,

    I am defendant in personal money dispute - which is a new experience for me.

    The claimant has started a claim via MCOL - I have now received a Trial Hearing date; the Court paperwork states "Parties serve and file copy documents 14 days before the hearing"

    When the claimant started the claim, the POC were not specific and I did mention this when initially replying to the Court. I asked that the case should be particularized or struck out. This was ignored by the
    Court and a Hearing date has been set.

    How detailed should the paperwork which I submit to the Court be?

    Legally, what would my position be if the Claimant failed to send me a copy of the paperwork which was sent to the Court?

    Thank you.

  18. #18
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    Default Court date due but no paperwork from claimaint

    Hi,

    I have a Court date due (from MCOL) within 14 days. The instructions from the Court were for all sides to send paperwork to be used at trial to all parties 14 days before the trial date.

    As yet I have not received any case paperwork from the Claimant.

    Could someone please advise where I stand on this legally?

    Should I attend Court and tell the Judge that I have not had an opportunity assess the Claimants case against me? What is the likely outcome to this?

    Going by previous experience I would think the Claimant has sent the paperwork to the Court thinking he can simply ignore me.

    Any advise would be very helpful.

    Thank You

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    Default Re: Court date due but no paperwork from claimaint

    Bumped

  20. #20
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    Default Re: Court date due but no paperwork from claimaint

    tagging @nemesis45 xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
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  21. #21
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    Default Re: Court date due but no paperwork from claimaint

    Is this hearing in relation to the claim on your other thread here > http://legalbeagles.info/forums/show...572#post720572 and also a third thread of yours here > http://legalbeagles.info/forums/show...580#post713580

    Back to the question in hand.

    I think you need to ring the court to check whether the Claimant has filed a WS at court but not served it on you.

    Have you filed your Witness Statement even if the Claimant hasn't filed theirs?

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  22. #22
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    Default Re: Court date due but no paperwork from claimaint

    Quote Originally Posted by HYG View Post
    Hi,

    I have a Court date due (from MCOL) within 14 days. The instructions from the Court were for all sides to send paperwork to be used at trial to all parties 14 days before the trial date.

    As yet I have not received any case paperwork from the Claimant.

    Could someone please advise where I stand on this legally?

    Should I attend Court and tell the Judge that I have not had an opportunity assess the Claimants case against me? What is the likely outcome to this?

    Going by previous experience I would think the Claimant has sent the paperwork to the Court thinking he can simply ignore me.

    Any advise would be very helpful.

    Thank You
    Hi seems you have other threads on the same claim?

    When is the hearing?

    I'll ask @Kati if she can merge them all please.

    Have you checked with court on the status of the claim?

    Is your witness statement prepared/sent?

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  23. #23
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    Default Re: Court date due but no paperwork from claimaint

    Quote Originally Posted by nemesis45 View Post
    I'll ask @Kati if she can merge them all please.
    sorted xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

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    Default Re: Court date due but no paperwork from claimaint

    Hi Di,

    Yes my witness statement has been filed along with all the relevant documentation. But I have not received a WS from the claimant?

    Should I contact the Court to notify them of this now - with less than 14 days to the trial?

    Thanks in advance.

    - - - Updated - - -

    Hi Nem,

    Thank you for your reply - much appreciated.

    The trail is now less than 14 days away. I have filed my WS and all relevant documentation.

    Not heard anything from the claimant with regards WS or Bundle.

    What is the legal procedure in these circumstances? I have not contacted the Court as yet, shall do so on Monday.

    What if the Claimant has filed his WS but failed to send me a copy?

  25. #25
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    Default Re: Court date due but no paperwork from claimaint

    Quote Originally Posted by HYG View Post
    Hi Di,

    Yes my witness statement has been filed along with all the relevant documentation. But I have not received a WS from the claimant?

    Should I contact the Court to notify them of this now - with less than 14 days to the trial?

    Thanks in advance.

    - - - Updated - - -

    Hi Nem,

    Thank you for your reply - much appreciated.

    The trail is now less than 14 days away. I have filed my WS and all relevant documentation.

    Not heard anything from the claimant with regards WS or Bundle.

    What is the legal procedure in these circumstances? I have not contacted the Court as yet, shall do so on Monday.

    What if the Claimant has filed his WS but failed to send me a copy?
    @HYG,

    Good morning,

    Yes check with the court on Monday.

    Who's the claimant / solicitors?

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





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