What happens if claimant does not send documentation within 7 days of CPR???

[LJL]

Re: What happens if claimant does not send documentation within 7 days of CPR???

Hi,

I have just received a 'Notice of Proposed Allocation to the Small Claims Track'.

Do I need to accept this and go to mediation? Or can I just say no it's not the appropriate track....but they want me to explain what I believe is the appropriate track?

Can anyone help me? The claimant has not sent any documentation through (even though a CPR was sent) so in reality I am only guessing what the claim is for.

[LJL]

Re: What happens if claimant does not send documentation within 7 days of CPR???

Anyone??

[charitynjw]

Re: What happens if claimant does not send documentation within 7 days of CPR???

IMHO

For a £500ish simple money claim, Small Claims is the right track.

& 'yes' to mediation (the court will expect you to do so).

Not that it's going to happen, as the claimant/their sols have not yet disclosed the asked-for paper evidence (have they?)

[LJL]

Re: What happens if claimant does not send documentation within 7 days of CPR???

Thanks for the reply and advice.

No, I haven't received any paperwork from their solicitors (or them) only the letter confirming receipt of the request.

Doesn't make much sense to go to mediation when they haven't submitted any paperwork?

How long does this process take as they haven't done anything other than file for claim?

Thanks

[charitynjw]

Re: What happens if claimant does not send documentation within 7 days of CPR???

Normally the court (Northampton) would send you an acknowledgement of receipt of your defence, & tell you that the claimant has 28 days to reply.

If you haven't heard anything, if it were me, I'd phone the court to find out the 'status' of the claim.

Strange that you have notice of allocation, though.

[LJL]

Re: What happens if claimant does not send documentation within 7 days of CPR???

Thanks.

Is this the same for MCOL? I haven't checked status online (if there is such a thing). I will call them Monday to see what's going on. I did think it was a little odd that I hadn't heard or seen if there had been a reply from the claimant, but as this is completely new to me I'm not sure what to expect.

Many thanks again.

[LJL]

Re: What happens if claimant does not send documentation within 7 days of CPR???

Hi all,

The case went to mediation but one of the questions stated 'do you have enough evidence or information from the claimant to defend the claim?' As I have not received anything from the claimant (even after a CPR was sent) I had to put no. This meant that mediation was not the correct track and therefor the case is to go to court. What do I do next? Do I ask for this information from the claimant again???

Help needed please!

[LJL]

Re: What happens if claimant does not send documentation within 7 days of CPR???

ANYONE????