** DiScOnTinUeD ** BC/Lowell V Kelike28 ** WON **

[kelike28]

Re: BC/Lowell V Kelike28

Amethyst could you take a look at my reply please? Thanks a mil

[kelike28]

Re: BC/Lowell V Kelike28

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Yes, another standard letter I'm afraid. File it with the rest. If it isn't a proper offer then the without prejudice bit has no relevance.

What's the consent order say?


Actually bit weird as their other letter said they wished to continue which they wouldnt send unless they knew you'd defended.

It does actually offer me an option to pay the full amount on the claim by instalments by me inserting an amount on the form to which I think I can afford.
The order had gaps to be filled in...
Before District judge on the day of sitting at CCBC
Upon the parties having agreed terms of settlement
By consent
It is ordered that all further proceedings in this action be stayed upon the terms set out in the schedule below blah blah blah
And it is further ordered that there be no order as to costs
Schedule
1 the claimant agrees to accept full sum and pay by instalments
2 the claimant agrees not to enter judgement if above is maintained
3 will be at liberty to enter judgement if balance remains unpaid

[Amethyst]

Re: BC/Lowell V Kelike28

Yes, another standard letter I'm afraid. File it with the rest. If it isn't a proper offer then the without prejudice bit has no relevance.

What's the consent order say?


Actually bit weird as their other letter said they wished to continue which they wouldnt send unless they knew you'd defended.

[kelike28]

Re: BC/Lowell V Kelike28

lol, dickheads, well keep the emails, shows you acted properly and they didn't, and wait for the court to come back to you, next step should be the allocation/directions questionnaire.

Hi

I've just had another letter through the post, it is headed without prejudice, then says the court have notified them of my defence butt hey are hoping we can agree this matter without the need for a court hearing, if they do not hear from me they will apply to the court to strike out my defence at hearing which will result in further costs for me. They have also included a consent order for me to fill in. Obviously i wont. Is this another standard letter?????
Thanks v muchly folks

[kelike28]

Re: BC/Lowell V Kelike28

Nothing to worry about for you, its a very simple 2 page with no questions that will cause you any trouble basically asking if you are willing to seek mediation and that you agree to the allocated track the case will be assigned to

onlyme

Thanks onlyme. Hopefully that will come soon so I can stop fretting and hopefully get something sorted.

[ohitsonlyme]

Re: BC/Lowell V Kelike28

Nothing to worry about for you, its a very simple 2 page with no questions that will cause you any trouble basically asking if you are willing to seek mediation and that you agree to the allocated track the case will be assigned to

onlyme

[kelike28]

Re: BC/Lowell V Kelike28

lol, dickheads, well keep the emails, shows you acted properly and they didn't, and wait for the court to come back to you, next step should be the allocation/directions questionnaire.

What does the questionnaire entail? Is it a head ache to fill in?

[Amethyst]

Re: BC/Lowell V Kelike28

lol, dickheads, well keep the emails, shows you acted properly and they didn't, and wait for the court to come back to you, next step should be the allocation/directions questionnaire.

[kelike28]

Re: BC/Lowell V Kelike28

I emailed my reply to BC and got this back

As you will be aware a Claim has been issued in this matter and we are in receipt of your Defence.
*
Due to the sums claimed this matter will properly be allocated to the Small Claims Track where pre action disclosure is not required.
*
Evidence will be provided by the Claimant in accordance with directions received from the Court.

[kelike28]

Re: BC/Lowell V Kelike28

Standard BC letter.

I think I'd respond with a very brief response acknowledging their desire to save costs and reminding them they haven't supplied you with any documents under your CPR or CCA requests for documents.

You should receive the directions/allocation questionnaire next.

Does this letter still need to be sent recorded?

[kelike28]

Re: BC/Lowell V Kelike28

Standard BC letter.

I think I'd respond with a very brief response acknowledging their desire to save costs and reminding them they haven't supplied you with any documents under your CPR or CCA requests for documents.

You should receive the directions/allocation questionnaire next.

ok i see, thanks for reply, im on it now...

what is the directions/allocations questionnaire all about?

[kelike28]

Re: BC/Lowell V Kelike28

I am running a few days in front of you
Same tactics so I've bounced it back to them

Onlyme

I may take a look through your thread when i have a mo. Is your situation similar to mine?

[Amethyst]

Re: BC/Lowell V Kelike28

Standard BC letter.

I think I'd respond with a very brief response acknowledging their desire to save costs and reminding them they haven't supplied you with any documents under your CPR or CCA requests for documents.

You should receive the directions/allocation questionnaire next.

[ohitsonlyme]

Re: BC/Lowell V Kelike28

I am running a few days in front of you
Same tactics so I've bounced it back to them

Onlyme

[kelike28]

Re: BC/Lowell V Kelike28

File it with your other papers, they are trying to get a payment arrangement out of you but since they still haven't produced docs you should just stand your ground and wait

Yes I thought that would be the case. Having had help from yourself tigger74 and this site I think I am in a better position had I gone it alone and can only thank you all immensely. So just wait to hear from Court and not reply to this?