**DISMISSED** Bryan carter / Lowell / shop direct / county court proposed allocation

[a n other]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

hello all,

I have now received a small claims telephone mediation service appointment time & date letter (appointment 12/11/15), in the letter it has 4 mediation requirements
1. I can confirm that I am willing to compromise on this matter.
2. I can confirm that there has been no police involvement in this matter at any time.
3. 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.
4. I can confirm that I can mediate on the date stated above.

now that seems quite straight forward but I am just wondering about number 3 as I have sent a CCA request to Lowell (request dated 16 oct, send out 16 oct, Lowell received 20 oct) which to date I have had no response, so would this mean my answer to 3 is no as I don't have all my information as yet.

Also is there anything else I should be aware of with the mediation process.


thanks in advance.

[nemesis45]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

hello all,

I have now received a small claims telephone mediation service appointment time & date letter (appointment 12/11/15), in the letter it has 4 mediation requirements
1. I can confirm that I am willing to compromise on this matter.
2. I can confirm that there has been no police involvement in this matter at any time.
3. 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.
4. I can confirm that I can mediate on the date stated above.

now that seems quite straight forward but I am just wondering about number 3 as I have sent a CCA request to Lowell (request dated 16 oct, send out 16 oct, Lowell received 20 oct) which to date I have had no response, so would this mean my answer to 3 is no as I don't have all my information as yet.

Also is there anything else I should be aware of with the mediation process.


thanks in advance.

Good morning,

If you have not received information via a CCA Request, you must tell HMCTS Small Claims Mediation Service.

Lowell has 12 + 2 Working Days to comply with your CCA Request (no weekends counted) so Lowell still has time to comply.

How long has SCS given you to confirm the appointment can go ahead?

nem

[a n other]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

Good morning,

If you have not received information via a CCA Request, you must tell HMCTS Small Claims Mediation Service.

Lowell has 12 + 2 Working Days to comply with your CCA Request (no weekends counted) so Lowell still has time to comply.

How long has SCS given you to confirm the appointment can go ahead?

nem

SCS has said I will be telephone within 8 days of the date of the letter (22 October 2015) so by 30 October 2015.

my CCA request was dated and sent out on 16 October, and the 14th day after that would be by my calculations 5th November.

so I guess I wait for the call from mediation services and tell them I am still waiting for the CCA from Lowell ??

[nemesis45]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

SCS has said I will be telephone within 8 days of the date of the letter (22 October 2015) so by 30 October 2015.

my CCA request was dated and sent out on 16 October, and the 14th day after that would be by my calculations 5th November.

so I guess I wait for the call from mediation services and tell them I am still waiting for the CCA from Lowell ??

Correct, there is little you can do, above all do not chase the CCA request!

You have shown willing to negotiate as has Lowell and if Lowell fails to provide the documents to enable
you to mediate it's going to look bad for them.

Wait and see time!

nem

[

[Amethyst]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

3. 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.

Is that a new bit on the mediation paperwork ?

[a n other]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

so I now wait for mediation to call and tell them I am waiting for the CCA from Lowell and then if I don't receive the CCA from Lowell in the post by the latest 5 nov I can contact the courts on the 6th nov and ask for the case to be dropped??

[nemesis45]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

so I now wait for mediation to call and tell them I am waiting for the CCA from Lowell and then if I don't receive the CCA from Lowell in the post by the latest 5 nov I can contact the courts on the 6th nov and ask for the case to be dropped??

No! If the mediation does not take place the claim will be returned to the court, allocated to your nearest County Court Hearing Centre and
the court process will continue from there.
nem

[a n other]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

so when I tell mediation that I am waiting for the CCA from Lowell does that mean that the case has to go to court or do we then wait for the mediation appointment and if the CCA has still not been provided it gets dropped???

sorry for all the questions I just want to get things clear in my head.

thanks

[nemesis45]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

[QUOTE=a n other;588647]so when I tell mediation that I am waiting for the CCA from Lowell does that mean that the case has to go to court or do we then wait for the mediation appointment and if the CCA has still not been provided it gets dropped???

sorry for all the questions I just want to get things clear in my head.
If the mediation does Not take place the mediator will return the claim to
the court, it will then be sent to your local court and the process continues.

The lack of a CCA from a CCA requests means that the debt is unenforceable
until the agreement or a compliant reconstituted agreement is supplied.
Once you have filed a defence the claimant then has 28 days to respond if
the claimant does not respond within 28 days the court will stay the claim.
If the claim is stayed you will not be informed and you will need to check with
the court in regard to the status of the claim.

Another scenario if the claimant cannot acquire the agreement they may withdraw or discontinue the claim.

nem

[a n other]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

hi all,

I have now had the call from mediation to check if everything was good to go for the mediation phone call appointment, I told them that I had sent a CCA request to Lowell and was waiting a reply.

yesterday the claim was transferred to my local county court.

I sent my CCA request to Lowell by special delivery on the 16th October, by my calculation day 14 is tomorrow 5th November. what would be the next step if I do not receive anything in the post tomorrow??

thanks in advance guys

[nemesis45]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

hi all,

I have now had the call from mediation to check if everything was good to go for the mediation phone call appointment, I told them that I had sent a CCA request to Lowell and was waiting a reply.

yesterday the claim was transferred to my local county court.

I sent my CCA request to Lowell by special delivery on the 16th October, by my calculation day 14 is tomorrow 5th November. what would be the next step if I do not receive anything in the post tomorrow??

thanks in advance guys

Did the mediation service book an appointment? It's unusual for a claim to be transferred to your local court if an appointment was scheduled.
I guess that the mediation is not going ahead because of the lack of the agreement.
You will now receive documents from the court make sure you file them promptly upon receipt.
As said previously Non compliance with the CCA request renders the debt unenforceable until the agreement is supplied so no need to chase it.

Start thinking about defence details now.

nem

[a n other]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

A mediation service appointment was booked but when they rang to check if I could say yes to there 4 points I told them about the CCA request, they said mediation could not go ahead because of this and they would transfer it to the court. it was transferred to court yesterday so I would expect the papers to come through by the end of the week.

thanks

[nemesis45]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

A mediation service appointment was booked but when they rang to check if I could say yes to there 4 points I told them about the CCA request, they said mediation could not go ahead because of this and they would transfer it to the court. it was transferred to court yesterday so I would expect the papers to come through by the end of the week.

thanks

Sounds about right!
It amazes me how many Debt Purchaser instruct their solicitors to agree to mediation when they know full well that
they have failed to produce documents requested via a CCA request, it seems to me to be an abuse of process.

I have when taking mediation on behalf of another caught DP's out by having a non compliant/unenforceable agreement
to hand where a recon has been supplied or the claimant relies on other evidence.
nem

[a n other]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

hi all,

I have now received a "notice of transfer of proceedings".

To all parties

The Small Claims Mediation Team has been unable to secure a mediation appointment at this time. please now
follow the instructions bellow.

This claim has been transferred to the county court hearing centre listed below for allocation. On receipt, the
file will be referred to a procedural judge who will allocate the claim to track and give case management directions.
Details of the judge's directions will be sent out to you in a notice of allocation.

If you would like any further information you can contact the local County Court Hearing Centre directly but
please await the judge's directions.

What does this mean??

Also I have still not received my CCA from Lowell and day 14 was 5th nov, do I now update my defence on the moneyclaim website or do I wait until court??

thanks guys

[a n other]

Re: Bryan carter / Lowell / shop direct / county court proposed allocation

hi all,

I have now received a "notice of transfer of proceedings".



What does this mean??

Also I have still not received my CCA from Lowell and day 14 was 5th nov, do I now update my defence on the moneyclaim website or do I wait until court??

thanks guys

Am I now waiting for the judge to set a date??

Do I now wait for the court to send forms out and then update my defence as I have not received the CCA from Lowell??


regards