Please Help - not sure what to do next

[Kati]

Re: Please Help - not sure what to do next

Also having read a couple of threads on here... I am thinking/wondering that I may well get a call from mediation???

Probably

My question is this - on the off chance that this may be the case - how should I prepare for that call? I read a thread where the person in question basically said to the lady who was mediating that "they never received copy of agreement... default notice and notice of assignment and therefore cannot defend the claim" - would this be the right thing to say on the off chance that I am contacted by mediation?

You'll get a chance to tell the mediation 'team' that you have not received documents before the call (I believe) ... if that is the case, they will say that mediation can't go ahead :nod:

Have I waffled? Goodness - I do I must admit. Anyway if you can understand what I am trying to say and respond I will be very grateful ;0)

Thankyou

No worries - it happens to us all :lol: xx

[nemesis45]

Re: Please Help - not sure what to do next

Good Morning everyone... thankyou for all your help.

I try to read other posters/threads on here to get some insight.. and to try to learn. I got to admit it is all mind boggling and I end up having more questions :0)

Anyway - I know you are all real busy and any feedback you guys give is appreciated very much.

I have mailed recorded delivery the "mediation/small claims" letter from court.

Hoist never came back to me with the copies I requested way back when all this started - the agreement, default notice and notice of assignment... yet they are going through the small claims track??

Also having read a couple of threads on here... I am thinking/wondering that I may well get a call from mediation??? My question is this - on the off chance that this may be the case - how should I prepare for that call? I read a thread where the person in question basically said to the lady who was mediating that "they never received copy of agreement... default notice and notice of assignment and therefore cannot defend the claim" - would this be the right thing to say on the off chance that I am contacted by mediation?

Have I waffled? Goodness - I do I must admit. Anyway if you can understand what I am trying to say and respond I will be very grateful ;0)

Thankyou

Hello Pancho,

No documents means that if this doesn't change mediation cannot take place, the mediation service will advise on this when they call to set up an appointment.
It'll look good for you showing willingness to go to mediation.

This is court process Pancho it does not necessarily mean the claim will get to a hearing.

nem

[Pancho79]

Re: Please Help - not sure what to do next

Kati - thankyou
I hope that if I don't receive the documents that will be the case - the mediation cannot go ahead as I
am clueless what to say.
If the mediation does not go ahead - what then will likely happen?

- - - Updated - - -

ps - I do look at thread but if you had any links to threads that have info/experience on mediation would you forward them for me and I can read up on the matter - please xx

[Pancho79]

Re: Please Help - not sure what to do next

Nem - thankyou for your response xx

[Kati]

Re: Please Help - not sure what to do next

[MENTION=55034]nemesis45[/MENTION] knows the process better than I do ... but if mediation cannot take place due to lack of documents - despite you showing willingness (even if you don't really want to it looks good if you agree ) then I think the next bit would be the Directions Questionnaire (DQ). It'll come through the post and you fill it in and send it back.

Remember ... even if this gets as far as you receiving a court date, there's no certainty they will actually go to court (many of these cases go right to the wire before the claimant discontinues :sad. And we're with you every step of the way!!

[Amethyst]

Re: Please Help - not sure what to do next

Mediation - a lady from the court will phone you ( or you phone them as arranged ) - She'll ask a couple of questions to which you tell her you haven't had any documents from the claimant other than the claim form which isn't very clear - she'll say something like ' ahhh we get that all the time ' and that will be that , basically.

[nemesis45]

Re: Please Help - not sure what to do next

Nem - thankyou for your response xx

The mediation service cannot proceed if the claimant has not provided you with the documents upon which it intends to rely in court, as you would be at a great disadvantage.

nem

[Pancho79]

Re: Please Help - not sure what to do next

Good Morning

The smiley face is somewhat a lie.... Ive been real poorly this week. But never mind onwards and upwards... I was at work yesterday and when I got home... feeling like I saw my dog had got to mail before me. It was a first but all the same he took a chunk out of the attached letter.
I am pretty clueless what this letter is about and can only assume it is to do with the N180 which I last posted on here about directions etc...?
Anyway due to the great advice I got on here about phtoto copying and recorded delivery etc. I can with 100% confidence say that the N180 was posted to everyone it should have been and I sent them recorded delivery. Obvioulsy I have checked the royal mail and the N180 was delivered and signed for on 22nd March.
So I wonder if anyone can give me some feedback about this letter I received yesterday and what should I do??
Please forgive me if I am missing something as I really am not well at all and my head is all over the place.

Thankyou in advance

[Amethyst]

Re: Please Help - not sure what to do next

The Claimant hasn't returned theirs xxx You've done things right don't worry. If the other side don't file their questionnaire within 7 days their claim will be struck out ( ie you'll have won ) but don't count your chickens, these things are often later and even past the second chance deadline and somehow the court lets them get away with it... so see what happens and don't be worrying about it - t'is in your favour xxxxxx

[nemesis45]

Re: Please Help - not sure what to do next

Good Morning

The smiley face is somewhat a lie.... Ive been real poorly this week. But never mind onwards and upwards... I was at work yesterday and when I got home... feeling like I saw my dog had got to mail before me. It was a first but all the same he took a chunk out of the attached letter.
I am pretty clueless what this letter is about and can only assume it is to do with the N180 which I last posted on here about directions etc...?
Anyway due to the great advice I got on here about phtoto copying and recorded delivery etc. I can with 100% confidence say that the N180 was posted to everyone it should have been and I sent them recorded delivery. Obvioulsy I have checked the royal mail and the N180 was delivered and signed for on 22nd March.
So I wonder if anyone can give me some feedback about this letter I received yesterday and what should I do??
Please forgive me if I am missing something as I really am not well at all and my head is all over the place.

Thankyou in advance

Hello Pancho,

Sorry to hear you are unwell, the letter and order of the court made by an authorised officer of the court, the claimant has failed to complete and return the Directions Questionnaire and has been ordered to file within 7 days. If the claimant fails so to do the court will strike put the claim without further notice.
Nothing for you to do.

nem

- - - Updated - - -

Good Morning

The smiley face is somewhat a lie.... Ive been real poorly this week. But never mind onwards and upwards... I was at work yesterday and when I got home... feeling like I saw my dog had got to mail before me. It was a first but all the same he took a chunk out of the attached letter.
I am pretty clueless what this letter is about and can only assume it is to do with the N180 which I last posted on here about directions etc...?
Anyway due to the great advice I got on here about phtoto copying and recorded delivery etc. I can with 100% confidence say that the N180 was posted to everyone it should have been and I sent them recorded delivery. Obvioulsy I have checked the royal mail and the N180 was delivered and signed for on 22nd March.
So I wonder if anyone can give me some feedback about this letter I received yesterday and what should I do??
Please forgive me if I am missing something as I really am not well at all and my head is all over the place.

Thankyou in advance

Hello Pancho,

Sorry to hear you are unwell, the letter and order of the court made by an authorised officer of the court, the claimant has failed to complete and return the Directions Questionnaire and has been ordered to file within 7 days. If the claimant fails so to do the court will strike put the claim without further notice.
Nothing for you to do.

nem

- - - Updated - - -

Good Morning

The smiley face is somewhat a lie.... Ive been real poorly this week. But never mind onwards and upwards... I was at work yesterday and when I got home... feeling like I saw my dog had got to mail before me. It was a first but all the same he took a chunk out of the attached letter.
I am pretty clueless what this letter is about and can only assume it is to do with the N180 which I last posted on here about directions etc...?
Anyway due to the great advice I got on here about phtoto copying and recorded delivery etc. I can with 100% confidence say that the N180 was posted to everyone it should have been and I sent them recorded delivery. Obvioulsy I have checked the royal mail and the N180 was delivered and signed for on 22nd March.
So I wonder if anyone can give me some feedback about this letter I received yesterday and what should I do??
Please forgive me if I am missing something as I really am not well at all and my head is all over the place.

Thankyou in advance

Hello Pancho,

Sorry to hear you are unwell, the letter and order of the court made by an authorised officer of the court, the claimant has failed to complete and return the Directions Questionnaire and has been ordered to file within 7 days. If the claimant fails so to do the court will strike put the claim without further notice.
Nothing for you to do.

nem

[Pancho79]

Re: Please Help - not sure what to do next

Thankyou I feel so ill so atleast now I can have a rest day and not worry. Thanks for your quick response. :0)

Hope you have a good day x

[nemesis45]

Re: Please Help - not sure what to do next

Thankyou I feel so ill so atleast now I can have a rest day and not worry. Thanks for your quick response. :0)

Hope you have a good day x

Take care Pancho, I hope you feel
better soon!

nem

[Pancho79]

Re: Please Help - not sure what to do next

Eeeeek please help :0)

I received this letter this morning.

I have highlighted no3 of the 4 statements they ask you to look at.

Reason being when I started all this way back when - I followed the procedure and sent letters to Hoist and their solicitors asking for various documents CPr31.14 (default notice/ agreement/contract) which I did not receive nor did I receive copy of credit agreement from solicitors (which I sent the £1 postal order for)

I then sent my defence which was forwarded to these people and the only thing I have had back is a letter dated 18th Feb acknowledging my defence and saying they are retrieving documents.

As stated I have had nothing at all back from Hoist or their solicitors and therefore I wonder do I need to email mediation and mention that according to statement 3 I still have not got everything I need and all information requested to enable me to defend this and enter into negotiations?

I am not sure to be honest what is the next steps....

Any help etc would be appreciated and I thankyou all in advance.

x

[andi-leigh2]

Re: Please Help - not sure what to do next

Correct yes to small claims track Pancho.

The claimant is covered by the parent companies license.

nem

Nem, can you please explain to me your reckoning on how they can be covered by parent company licence. They are all separate legal entities in their own right, and as such must be individually authorised. That is quite clear in the various regulations.

[MIKE770]

Re: Please Help - not sure what to do next

that is the way they are covered, pointless exercise to try that area