Please Help - not sure what to do next

[Pancho79]

Re: Please Help - not sure what to do next

Hello I wonder if Nemisis or Amethyst is around and they can advise me.???

Checking the letter they have given me a day that they will ring so......Ive gone back on the thread and am fairly sure I would be right to let the mediation service know via email that Ive not received all the documentation I requested way back when... and therefore am not equipped with the information and paperwork I require to negotiate...

Would this be correct?

Grateful for any feedback.

Thankyou :tinysmile_twink_t2:

[andi-leigh2]

Re: Please Help - not sure what to do next

How ??? What FCA direction / guidance specifically states this ?

[nemesis45]

Re: Please Help - not sure what to do next

Hello I wonder if Nemisis or Amethyst is around and they can advise me.???

Checking the letter they have given me a day that they will ring so......Ive gone back on the thread and am fairly sure I would be right to let the mediation service know via email that Ive not received all the documentation I requested way back when... and therefore am not equipped with the information and paperwork I require to negotiate...

Would this be correct?

Grateful for any feedback.

Thankyou :tinysmile_twink_t2:

Yes if you can't answer the 4 questions asked by the mediator e.g. do have all the documents etc. yes tell them,

nem

[Pancho79]

Re: Please Help - not sure what to do next

Good morning… I amoff to work in a mo and have re read the letter I received yesterday. They say they prefer e mail. It is my intention to do that but also tomake a hard copy and send that recorded delivery just to cover my back.
I wondered if I let you guys know “roughly” what I feel Ishould write in this email would someone take a look and let me know if youthink its suitable. I would be really grateful as I am keen to try to get thisoff before the weekend.
Sorry if it appears rushed as I literally have only 20minutes before I have to get to work and I wont be back till after 6 tonight, Iwill finish it and tweak it tonight with a view to getting it emailed andmailed tomorrow.
Thankyou very much in Advance for any help :0)

** So in letteryesterday they gave statements and saidif I can answer “yes” to all 4 statements however statement 3 says “I canconfirm that I have enough information about the claim to allow me to enterinto negotiations and that I do not require any further evidence from the otherparty before the appointment”

As I have said in previous post I cannot answer “yes” topoint 3 as I never received all evidence etc that I requested, so I waswondering if email/letter below would be suitable…

NameAddress

“CASE NUMBER ETC”

I (name) have received small claims mediation letter dated19^th April and wish to point out that I cannot answer “yes” to statement“3” set out in letter.

I requested on 13/01/2016 from the claimant documents under CPR 31.14. I received a letter back dated 19/01/2016confirming receipt of my letter/request. But did not receive documents requested.
I also requested on 13/01/2016 from claimants solicitors underthe consumer credit agreement 1974 (section 77 -79) a copy of our credit agreement. I did not receive this document.
A defence was submitted and letter received from court on 4^thFebruary to confirm this.
I received a letter back dated 18^th February 2016from Claimants solcitors confirming the request for documents under CPR31.14.
To date, 21^st April 2016 I have yet to receive documentsunder CPR31.14 from the Claimant, which were originally requested on 13^thJanuary 2016.

To date I have yet to receive copy of credit agreement that was requested under consumer credit act 1974 from the claimants solicitors.

It is therefore my understanding that I cannot answer “yes”to statement 3 and therefore wonder if mediation is suitable.

Yours sincerely

- - - Updated - - -

I have just read the above post - it does seem rushed but as I say Ill tweak it tonight - just appreciate in anyone ( Nem and Amethyst ) will take a look and best advise me..

Work now...
Thanks guys xx

[Pancho79]

Re: Please Help - not sure what to do next

Lunchtime :0) has anyone had chance to check my "rough draft" letter?
Thankyou x

[nemesis45]

Re: Please Help - not sure what to do next

Good morning… I amoff to work in a mo and have re read the letter I received yesterday. They say they prefer e mail. It is my intention to do that but also tomake a hard copy and send that recorded delivery just to cover my back.
I wondered if I let you guys know “roughly” what I feel Ishould write in this email would someone take a look and let me know if youthink its suitable. I would be really grateful as I am keen to try to get thisoff before the weekend.
Sorry if it appears rushed as I literally have only 20minutes before I have to get to work and I wont be back till after 6 tonight, Iwill finish it and tweak it tonight with a view to getting it emailed andmailed tomorrow.
Thankyou very much in Advance for any help :0)

** So in letteryesterday they gave statements and saidif I can answer “yes” to all 4 statements however statement 3 says “I canconfirm that I have enough information about the claim to allow me to enterinto negotiations and that I do not require any further evidence from the otherparty before the appointment”

As I have said in previous post I cannot answer “yes” topoint 3 as I never received all evidence etc that I requested, so I waswondering if email/letter below would be suitable…

NameAddress

“CASE NUMBER ETC”

I (name) have received small claims mediation letter dated19^th April and wish to point out that I cannot answer “yes” to statement“3” set out in letter.

I requested on 13/01/2016 from the claimant documents under CPR 31.14. I received a letter back dated 19/01/2016confirming receipt of my letter/request. But did not receive documents requested.
I also requested on 13/01/2016 from claimants solicitors underthe consumer credit agreement 1974 (section 77 -79) a copy of our credit agreement. I did not receive this document.
A defence was submitted and letter received from court on 4^thFebruary to confirm this.
I received a letter back dated 18^th February 2016from Claimants solcitors confirming the request for documents under CPR31.14.
To date, 21^st April 2016 I have yet to receive documentsunder CPR31.14 from the Claimant, which were originally requested on 13^thJanuary 2016.

To date I have yet to receive copy of credit agreement that was requested under consumer credit act 1974 from the claimants solicitors.

It is therefore my understanding that I cannot answer “yes”to statement 3 and therefore wonder if mediation is suitable.

Yours sincerely

- - - Updated - - -

I have just read the above post - it does seem rushed but as I say Ill tweak it tonight - just appreciate in anyone ( Nem and Amethyst ) will take a look and best advise me..

Work now...
Thanks guys xx

Pancho.

If you can't answer all 4 questions with a yes the mediator will decline yo continue, what you have written is a witness statement more than anything a simple no I can't answer all 4 questions is all you need to say.

nem

[Pancho79]

Re: Please Help - not sure what to do next

Ok Nem - it is a habit of mine - that I feel I have to write long winded explainations. Thankyou for your response.

Pancho x

[nemesis45]

Re: Please Help - not sure what to do next

Ok Nem - it is a habit of mine - that I feel I have to write long winded explainations. Thankyou for your response.

Pancho x

If you can write a witness statement when needed along those lines it 'll be good.

nem

[Pancho79]

Re: Please Help - not sure what to do next

Good Morning

In this letter the court sent they said they would ring within 8 days to ask if I can agree to all the terms.. I cannot as I have said - I don't have all the evidence that I have asked for from Hoist etc...

I just wondered instead of waiting for them to phone would a quick email stating that "I cannot answer "yes" to the statements" would be ok.?

Its just that today for example I am working all day and have to take a work based course - I don't want them to ring today for example and I cannot answer phone as it has to be switched off.

Thankyou Pancho

[Kati]

Re: Please Help - not sure what to do next

Good Morning

In this letter the court sent they said they would ring within 8 days to ask if I can agree to all the terms.. I cannot as I have said - I don't have all the evidence that I have asked for from Hoist etc...

I just wondered instead of waiting for them to phone would a quick email stating that "I cannot answer "yes" to the statements" would be ok.?

Its just that today for example I am working all day and have to take a work based course - I don't want them to ring today for example and I cannot answer phone as it has to be switched off.

Thankyou Pancho

It's gotta be worth a try at least Pancho xx

[Pancho79]

Re: Please Help - not sure what to do next

Done :0) Kati.... thankyou for your speedy response by the way.

Pancho x

[nemesis45]

Re: Please Help - not sure what to do next

Good Morning

In this letter the court sent they said they would ring within 8 days to ask if I can agree to all the terms.. I cannot as I have said - I don't have all the evidence that I have asked for from Hoist etc...

I just wondered instead of waiting for them to phone would a quick email stating that "I cannot answer "yes" to the statements" would be ok.?

Its just that today for example I am working all day and have to take a work based course - I don't want them to ring today for example and I cannot answer phone as it has to be switched off.

Thankyou Pancho

Yes you can do that Pancho, but I expect they will phone anyway to give you a chance to mediate if the documents have been supplied.

nem

[Pancho79]

Re: Please Help - not sure what to do next

Hello Nem

Thankyou for your response. Today they can try to phone but for best part of day I wont be able to answer... so I sent them email as I don't want them to think I am being difficult. :tinysmile_twink_t2:

As for documents - they never sent them (they being Hoist and their Solicitors) when I requested... they did acknowledge my letter and said in response to court letter that they were attempting to locate documents.

Is it safe for me to assume that without these documents... CPR31.14 etc and credit agreements etc that it will be hard for me to mediate?

I don't want to appear to be putting blocks up and being hard work.... if you know what I am saying (nudge nudge) but I thought that without all these things I requested way back when then I cannot state my case and cannot mediate?

Again this is rushed as I am off to work in 5....

Hope you all have a good day and if you have any thoughts to this rushed bit of writing I would be as always grateful to hear what advice or thoughts you have.

Thankyou ever so much Pancho x

[nemesis45]

Re: Please Help - not sure what to do next

Hello Nem

Thankyou for your response. Today they can try to phone but for best part of day I wont be able to answer... so I sent them email as I don't want them to think I am being difficult. :tinysmile_twink_t2:

As for documents - they never sent them (they being Hoist and their Solicitors) when I requested... they did acknowledge my letter and said in response to court letter that they were attempting to locate documents.

Is it safe for me to assume that without these documents... CPR31.14 etc and credit agreements etc that it will be hard for me to mediate?

I don't want to appear to be putting blocks up and being hard work.... if you know what I am saying (nudge nudge) but I thought that without all these things I requested way back when then I cannot state my case and cannot mediate?

Again this is rushed as I am off to work in 5....

Hope you all have a good day and if you have any thoughts to this rushed bit of writing I would be as always grateful to hear what advice or thoughts you have.

Thankyou ever so much Pancho x

Hello Pancho,

It would be unreasonable/unfair for you to go into mediation without the documents especially if the claimant May have them it's an unfair situation.

If the claimant remains unable to comply with the CCA request the debt is unenforceable until the agreement is supplied..

Have a good day!

nem

[Pancho79]

Re: Please Help - not sure what to do next

Good evening

I sent an email to court stating that I could not answer "yes" to all the statements.

It was my understanding that if this was the case then mediation would not take place.. especially as the statement I am referring to is the one about not receiving all the documents etc

Surely to enable me to be able to state my case, defend myself or negotiate I need the documents that I requested (that is cpr31.14 etc etc)

So I am wondering what next?

Do I simply wait till the day of the phonecall/mediation and tell them once again that I have not received the documents?

Surely they cannot force this, as Nem said it would be unfair and the debt is unenforceable without the agreement etc?

Any thoughts once again appreciated

Pancho xx