Need help with County court claim received

[echat11]

Thanks as always echat11 , no4 was marked as not admitted as i couldnt find any reference of a personal loan from gain credit, but did have one from lending stream that mirror the dates, not sure if they rebranded to gain credit but when I google gain credit i do see a link with lending stream. Do you think based on the dates mirroring up and the link between gain and lending stream i should mark that as admitted?

Cheers

It really is up to you, but if your belief is that it all corresponds, then yes, if not no.
I'm just highlighting it.

[JK2054]

no dont admit anything.

[echat11]

no dont admit anything.

Only a matter of a 'Statement of Truth'.

[JK2054]

Well I hoped I wouldn't be explaining this to you but oh well. When you sign a statement of truth you say the contents of your statement is true. That does not mean you can't not admit things, it just means you cant deny it if you know its true.

You can simply say "Point x is noted, the Defendant neither admits nor denies [fact] and the Claimant is put strict to proof"

[echat11]

Well I hoped I wouldn't be explaining this to you but oh well. When you sign a statement of truth you say the contents of your statement is true. That does not mean you can't not admit things, it just means you cant deny it if you know its true.

You can simply say "Point x is noted, the Defendant neither admits nor denies [fact] and the Claimant is put strict to proof"

Post 16.

[JK2054]

again admitting it means they dont need to prove it. netiehr admitting nor denying means they need to prove.
make their job harder not easier, they're against you not for you.

[Chillibeat20]

Hi echat11 ,

Received a letter titled Notice of Proposed Allocation to the Small Claims Track.

It reads

Take Notice That
1, This is now a defended claim.
The Defendent has filed a defence.

2. It appears that this case is suitable for alocation to the small claims track.
If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the small claims directions questionnaire (form N180) and explain why.

3. You must by 25th Nov 2024 complete the small claims directions questionnaire (Form N180) and file it with the court office
ADDRESS HERE
and serve copies on all other parties.

Do you have any guidance I can follow to fill this out please?

Thanks!

[echat11]

Hi echat11 ,

Received a letter titled Notice of Proposed Allocation to the Small Claims Track.

It reads

Take Notice That
1, This is now a defended claim.
The Defendent has filed a defence.

2. It appears that this case is suitable for alocation to the small claims track.
If you believe that this track is not the appropriate track for the claim, you must complete box C1 on the small claims directions questionnaire (form N180) and explain why.

3. You must by 25th Nov 2024 complete the small claims directions questionnaire (Form N180) and file it with the court office
ADDRESS HERE
and serve copies on all other parties.

Do you have any guidance I can follow to fill this out please?

Thanks!

Remember to send a copy of the DQ to the Claimants solicitor.

https://legalbeagles.info/library/gu...uestionnaire//

[Chillibeat20]

Hi echat11 ,

Ive recevied an email from scmreferrals@justice.gov.uk reading the following:

I note that I havent received any documents back from the CCA requests at all. What should I expect/what do I need to prepare?

Thanks as always!


Parties: LANTERN DEBT RECOVERY SERVICES LIMITED v XXXXX Your telephone mediation appointment

Appointment date: 18/12/2024
Appointment time slot: 08:00 to 10:00
Your confidential telephone mediation appointment has been booked for the above date and time slot. This means that the mediator will call you between the times shown. Your appointment will last for around one hour from the point at which the mediator calls.
The mediator will call both parties separately – you will not talk directly to the other side. They will try to help you both come to an agreement before the case goes to court.
Where your mediation appointment is mandatory, If you do not attend the appointment, the judge will take this into consideration at any court hearing and may issue a penalty. This could include the judge automatically ruling in the other party’s favour or ordering you to pay for some or all the other party’s costs.
Preparing for your appointment

You must make sure you have provided us with, or confirmed, the name and number of the person who will be conducting the mediation appointment. If you have not done this, or need to update your telephone number, you should contact us using the details at the end of this letter no less than 5 working days before your mediation appointment. Failure to do so may result in your mediation appointment not taking place and may result in a Judge issuing a penalty where the mediation was mandatory.
The mediator will call from a withheld number. Make sure that withheld numbers are not blocked on your phone.
Be ready to receive a call from the mediator from the beginning of your time slot. The mediator will call the telephone number you provided in your application.
If the mediator cannot contact you within 10 minutes of the appointment start, the appointment will be cancelled and you may, where mediation is mandatory, face a penalty for non-attendance.
Rebooking your appointment

If you need to rebook your appointment, you must have a good reason. The administration team will only consider rebooking in exceptional circumstances, such as an accident or a family bereavement. You must let us know as soon as possible.
Nominating a different representative

If you want someone else to represent you at mediation (like a trusted friend, relative or a solicitor) you must contact the mediation team
If you want to choose someone to attend your mediation appointment on your behalf who is not a part of the claim or is not a legal representative, you will also need to complete a delegated authority form. You can find out more about this on GOV.UK.
Your representative must know the facts of the case, understand how far you’re willing to compromise and have full authority to act on your behalf. You’re legally bound to any settlement agreements your representative makes on your behalf.
What happens in your mediation appointment?

Introduction from the mediator

The mediator will introduce themselves and check that you have read and understood the mediation process. Explaining your position

You will need to briefly explain your claim or defence to the mediator. You should prepare for yourself a brief summary of the main points. Negotiating options 

You’re attending mediation with a view to settling your case. This means negotiating to overcome disputed issues. The mediator is neutral and helps each party to explore options and discuss risks. Mediation works when you’re willing to listen to what the other party has to say, negotiate and agree a settlement. Building agreement

Settlement can be in many different forms, for example, payment, goods or work. Both parties must agree on the outcome and feel they have reached an acceptable resolution. Reaching a settlement

The mediator will read the terms of the settlement and confirm agreement with each party. Once agreed, the settlement is legally binding and cannot be changed. A copy of the mediation settlement is sent to both parties and placed on the court file.
Confidentiality

All mediation appointments are confidential. An agreed settlement includes a standard confidentiality clause.
Ending the mediation process

The mediator can end the mediation if, at any time:

• either party breaches the terms on which they agreed to mediation
• there is no prospect that the mediation will end in settlement
• the mediator deems it inappropriate to continue in the case that one or both parties are vulnerable users
• either party asks to end mediation

[echat11]

Hi echat11 ,

Ive recevied an email from scmreferrals@justice.gov.uk reading the following:

I note that I havent received any documents back from the CCA requests at all. What should I expect/what do I need to prepare?

Thanks as always!


Parties: LANTERN DEBT RECOVERY SERVICES LIMITED v XXXXX Your telephone mediation appointment

Appointment date: 18/12/2024
Appointment time slot: 08:00 to 10:00
Your confidential telephone mediation appointment has been booked for the above date and time slot. This means that the mediator will call you between the times shown. Your appointment will last for around one hour from the point at which the mediator calls.
The mediator will call both parties separately – you will not talk directly to the other side. They will try to help you both come to an agreement before the case goes to court.
Where your mediation appointment is mandatory, If you do not attend the appointment, the judge will take this into consideration at any court hearing and may issue a penalty. This could include the judge automatically ruling in the other party’s favour or ordering you to pay for some or all the other party’s costs.
Preparing for your appointment

You must make sure you have provided us with, or confirmed, the name and number of the person who will be conducting the mediation appointment. If you have not done this, or need to update your telephone number, you should contact us using the details at the end of this letter no less than 5 working days before your mediation appointment. Failure to do so may result in your mediation appointment not taking place and may result in a Judge issuing a penalty where the mediation was mandatory.
The mediator will call from a withheld number. Make sure that withheld numbers are not blocked on your phone.
Be ready to receive a call from the mediator from the beginning of your time slot. The mediator will call the telephone number you provided in your application.
If the mediator cannot contact you within 10 minutes of the appointment start, the appointment will be cancelled and you may, where mediation is mandatory, face a penalty for non-attendance.
Rebooking your appointment

If you need to rebook your appointment, you must have a good reason. The administration team will only consider rebooking in exceptional circumstances, such as an accident or a family bereavement. You must let us know as soon as possible.
Nominating a different representative

If you want someone else to represent you at mediation (like a trusted friend, relative or a solicitor) you must contact the mediation team
If you want to choose someone to attend your mediation appointment on your behalf who is not a part of the claim or is not a legal representative, you will also need to complete a delegated authority form. You can find out more about this on GOV.UK.
Your representative must know the facts of the case, understand how far you’re willing to compromise and have full authority to act on your behalf. You’re legally bound to any settlement agreements your representative makes on your behalf.
What happens in your mediation appointment?

Introduction from the mediator

The mediator will introduce themselves and check that you have read and understood the mediation process. Explaining your position

You will need to briefly explain your claim or defence to the mediator. You should prepare for yourself a brief summary of the main points. Negotiating options 

You’re attending mediation with a view to settling your case. This means negotiating to overcome disputed issues. The mediator is neutral and helps each party to explore options and discuss risks. Mediation works when you’re willing to listen to what the other party has to say, negotiate and agree a settlement. Building agreement

Settlement can be in many different forms, for example, payment, goods or work. Both parties must agree on the outcome and feel they have reached an acceptable resolution. Reaching a settlement

The mediator will read the terms of the settlement and confirm agreement with each party. Once agreed, the settlement is legally binding and cannot be changed. A copy of the mediation settlement is sent to both parties and placed on the court file.
Confidentiality

All mediation appointments are confidential. An agreed settlement includes a standard confidentiality clause.
Ending the mediation process

The mediator can end the mediation if, at any time:

• either party breaches the terms on which they agreed to mediation
• there is no prospect that the mediation will end in settlement
• the mediator deems it inappropriate to continue in the case that one or both parties are vulnerable users
• either party asks to end mediation

You can state that you haven't received the requested documentation. You could make offers to settle the matter, the Court / Judge aren't made aware of these. It's all pretty 'informal'. Make notes to help you and have a glass of water handy. Remember you don't have to agree to anything, it's easy sometimes to agree, then in hindsight wish you hadn't.

https://www.youtube.com/watch?v=tKesfMqSOfQ

[Chillibeat20]

Thanks, i'm still a little unclear. The fact they havent been able to produce the documents doesnt matter at this point? I thought they had to prove I owed the debt which was the whole point of the CCA request. Can they pursue something they dont have the correct documentation for?

When you say make offers, is this outside of the mediation appt, you mean contact them directly and try to make an offer?

[Pezza54]

Your mediation appointment has been booked and the letter states you must have a good reason to change the appointment time and the court admin team will only consider rebooking in exceptional circumstances
You should point out to the mediator that you are still waiting to receive crucial information that you have requested from the other party
In light of this missing info you could tell the mediator you are only prepared to offer a nominal amount. If you decide to do this have a figure ready. You may be pleasantly surprised if the other party accepts your offer or comes back with a surprisingly low counter offer that you are happy to agree to

[echat11]

Thanks, i'm still a little unclear. The fact they havent been able to produce the documents doesnt matter at this point? I thought they had to prove I owed the debt which was the whole point of the CCA request. Can they pursue something they dont have the correct documentation for?

When you say make offers, is this outside of the mediation appt, you mean contact them directly and try to make an offer?

a) The fact they havent been able to produce the documents doesnt matter at this point?

It matters, insofar as you've asked for them and they will need them to progress the case against you.

Not having them doesn't effect your ability to settle the matter with F & F Settlement Offers at Mediation or in writing as long as you write 'Without Prejudice Save as to Costs'.

b) I thought they had to prove I owed the debt which was the whole point of the CCA request.

Yes they they need to produce a copy of the CCA, but they can't move their case forward without one.

c) Can they pursue something they dont have the correct documentation for?

Answered in (b).

d) When you say make offers, is this outside of the mediation appt, you mean contact them directly and try to make an offer?

Answered in (b).

[Chillibeat20]

Hi echat11 ,

Just so i am clear, as i'm still a little confused (sorry!) with all the above considered my plan is to:
Explain in mediation the documents are still outstanding
See what they respond with
Assess likelihood they can retrieve CCA
Offer something in the region of 10-20% of the balance to just settle it now

What do you think? Above im B did you mean they CAN still progress their case whilst in the background they are trying to produce the CCA? Or if I dont offer settlement tomorrow, what happens? They cant pursue this until they've been able to provide it? I think i'm getting confused with them moving the case forward, but havent been able to provide the CCA.

Thanks as always

[echat11]

Hi echat11 ,

Just so i am clear, as i'm still a little confused (sorry!) with all the above considered my plan is to:
Explain in mediation the documents are still outstanding
See what they respond with
Assess likelihood they can retrieve CCA
Offer something in the region of 10-20% of the balance to just settle it now

What do you think? Above im B did you mean they CAN still progress their case whilst in the background they are trying to produce the CCA? Or if I dont offer settlement tomorrow, what happens? They cant pursue this until they've been able to provide it? I think i'm getting confused with them moving the case forward, but havent been able to provide the CCA.

Thanks as always

a) What do you think?

Yes, see how it develops, don't commit. But engage what their thinking is. It's a plan. Remember even after Mediation you can make 'Without Prejudice Save as to Costs' Offers, but write that on the letters.

b) Above im B did you mean they CAN still progress their case whilst in the background they are trying to produce the CCA?

They need the CCA to proceed with the case. They need to 'find' the CCA.

c) Or if I dont offer settlement tomorrow, what happens?

Mediation fails, but you can still make Offers as answered in B, the case goes to Hearing (but still takes some time). Remember Mediation is 'independent' of the Courts.

d) They cant pursue this until they've been able to provide it?

That's correct, but that would go into your Witness Statement.

e) I think i'm getting confused with them moving the case forward, but havent been able to provide the CCA.

They can move it forward, but they need that, if they can't find it, that helps your case.