** Discontinued ** Lowell court claim for mobile phone debt with Vodaphone

[jaguarsuk]

Right having had a bash at it, this isn't from Lowell it's from the mediation team.

Reply with your availability and:

In answer to the question "I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment" I have asked the claimant provide information to me, which to this date they have not and I'm confident as they know their obligation they will before the appointment.

I would CC Lowell in if you have their email address as if they don't send the stuff the day before you can then email and cancel the appointment for mediation followed by writing to the court to inform them of the reason to ensure you don't look like you are behaving unreasonably, but it's obvious they are.

If they send the info come back to let us know or if the day before the appointment they haven't come back then we can help with some words.

[lobo]

Thanks Kati for formatting the post

[lobo]

I am really having a bad morning. Sorry for wasting time. The email is from scm referrals. I will fill it out and send

[lobo]

Thanks JAGUARSUK for the advice. I have added what you advised to the mediation form and have returned and forwarded to Lowell Solicitors after removing my phone number. I will update when mediation reply

[lobo]

Right having had a bash at it, this isn't from Lowell it's from the mediation team.

Reply with your availability and:



I would CC Lowell in if you have their email address as if they don't send the stuff the day before you can then email and cancel the appointment for mediation followed by writing to the court to inform them of the reason to ensure you don't look like you are behaving unreasonably, but it's obvious they are.

If they send the info come back to let us know or if the day before the appointment they haven't come back then we can help with some words.

I entered the exact statement you advised into question 2 of the mediation form, sent it back copying in Lowell Solicitors. I received a reply today from the mediation team stating the following:


Thank You for your email, if the party unable to give you the relevant information then the case will have to proceed at a local court could you please call us to confirm whether you will have the information.

Kind Regards,

XXXXXXXXX

Mediation Support Officer

Small Claims Mediation | HMCTS | PO Box 8793 | Leicester| LE1 8BN

Phone| 0300 123 4593

For information on how HMCTS uses personal data about you please see: https://www.gov.uk/government/organi...mation-charter


Is this normal? I have not as yet received any of the information from Lowell but it seems that the onus is on me regarding the mediation going ahead. I obviously don't as yet know whether the information will be forthcoming. Shouldn't the onus be on Lowell to provide it as I have made an official request for it. Is this what I should tell the mediation team when I call them?

[jaguarsuk]

I entered the exact statement you advised into question 2 of the mediation form, sent it back copying in Lowell Solicitors. I received a reply today from the mediation team stating the following:


Thank You for your email, if the party unable to give you the relevant information then the case will have to proceed at a local court could you please call us to confirm whether you will have the information.

Kind Regards,

XXXXXXXXX

Mediation Support Officer

Small Claims Mediation | HMCTS | PO Box 8793 | Leicester| LE1 8BN

Phone| 0300 123 4593

For information on how HMCTS uses personal data about you please see: https://www.gov.uk/government/organi...mation-charter


Is this normal? I have not as yet received any of the information from Lowell but it seems that the onus is on me regarding the mediation going ahead. I obviously don't as yet know whether the information will be forthcoming. Shouldn't the onus be on Lowell to provide it as I have made an official request for it. Is this what I should tell the mediation team when I call them?

Yeah, I think you need to put the ball in Lowell's court and respond to this by stating that you are unable to answer that question as it's in their hands thus the mediation team should contact them to ascertain whether they will be availing you of the information in time. Then they should proceed accordingly once Lowell have answered by that to book an appointment or to a local court.

It might not seem it, but this is working in your favour as really you don't want the information or a mediation appointment. You want to get to the hearing without them providing the documents to enable you to win, so the less time they have to get hold of them the better.

It is all a good example for the court to highlight how you have tried to settle this without need of a hearing, but that Lowell's unreasonable conduct hasn't allowed you.

[lobo]

Yeah, I think you need to put the ball in Lowell's court and respond to this by stating that you are unable to answer that question as it's in their hands thus the mediation team should contact them to ascertain whether they will be availing you of the information in time. Then they should proceed accordingly once Lowell have answered by that to book an appointment or to a local court.

It might not seem it, but this is working in your favour as really you don't want the information or a mediation appointment. You want to get to the hearing without them providing the documents to enable you to win, so the less time they have to get hold of them the better.

It is all a good example for the court to highlight how you have tried to settle this without need of a hearing, but that Lowell's unreasonable conduct hasn't allowed you.

I tried calling the mediation team this morning but the line was busy and I was asked to call back later so I replied to their email thus:

Good Morning,

I have tried calling this morning but the line is busy and I was asked to call back later.

I have as yet not received the documents relating to the Lowell Solicitors claim that I requested under CPR 31.14 on 10th June 2018.

I am willing to enter mediation but need to understand the claim that Lowell Solicitors is making.

I am unable to answer the question of whether I will have the information as it is in the hands of Lowell Solicitors. Lowell Solicitors need to be asked if they will be availing me of the information in time for mediation to commence.

I will try to call again later.

Kind Regards

[MIKE770]

your answer would be :- I do not have the requested documentation from Lowells as requested in CPR31.14 = that is all you need to put

[jaguarsuk]

I tried calling the mediation team this morning but the line was busy and I was asked to call back later so I replied to their email thus:

Good Morning,

I have tried calling this morning but the line is busy and I was asked to call back later.

I have as yet not received the documents relating to the Lowell Solicitors claim that I requested under CPR 31.14 on 10th June 2018.

I am willing to enter mediation but need to understand the claim that Lowell Solicitors is making.

I am unable to answer the question of whether I will have the information as it is in the hands of Lowell Solicitors. Lowell Solicitors need to be asked if they will be availing me of the information in time for mediation to commence.

I will try to call again later.

Kind Regards

That should be fine and they should move it to the local court.

[lobo]

That should be fine and they should move it to the local court.

I received a call this morning from the mediation team. The young lady asked whether I had received the requested documentation from Lowell as she needed to move this case along. I told her that I had not. She said that the case would be moved to a local court but it would be in my favour that Lowell had not provided the documentation as "they need to be able to prove the debt".

[jaguarsuk]

I received a call this morning from the mediation team. The young lady asked whether I had received the requested documentation from Lowell as she needed to move this case along. I told her that I had not. She said that the case would be moved to a local court but it would be in my favour that Lowell had not provided the documentation as "they need to be able to prove the debt".

She is correct and the fact there is no the delay of mediation puts them under pressure to come up with the goods more quickly.

[lobo]

Afternoon all,

I have received a letter this morning from the CCBC. It is a Notice of Transfer of Proceedings. It says that the claim had been transferred to the County Court hearing Centre for allocation, at my local court. The file will be referred to a procedural judge who will allocate the claim to track and give management directions. The details will be sent to in a notice of allocation.

Does this mean that it will definitely be going to a hearing?

[jaguarsuk]

Afternoon all,

I have received a letter this morning from the CCBC. It is a Notice of Transfer of Proceedings. It says that the claim had been transferred to the County Court hearing Centre for allocation, at my local court. The file will be referred to a procedural judge who will allocate the claim to track and give management directions. The details will be sent to in a notice of allocation.

Does this mean that it will definitely be going to a hearing?

If they choose to pay the fee and go that far yes, but they may discontinue before paying a fee or the hearing date. It's a waiting exercise really.

[lobo]

Thanks for that. Would it be worth getting a solicitor if it goes to court?

[jaguarsuk]

Thanks for that. Would it be worth getting a solicitor if it goes to court?

It'll really depend on how confident you are to speak to the judge yourself, it's not like on telly with wigs and really formal. You'll pretty much just be having a respectful chat.

How many witnesses did they put on their DQ?