Being Taken to Court.....any help would be great.

[fuzzybrain]

Re: Being Taken to Court.....any help would be great.

They were emails - so i don't think that they were......

[juliesharp]

Re: Being Taken to Court.....any help would be great.

the letter stating the deduction is an actual letter from them which does not state without prejudice on it.

[Amethyst]

Re: Being Taken to Court.....any help would be great.

cool - you okay with the Allocation Questionnaire ?

Be useful to see the wording of the offer letter too

[juliesharp]

Re: Being Taken to Court.....any help would be great.

will be filling in the AQ tomorow (be in on Wednesday) so any problems....i shall be on here. The letter which cointained the offer i have and will type out the paragraph that contained it...


" The amount claimed through the court does not include a deduction for your deposit as the contractual obligation to give 30 days notice with no arrears on the account was not fulfilled. However, if your decision not to pay the outstanding amount has changed, i am willing to deduct the deposit minus the 60pound court fee, fro the total amount owing. This would be conditional on you paying in full either by debi card, credit card (2.5% fee) or postal order by 30th June 2009. Your account records show that we are holding a total deposit of 307.20 which, minus the court fee would result in an amount payable of 348.00. I have enclosed a statment of account to remind you of your decisions with regards to payment.

yours sincerely,

the bint"

[Amethyst]

Re: Being Taken to Court.....any help would be great.

really need the terms and conditions hence asking in the draft directions....if you do have a copy then can you type them up.

[juliesharp]

Re: Being Taken to Court.....any help would be great.

right then, just filling in the AQ now, so do i just write the draft directions as writtten above on a piece of paper and attach them and then fil in part G as you have discussed and leave it at that?

thank you all so much x

[Amethyst]

Re: Being Taken to Court.....any help would be great.

Yep

Also these terms and conditions.... like getting blood out of a stone (I had a shot but got nowhere)

[juliesharp]

Re: Being Taken to Court.....any help would be great.

soon as i get them sent through will post them up here, thought i had some but cannot find them anywhere x

[fuzzybrain]

Re: Being Taken to Court.....any help would be great.

Ju, you HAVE to get the AQ back to the court today. Have you managed to do this? You can drop it off by hand to the court, but they usually close by 4pm, so get in thre before 3pm to ensure all is ok.

If you don't get the AQ in then the courts could give an automatic forthwith judgement to the nursery. Which means the entire claim is payable immediately.

I've forgotten my phone (i'm brain dead today!) so best off posting on here for help, although i have emailed you my work number incase you need it

[juliesharp]

Re: Being Taken to Court.....any help would be great.

it s being delivered as we speak!!!
thanks for everything people, could not have got this sorted without your help xx

[fuzzybrain]

Re: Being Taken to Court.....any help would be great.

Well done hun xx

[Amethyst]

Re: Being Taken to Court.....any help would be great.

Cool - let us know when/if you receive anything from court or from the claimants.

[juliesharp]

Re: Being Taken to Court.....any help would be great.

well..the postman has been!!
I have a date in October for a mediation, thats if the telephone mediation does not work first!!!!
They have also gone with the draft directions you done for me and the nursery has 14 days to submit a full case including all original documents, witness statements etc.
will let you know what i recieve from them....thanks guys, feeling much happier about this now!!

[Amethyst]

Re: Being Taken to Court.....any help would be great.

FANTASTIC

Can you type up the court letter pretty pleeeeeeease so can see what they ordered


Don't forget we have to reply to them if they do their bit so come back on here as soon as you hear anything and we'll do a new defence

[juliesharp]

Re: Being Taken to Court.....any help would be great.

letter is as follows:-

Distict jude hicks has considered the statements of case and allocation questionaires filed and allocated the claim to the small claims track.
District judge hicks has also refered the case to the small clais mediator based at canterbury county court. Please ensure that the attached mediation reply form is returned to canterbury county court within 7 days of receipt so that a telephone mediation appointment can be arracnged before the hearing date shown.
In the event that mediation is unsuccessful:
The hearing of the claim will takeplace at 14.00 on the 9 October 2009 at Thanet County Court and should take no longer than 2 hours. A hearing fee of 75.00 is payable by 25 September 2009 by the claimant unless you make an application for a fee concession. Failure to pay will result in the hearing being removed from the list.
Claimant to file ans serve statment in spport of the case with all supporting documents by 14 August 2009.
Defendant to file and serve statments in reply with all documents by 28 August 2009.
The origianl documents shall be brought to the hearing.