Bw legal/ lowell

[charitynjw]

Re: Bw legal/ lowell

One of the questions you will likely be asked is whether any documentation which you have requested has been sent to you.
If 'no', it is not normally suitable for mediation, & if so, will be referred back to the court for further instruction.

[Mousey 66]

Re: Bw legal/ lowell

So if they haven't sent me all the paperwork I requested what happens then?

[Mousey 66]

Re: Bw legal/ lowell

As they didn't send me the default notices I requested does that mean it can't be sorted by mediation?

[warwick65]

Re: Bw legal/ lowell

As they didn't send me the default notices I requested does that mean it can't be sorted by mediation?

Hi

Well it all depends on what you want to do and just how much the claim is.

Some people may decide to use mediation to make it go away and make small (ish) offers in full and final settlement even through they know they have a chance of winning in court . Remember that being a LiP is hard work and you really need to lead the judge by the hand through the legal arguments - well if you think that many judges do not like 'debt avoiders' and are only looking at a way to keep the common folk in their place

Not sure how much your claim is for and just how important it is to you to avoid a CCJ . There is rarely a right or wrong answer and even rarer to find a one size fits all solution

[Mousey 66]

Re: Bw legal/ lowell

The original debt is for £591.82 which was run up by my ex having things delivered to his new address after we split up, he also did the credit agreement in my name on his pc, which is obviously why I begrudge paying it!

[Mousey 66]

Re: Bw legal/ lowell

Absolutely losing the will trying to get on MCOL website, it just keeps telling me my log in details are wrong. Ive checked in settings for my usernames and passwords and it is correct what Im entering but it wont let me in!!

[warwick65]

Re: Bw legal/ lowell

Hi
Are you using the Gov gateway username and password

It will be a long number and your password= not the one on the claim form

The claim will appear at the bottom of the page

[Mousey 66]

Re: Bw legal/ lowell

Yeah I'm using the one that was generated when I first went on and the password I put in myself.

[Diana M]

Re: Bw legal/ lowell

As they didn't send me the default notices I requested does that mean it can't be sorted by mediation?

No it doesn't prevent you from settling this at Mediation.

There's an assumption that you won't be 'allowed' to opt for Mediation if the Claimant hasn't produced all the documentation. That is not the case.

The wording on the Mediation question (at least on the last one I saw) goes: "confirm that I have 'enough information' about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment".

The question does NOT ask "have you got documents which are compliant with s77-79 CCA or a DN which complies with s 87(1) etc".

So if you have 'enough information' (not necessarily from the Claimant, it could be in your own files) to know what the claim is about then you can tick "YES" to Mediation.

Mediation is strictly confidential so at no time can the Claimant later raise the issue in court (or in their WS) if the Mediation fails and it goes to a hearing. They cannot say you told the Small Claims Mediation Service that you admitted they had complied with your CCA Request or that you were satisfied with their response to your CPR 31.14 Request.

If you want to Mediate you can (assuming the other side wants to as well).

Di

[Mousey 66]

Re: Bw legal/ lowell

I assume it's not worth me ringing again to ask why I was told it was stayed then received the forms?

[MIKE770]

Re: Bw legal/ lowell

seems to be the normal thing so No do not bother ringing

[Mousey 66]

Re: Bw legal/ lowell

Posted my form back to the court on Tuesday requesting mediation, any idea when I should expect to hear back from them?

[warwick65]

Re: Bw legal/ lowell

Hi could be a week or two could be longer, just depends on the court caseload etc

I think mine took a month or so

[Mousey 66]

Re: Bw legal/ lowell

Thanks for the speedy reply! Is there no time limit on how long they have to contact about this then?

[warwick65]

Re: Bw legal/ lowell

Sadly no but it is the court that does it not the claimants