Proof of identity

[icrina53]

Re: Proof of identity

[QUOTE=nemesis45;700243]

Hello Icrina,

Is this their witness statement you have received? Have you filed a witness statement and sent a copy to the claimant and the court?

nem

Hello,
After the claim was not suitable for mediation it was transffered to my local court. The judge allowed the claimant 56 days to respond to my defence, today I received their response to my defence. In this response they have included some statements and they ask the court to to strike out my defence
Also they saying that the credit card was raken out on the 17th oct 2009 but the transactions they included start on 10 nov 2010 ?

[nemesis45]

Re: Proof of identity

[QUOTE=icrina53;700237]

It looks like the new year is not doing me any favors , they have submitted a defense now and included the same paperwork as they sent me plus some statements, I will upload their defence tomorrow but think is the end of the road now

Hello Icrina,

Is this their witness statement you have received? Have you filed a witness statement and sent a copy to the claimant and the court?

nem

[icrina53]

Re: Proof of identity

[QUOTE=nemesis45;684599]

Hello all,

Just a quick update: After the claim was decided not be suitable for mediation, I have received a letter from that court that orders the Claimant to serve a reply by the 26th of this month so that the Court can better understands the merits of the defence.
Does anyone knows what that is suppose to mean? is it good or bad news?

It means one of the judges has taken a close look at what you have said and the particulars of the claim it's hard to predict what part of the defence he/she is looking at, but not bad news IMO.

nem

It looks like the new year is not doing me any favors , they have submitted a defense now and included the same paperwork as they sent me plus some statements, I will upload their defence tomorrow but think is the end of the road now😥

[nemesis45]

Re: Proof of identity

[QUOTE=icrina53;684583]Hello all,

Just a quick update: After the claim was decided not be suitable for mediation, I have received a letter from that court that orders the Claimant to serve a reply by the 26th of this month so that the Court can better understands the merits of the defence.
Does anyone knows what that is suppose to mean? is it good or bad news?

It means one of the judges has taken a close look at what you have said and the particulars of the claim it's hard to predict what part of the defence he/she is looking at, but not bad news IMO.

nem

[icrina53]

Re: Proof of identity

Hello all,

Just a quick update: After the claim was decided not be suitable for mediation, I have received a letter from that court that orders the Claimant to serve a reply by the 26th of this month so that the Court can better understands the merits of the defence.
Does anyone knows what that is suppose to mean? is it good or bad news?

Thank you ,

[MIKE770]

Re: Proof of identity

Received the call from the mediation service today, the case will be transferred to court and will receive a letter soon.
What do I need to do now? try to build a strong defense with dates , facts etc ? never been to court in my life

If it came to it = not like what you see on the TV, but a chamber where the only people in it would be you & Representative if you used one, the DJ and any representative of claimant if they bother to use one

[MIKE770]

Re: Proof of identity

follow court instruction regarding next move = always

[icrina53]

Re: Proof of identity

Received the call from the mediation service today, the case will be transferred to court and will receive a letter soon.
What do I need to do now? try to build a strong defense with dates , facts etc ? never been to court in my life

[MIKE770]

Re: Proof of identity

unsuitable for mediation they will state? no doubt once you say No

[icrina53]

Re: Proof of identity

Received the mediation email today. I cannot answer YES to all three questions as on the second one is asking me if I have enough information to enter the mediation process. As the have not provided a copy of the agreement or a copy of the T's &C's I ticked that question NO. Thant means that mediation cannot take place and it will go to court?.
I will be waiting for the mediation team to phone me and see what they're saying .
Will keep you updated.

[charitynjw]

Re: Proof of identity

Interesting.

We normally find that, once a defence is filed, the court directs the Claimant to reply within 28 days. (It's not an automatic requirement via CPR, but if the court so directs, it must be complied with).

Hopefully, given the previous strike-out, the court want to give them a slap for abuse of process. :fish:

If it were me I'd phone the court to see if there is any more/better info.

[icrina53]

Re: Proof of identity

From a quick skim-read, it would appear that you submitted a defence mid-July.

If you have heard/received nothing, perhaps you should phone the court to get a status update.

Yes submitted my defense on the 12th Of July. Heard nothing back until this week when I received a Notice of Proposed allocation to the small claims track along with a directions questionnaire. I also received a copy of the DQ from Lowells.
I have filled mine out today and sent a copy to the court and one to Lowells .

[charitynjw]

Re: Proof of identity

From a quick skim-read, it would appear that you submitted a defence mid-July.

If you have heard/received nothing, perhaps you should phone the court to get a status update.

[icrina53]

Re: Proof of identity

No feedback on my defence

- - - Updated - - -

Good morning Icrina,

The Small Claims Mediation Service will contact you and ask you some questions to determine if you can take part in a mediation appointment.
Most importantly they will ask if you have all the documents you need to be able to negotiate, if the agreement has not been supplied then the mediation is no likely to take place.

If this happens the claim will be transferred to your local county court for judges directions.

nem

As you know , the paperwork they sent me did not include an agreement or terms of the bank account , just the online application . I should wait for their phone call to see what is happening.

Thank you

[nemesis45]

Re: Proof of identity

Hello ,
Hope everybody is ok.
Just to give a quick update.
The claim has been allocated to the small track and had to fill in the N180 questionnaire. What should I expect now? will we go to court or mediation? never been this far with any claims in my life so not sure what's next.

Good morning Icrina,

The Small Claims Mediation Service will contact you and ask you some questions to determine if you can take part in a mediation appointment.
Most importantly they will ask if you have all the documents you need to be able to negotiate, if the agreement has not been supplied then the mediation is no likely to take place.

If this happens the claim will be transferred to your local county court for judges directions.

nem