Proof of identity

[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

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

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

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.

[MIKE770]

Re: Proof of identity

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

[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

follow court instruction regarding next move = always

[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

[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 ,

[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

[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;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;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;700246]

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 .

Just statements?
No Credit agreement?
nem

[icrina53]

Re: Proof of identity

[QUOTE=nemesis45;700247]

Just statements?
No Credit agreement?
nem

Is a list of transactions the first one being dated nov 2010 , the credit card was taken out oct 2009