Court Summons

[Andy Thomas]

Re: Court Summons

Hi Charity,

Hope you are well, I just wanted to bring you up to date with the case.
We have received a notice of allocation to the Small Claims Track, and they have requested a completion of a directions questionnaire.
Do we have the chance to request any other evidence from CEL with this, or does this then mean it goes to arbitration, and possibly a court hearing.
Kind regards, Andy

[jaguarsuk]

Re: Court Summons

Hi Charity,

Hope you are well, I just wanted to bring you up to date with the case.
We have received a notice of allocation to the Small Claims Track, and they have requested a completion of a directions questionnaire.
Do we have the chance to request any other evidence from CEL with this, or does this then mean it goes to arbitration, and possibly a court hearing.
Kind regards, Andy

Hi Andy

The DQ really is you just agreeing to mediation, choosing which court you want to have a hearing in and giving the MoJ all the pertinent information they need to move the matter along.

There are Civil Procedure Rules that can be used to obtain any documents stated in the Particulars of Claim or to ask questions of the claimant, but they'll have to send you all of their documents/photos they intend to rely on 14 days before a hearing and you will have to do the same.

I'd agree to mediation, it makes you look reasonable and that you view court as the last resort.

When you send the DQ off make sure you send a copy both to the court and the claimant.

[Andy Thomas]

Re: Court Summons

Hi, (Apologies, I don't have your name)
Many thanks for your reply, and the information was of great help.
I have sent the DQ and as you mentioned also sent a copy to CEL, both recorded delivery.
It would be nice to have some common sense on the matter, as we have had no reasonable responses at all from CEL.
I will keep you posted on the outcome, Thanks again for your help, and thanks to Charity for his work in the matter.
Kind Regards, Andy

[jaguarsuk]

Re: Court Summons

Hi, (Apologies, I don't have your name)
Many thanks for your reply, and the information was of great help.
I have sent the DQ and as you mentioned also sent a copy to CEL, both recorded delivery.
It would be nice to have some common sense on the matter, as we have had no reasonable responses at all from CEL.
I will keep you posted on the outcome, Thanks again for your help, and thanks to Charity for his work in the matter.
Kind Regards, Andy

Hi Andy

Unfortunately Common Sense and Reasonable behaviour seem to fly out the window when it comes to court matters with companies in my experience.

I am the claimant in a matter to be heard on 8th Sept and I have been appealing to the defendant for common sense; and to settle for nearly two years now. The crazy thing is that with their defence they submitted documentation strengthening my case and most recently in submitting their witness statement they sent me a document which proves the only point I couldn't, so essentially have ensured I can be confident with 100% of my claim. It's absolute madness, but they seem intent on actually going to court even though it'll end with them paying further costs and expenses if I'm successful.

My personal view is that companies think they can bully individuals. In my instance they keep telling me that if my claim fails they'll pursue me for their costs, but if I withdraw now they'll just let it go and that's a blatant attempt at scaring me into giving up. I think they'll settle with me on the morning of the hearing just before going in when they realise the scare tactics haven't worked.

Keep us all updated, as we'll be able to help you ate the next stage too. Next you should receive communication about mediation if CEL agree to it and if not a "General Order or Judgement Form" from the court you have chosen to defend the claim in, that will detail when the hearing will take place etc.

Kind Regards
Jag

[Andy Thomas]

Re: Court Summons

Hi Jag,

Many thanks for your e-mail and I agree with your thoughts, common sense seems to go unnoticed with some people. I also agree with you regarding bullying. I think some companies are quite happy to use these tactics, and don't seem to care.
My father in law had a great phrase about common sense, which was it was the "least common" of all senses, which about sums it up.

I appreciate your advice on the matter, and the help from the team. I will keep you posted with the next stage and I hope you have success on the 8th with your own case.

Thanks again to all,
Kind regards,
Andy

[Andy Thomas]

Dear Charity / Ostell,

Many thanks for your you kind assistance in dealing with this matter. In the end I settled at £115, which was better than the £300, which is still to much, but done with. Apologies if I have responded late as we have had family matters to deal with.

Kind regards,

Andy Thomas

[charitynjw]

Dear Charity / Ostell,

Many thanks for your you kind assistance in dealing with this matter. In the end I settled at £115, which was better than the £300, which is still to much, but done with. Apologies if I have responded late as we have had family matters to deal with.

Kind regards,

Andy Thomas

Was this via Mediation Service (court)?

[Andy Thomas]

Dear Charity / Ostell,

Many thanks for your you kind assistance in dealing with this matter. In the end I settled at £115, which was better than the £300, which is still to much, but done with. Apologies if I have responded late as we have had family matters to deal with.

Kind regards,

Andy Thomas

Yes, this was done through the mediation service, who were helpful.
KR, Andy