• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Court Summons

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • #46
    Re: Court Summons

    Hi Charity,

    Hope you are well, I just wanted to bring you up to date with the case.
    We have received a notice of allocation to the Small Claims Track, and they have requested a completion of a directions questionnaire.
    Do we have the chance to request any other evidence from CEL with this, or does this then mean it goes to arbitration, and possibly a court hearing.
    Kind regards, Andy

    Comment


    • #47
      Re: Court Summons

      Originally posted by Andy Thomas View Post
      Hi Charity,

      Hope you are well, I just wanted to bring you up to date with the case.
      We have received a notice of allocation to the Small Claims Track, and they have requested a completion of a directions questionnaire.
      Do we have the chance to request any other evidence from CEL with this, or does this then mean it goes to arbitration, and possibly a court hearing.
      Kind regards, Andy
      Hi Andy

      The DQ really is you just agreeing to mediation, choosing which court you want to have a hearing in and giving the MoJ all the pertinent information they need to move the matter along.

      There are Civil Procedure Rules that can be used to obtain any documents stated in the Particulars of Claim or to ask questions of the claimant, but they'll have to send you all of their documents/photos they intend to rely on 14 days before a hearing and you will have to do the same.

      I'd agree to mediation, it makes you look reasonable and that you view court as the last resort.

      When you send the DQ off make sure you send a copy both to the court and the claimant.
      COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

      My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

      Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

      Comment


      • #48
        Re: Court Summons

        Hi, (Apologies, I don't have your name)
        Many thanks for your reply, and the information was of great help.
        I have sent the DQ and as you mentioned also sent a copy to CEL, both recorded delivery.
        It would be nice to have some common sense on the matter, as we have had no reasonable responses at all from CEL.
        I will keep you posted on the outcome, Thanks again for your help, and thanks to Charity for his work in the matter.
        Kind Regards, Andy

        Comment


        • #49
          Re: Court Summons

          Originally posted by Andy Thomas View Post
          Hi, (Apologies, I don't have your name)
          Many thanks for your reply, and the information was of great help.
          I have sent the DQ and as you mentioned also sent a copy to CEL, both recorded delivery.
          It would be nice to have some common sense on the matter, as we have had no reasonable responses at all from CEL.
          I will keep you posted on the outcome, Thanks again for your help, and thanks to Charity for his work in the matter.
          Kind Regards, Andy
          Hi Andy

          Unfortunately Common Sense and Reasonable behaviour seem to fly out the window when it comes to court matters with companies in my experience.

          I am the claimant in a matter to be heard on 8th Sept and I have been appealing to the defendant for common sense; and to settle for nearly two years now. The crazy thing is that with their defence they submitted documentation strengthening my case and most recently in submitting their witness statement they sent me a document which proves the only point I couldn't, so essentially have ensured I can be confident with 100% of my claim. It's absolute madness, but they seem intent on actually going to court even though it'll end with them paying further costs and expenses if I'm successful.

          My personal view is that companies think they can bully individuals. In my instance they keep telling me that if my claim fails they'll pursue me for their costs, but if I withdraw now they'll just let it go and that's a blatant attempt at scaring me into giving up. I think they'll settle with me on the morning of the hearing just before going in when they realise the scare tactics haven't worked.

          Keep us all updated, as we'll be able to help you ate the next stage too. Next you should receive communication about mediation if CEL agree to it and if not a "General Order or Judgement Form" from the court you have chosen to defend the claim in, that will detail when the hearing will take place etc.

          Kind Regards
          Jag
          COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

          My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

          Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

          Comment


          • #50
            Re: Court Summons

            Hi Jag,

            Many thanks for your e-mail and I agree with your thoughts, common sense seems to go unnoticed with some people. I also agree with you regarding bullying. I think some companies are quite happy to use these tactics, and don't seem to care.
            My father in law had a great phrase about common sense, which was it was the "least common" of all senses, which about sums it up.

            I appreciate your advice on the matter, and the help from the team. I will keep you posted with the next stage and I hope you have success on the 8th with your own case.

            Thanks again to all,
            Kind regards,
            Andy

            Comment


            • #51
              Dear Charity / Ostell,

              Many thanks for your you kind assistance in dealing with this matter. In the end I settled at £115, which was better than the £300, which is still to much, but done with. Apologies if I have responded late as we have had family matters to deal with.

              Kind regards,

              Andy Thomas

              Comment


              • #52
                Originally posted by Andy Thomas View Post
                Dear Charity / Ostell,

                Many thanks for your you kind assistance in dealing with this matter. In the end I settled at £115, which was better than the £300, which is still to much, but done with. Apologies if I have responded late as we have had family matters to deal with.

                Kind regards,

                Andy Thomas
                Was this via Mediation Service (court)?
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #53
                  Originally posted by Andy Thomas View Post
                  Dear Charity / Ostell,

                  Many thanks for your you kind assistance in dealing with this matter. In the end I settled at £115, which was better than the £300, which is still to much, but done with. Apologies if I have responded late as we have had family matters to deal with.

                  Kind regards,

                  Andy Thomas
                  Yes, this was done through the mediation service, who were helpful.
                  KR, Andy

                  Comment

                  View our Terms and Conditions

                  LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                  If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                  If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                  Announcement

                  Collapse

                  Support LegalBeagles


                  Donate with PayPal button

                  LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                  See more
                  See less

                  Court Claim ?

                  Guides and Letters
                  Loading...



                  Search and Compare fixed fee legal services and find a solicitor near you.

                  Find a Law Firm


                  Working...
                  X