Bw legal/ lowell

[Mousey 66]

Re: Bw legal/ lowell

So it will definately go ahead at some point then? Oh well suppose its better than going to court!

[Diana M]

Re: Bw legal/ lowell

Is there no time limit on how long they have to contact about this then?

The Small Claims Court Mediation Service has a target of 28 days to arrange (and carry out) the Mediation appointment starting from when it's passed to them.

Di

[Mousey 66]

Re: Bw legal/ lowell

What happens if I haven't heard anything in that time?

[Mousey 66]

Re: Bw legal/ lowell

Received a DQ from BW today it says they look forward to hearing from me do I have to send them anything?? They have also filled in the second page, where it asks if they agree to the small claims track, they ticked yes, also asks about expert evidence which they ticked no, witnesses they put TBC, and an allocation fee unless proceeding on a counterclaim which they ticked they havent included any payment with the form, its signed Bwlegal.

[Mousey 66]

Re: Bw legal/ lowell

Can anyone tell me if what theyve sent me is correct? The first page of the letter has a payment slip on the reverse are they still hoping I'll pay them the whole amount to avoid it going any further?

[warwick65]

Re: Bw legal/ lowell

You should get a DQ from the court for you to fill in. have a look on MCOL to see if one has been sent yet although it may take a day or two and will be sent after the court received theirs. When you do, fill in it and send one copy to the court and one copy to the claimants solicitors

[Mousey 66]

Re: Bw legal/ lowell

I got one and sent it back to the court on Tuesday, I only got one though so how do I send one to BW??

[warwick65]

Re: Bw legal/ lowell

It's OK. The court should send it to them

[charitynjw]

Re: Bw legal/ lowell

It's OK. The court should send it to them

Morning, Warwick.
Strictly speaking, copies of completed DQs should be served on all other parties as well as being filed at court.
CPR 26.3(b)(ii)
https://www.justice.gov.uk/courts/pr...es/part26#26.3

[Mousey 66]

Re: Bw legal/ lowell

So I assume the copy DW sent me is correct and it's normal procedure to have a payment slip on the reverse of the first page?

[warwick65]

Re: Bw legal/ lowell

I don't know for certain but I imagine BW will have sent you a copy and just added a payment slip in there hoping for tea and cakes on you

If you are worried call the court and ask them about what you sent them.

Did you keep a copy of your DQ ?

Just a note for future, always but always keep copies of what you send - this would be really important if you get to witness statements as you would look a right plonker saying to a judge- oops I'm sorry i forgot what i wrote in my statement:-)

[Mousey 66]

Re: Bw legal/ lowell

I didn't keep a copy and I only ticked that I agree to mediation didn't fill any witness statement in didn't know I was meant to?

[warwick65]

Re: Bw legal/ lowell

I didn't keep a copy and I only ticked that I agree to mediation didn't fill any witness statement in didn't know I was meant to?

Don't worry, witness statements are further down the line so you haven't messed up - at least from what I can say without actually seeing the forms.

I was just making the point as to why it will be important to keep copies in the future

[Diana M]

Re: Bw legal/ lowell

I only ticked that I agree to mediation didn't fill any witness statement

Did you complete the whole DQ form entering the name of your local county court, any dates you may be unavailable for a court a hearing (holiday/hospital appointment etc), that you would be attending the hearing in person and so on?

Di

[Mousey 66]

Re: Bw legal/ lowell

No I didn't fill any of that in as I opted for mediation, didn't know I had to?