Defended claim, now received proposed allocation to small claims

[getsomehelp]

After lodging defence, I have today, 16/3, received court letter proposing to allocate to small claims track.

The boxes seem self explanatory - im avaivable anytime for a hearing, no expert witnesses, no solicitor on my side.

I defended on basis of statute barred, denied claimants statement that i made a payment 5 years ago and that pre action protocol was not followed.

I've already asked hoist portfolio for SAR, CCA and full details of that alleged payment 2 or 3 weeks ago. Hoist have acknowledged my requests but haven't supplied anything yet.

The letter states mediation is still possible - but does mediation mean to agree a payment plan?

I dont want a payment plan if I can avoid it. I want the court to throw the claim out (or whatever its called), as unenforcible and Hoist to run off into the sunset.

Without the info from hoist, I dont know for sure if i'm on a winner or loser.

Am I right to complete the allocation questionaire and wait for the hearing (without mediation)?

And hope, while i'm waiting, Hoist realise they dont have the records and withdraw/discontinue the claim?

(I feel like I'm playing poker but dont know the rules)


Thanks for ALL help.

[ostell]

So you mediate but then you state that you haven't got required documents from the claimant. The claimant has to prove the debt, not you prove you don't owe.

[getsomehelp]

UPDATE.
So, back in March I emailed back the Directions Questionaire to court.

I ticked the box for mediation and noted that Howard Cohen also ticked it.

Didnt hear anything until today, 28th June, from the court. Allocated to Small Claims and a form saying hearing on 13th July.

No mediation call took place.

I guess not the end of the world but have 2 questions.

1. The form asks for all the paperwork I will rely upon at the hearing - send to the court and the claimant, Howard Cohen.

There is nothing new since mine and the claimants evidence and statements back in March.

Do I have to resend everything?

2. I made a CPR request back in March/April but never received anything or CCA back. does that help me?

Reminder - Im arguing its statute barred. They issued a claim to the wrong address about 3 months before it became statute barred. I provided proof of address and got the ccj set aside. Added to that, they havent provided a copy of the CCA. Have I good chances of winning do you think?

Massive thanks for yr help.

[ostell]

Do what the courts are requesting,even if it is a pain.

[getsomehelp]

I'll reattach my defence papers to an email to court.

How do I supplement my defence - just write in the body of the email?

I want to highlight no reply to my CPR 31.14 request, no proper details of an alledged payment by me and no letter of claim received.

Thanks