Originally posted by erudioed
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THE JUDGE INTERVENED! - now I've had a new 'offer';
We were set for mediation, but the documents still didn't appear then I guess the timeline expired. The judge reviewed the case and ordered that (abbreviated):
- the claimant shall by 4pm 9th may file and serve a copy of the deed of assignment (redacted if necessary) in default of which claim shall be struck out. (this deed of assignment was sent to me the day before the deadline)
- claimant will provide the defendant with the same
- if the claimant complies with 1&2 case shall be allocated to small claims track (ref part 27 cpr)
- the rest of the points refer to the logistics of the hearing in Milton Keynes.
THEN... I received a letter from Lowell saying that they had complied with the directions and are keen to agree a tomlin order with an extra £100 added for court processing fees.
so, the mediation didn't happen, the agreement still has not materialised (unless I've missed it somehow). How come the Judge didn't request the agreement be provided for the case to proceed? Is this normal?
I'd appreciate any guidance on this as the time to act seems to be now.
Many thanks
We were set for mediation, but the documents still didn't appear then I guess the timeline expired. The judge reviewed the case and ordered that (abbreviated):
- the claimant shall by 4pm 9th may file and serve a copy of the deed of assignment (redacted if necessary) in default of which claim shall be struck out. (this deed of assignment was sent to me the day before the deadline)
- claimant will provide the defendant with the same
- if the claimant complies with 1&2 case shall be allocated to small claims track (ref part 27 cpr)
- the rest of the points refer to the logistics of the hearing in Milton Keynes.
THEN... I received a letter from Lowell saying that they had complied with the directions and are keen to agree a tomlin order with an extra £100 added for court processing fees.
so, the mediation didn't happen, the agreement still has not materialised (unless I've missed it somehow). How come the Judge didn't request the agreement be provided for the case to proceed? Is this normal?
I'd appreciate any guidance on this as the time to act seems to be now.
Many thanks
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