Lowell vs Tmum21

[MIKE770]

you one end on phone a mediator in the middle and the other party the other end.,

they will ask initially if you have all documents etc to mediate if not state no, they will then say no mediation possible and send back to court

[Tmum21]

Hi,

so I’ve had the court proposed allocation form through, I didn’t notice the date says the 6th September but I only received it last week

Do I fill in stating I don’t have all the documents.
ive since received some but not all cap 1 - an agreement and default letter. Very account just the agreement.

what should I do next?

thanks in advance

[MIKE770]

On such a date request for documents not action by other party

[Tmum21]

So do I need to tick the box ‘no’ for mediation?
and then yes to the small claims track?

The hearing part sounds scary

now they have sent some documents, do you reckon they are missing the other ones? Do I have a chance of it being thrown out if they don’t have that? And also what If they just make it up? Sorry for all the questions

[MIKE770]

No tick YES you must show willing as a court expects you to mediate save as to courts time = when mediation ring and ask you have you ALL the documents etc to attempt mediation - if No state no if still outstanding they probably will then send case back to court for next stage and report claimant has not produced requested documents. even documents they have sent can be incorrect! will not be thrown out at this stage but noted failure to supply all documents (they have to later on or discontinue -- the way they act now is well known on early stages of cases. keep an eye on court letters. ;ook around the site for earlier cases and get the pattern these cases seem to run by them

[MIKE770]

mediation ring and state form just received, you have had it a week??? action these things or you get automatic judgment against you!

[Tmum21]

I know I didn’t see a date at first glance and we went on holiday I was too busy booking covid tests

should I ring the general number so you think? I’ve looked online and the last action says form sent to me

[MIKE770]

Try it

[Tmum21]

Phew, I’ve emailed it over and spoken to someone on the phone. She said they would send a reminder giving me an extra couple of weeks anyway and that’s not gone out yet

[Tmum21]

So the court have written to me and it’s being listed for a 30 minute telephone hearing - dispute resolution hearing.

I need to send in evidence and documents 14 days before. The claimant responded to the info request eventually and sent electronic credit agreements but no letters notifying the transfer of debt. Which I don’t ever remember receiving. It’s been that long since I looked at this.

I’m not sure what I should do?

thanks in advance

[echat11]

So the court have written to me and it’s being listed for a 30 minute telephone hearing - dispute resolution hearing.

I need to send in evidence and documents 14 days before. The claimant responded to the info request eventually and sent electronic credit agreements but no letters notifying the transfer of debt. Which I don’t ever remember receiving. It’s been that long since I looked at this.

I’m not sure what I should do?

thanks in advance

Have you had the 'mediation' with a mediator and the creditors representative yet?

[Tmum21]

Mediation sent me the stuff and I said they hadn’t sent all the info so it got referred back to small claims

[echat11]

Mediation sent me the stuff and I said they hadn’t sent all the info so it got referred back to small claims

O.K., so I think this hearing is a mediation hearing, but check with the court. You should also contact the court to say you still haven't received all the requested documents.

[Tmum21]

It’s not mediation, the my said it’s unsuitable, it says I need to send the court evidence and documents 14 days before the hearing. It’s like a new stage they’ve put in at Sheffield because of the backlog from covid. Maybe it’s like to reassess the case to see if it continues to a normal hearing? Do you think I should just email and say further to my previous statements I still have not received all of the documents?

[MIKE770]

CPR 31.10 contains provisions for the disclosure of documents by way of a list. Disclosure obligations continue until proceedings come to an end. If further documents come to light after a list of documents has been served, a supplementary list must be served (CPR PD 31A, para 3.3).

For information on disclosure generally, see Practice Notes: Disclosure—introduction and Disclosure—standard disclosure and the reasonable search.

When providing directions, the court will set a date by which the list of documents must be served upon the other party.

Under CPR 31.21, a party may not rely on a document which they fail to disclose, unless the court gives permission. This provision, along with others in relation to evidence (such as CPR 32.10 on witness statements, and CPR 35.13 on experts’ reports), are phrased in such a way that, in the event of default, permission of the court is required to be able to adduce or rely on the relevant evidence.