***DISCONTINUED *** Winder82 v Lowell

[winder82]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Will they be required to supply documents Ive requested for mediation to go ahead thanks

[winder82]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Hi ive not received an email about mediation. I still haven't received any information from bryan Carter. Please advise what I need to do

Thanks

[winder82]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Sorry I meant to say I have received it. It's asking the following


Mediation Requirements

Please read the following statements:

Yes
No
I can confirm that I am willing to compromise on this matter



I can confirm that there has been no police involvement in this matter at any time


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 can confirm that I can mediate on the date stated above.
(Mediation appointments are limited and can only be re-arranged under exceptional circumstances).

[winder82]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Should I reply saying this


I can't confirm that I have enough information about the claim. I have requested this from Lowell and their solicitor and to date have not received this.

[winder82]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

This is the response from mediation


The case will now be transferred to local court to proceed; there may be a further opportunity to mediate when the District Judge makes directions.
Do you think this will end up in court?

[winder82]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

I have received a court date now.
What evidence do I need to submit?
I'm on holiday on the day of the claim, can my wife attend for me?
It says they need to pay by the 28th October, will I be notified if they don't pay?

[winder82]

Winder52 v Lowell

Sorry it's me who has jumped on this thread

My questions are

I have received a court date now.
What evidence do I need to submit?
I'm on holiday on the day of the claim, can my wife attend for me?
It says they need to pay by the 28th October, will I be notified if they don't pay?

Thanks for all your advice

[winder82]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Please can you help with my questions

I have received a court date now.
What evidence do I need to submit?
I'm on holiday on the day of the claim, can my wife attend for me?
It says they need to pay by the 28th October, will I be notified if they don't pay?

[winder82]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Hi all

I need to send my evidence to the court.
what do I need to send?

Thanks

[Amethyst]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

If they don't pay the hearing fee you would eventually be notified but it's a good idea to call the court after the due date to check if they have paid or not. If they have then you can prepare your witness statement and documents which should be in to court and with the claimants at least 14 days before the hearing ( unless court have given you an earlier date - check the notice from the court)

Your wife can't attend for you unless she is a joint defendant. You can ask the court to hear it just on paper - but you need to inform the court in writing at least 7 days before the hearing that you won't be attending.

[winder82]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Do I send the witness statement to Lowell direct or to their solicitor?

Thanks

[Amethyst]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

It would go to the court and the claimant's solicitors ( so Bryan Carter's )

[winder82]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Thanks

Also do I need to tell them I won't be at court or just the court?

Will it go against me as im on holiday

[Amethyst]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

Yes you should tell them as well, you need to give 7 days notice.

Non-attendance of parties at a final hearing
27.9
(1) If a party who does not attend a final hearing–
(a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend;
(b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and
(c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above,
the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim.
(2) If a claimant does not –
(a) attend the hearing; and
(b) give the notice referred to in paragraph (1),
the court may strike out(GL) the claim.
(3) If –
(a) a defendant does not –
(i) attend the hearing; or
(ii) give the notice referred to in paragraph (1); and
(b) the claimant either –
(i) does attend the hearing; or
(ii) gives the notice referred to in paragraph (1),
the court may decide the claim on the basis of the evidence of the claimant alone.
(4) If neither party attends or gives the notice referred to in paragraph (1), the court may strike out the claim and any defence and counterclaim.

It means your WS has to do the talking for you in essence as you won't be there to answer any questions or correct any mistakes the judge or claimants make.

[winder82]

Re: ReceivedCounty Court Claim from Bryan Carter Solicitors LLP

I have completed the witness statement. Is there anything additional I need to add as I won't be attending. I would attend but I'm on holiday and going to send the proof to the court.
I have asked if the case date can be changed