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

[kelike28]

Re: BC/Lowell V Kelike28

Tell you what, these new Debt pre action protocols are flaming well overdue.

Aren't they just.

Tbf they didn't even want to call the other side. Said no point if there is nothing to discuss from my side in way of negotiations due to lack of info requested. I said should I call BC again today to request again but she said no point. Sure I'd have been sent it already.

[Amethyst]

Re: BC/Lowell V Kelike28

Tell you what, these new Debt pre action protocols are flaming well overdue.

[Amethyst]

Re: BC/Lowell V Kelike28

Nice one well done.

Kafka or Kelkie - You don't fancy typing out a little 'guide' to how the mediation works ? who calls who etc, as I get asked a lot, and I only know what people have mentioned on posts on here.


If they fail to send you any documents then they can't get a judgment, but they might still push it to the hearing. Usually they pull out at the 11th hour.

We'll put your witness statement in 14 days before the hearing which will list everything you have sent and received from them since the claim and hopefully result in a strike out, or at least a directions order with sanctions before the hearing.

[kelike28]

Re: BC/Lowell V Kelike28

I have done the mediation and its exactly as described. It was frankly a waste of time though as they tried to fob me off with next-to-nothing (I was claiming charges from them). The purpose of this is to try to settle without need for further litigation, but if mediation fails then you carry on.
It really would be a waste of time if they are non compliant I think.

Yes. The Mediation lady said I just need to attend court now. What if they send me no docs 14 days prior to the hearing ad power the judges order? Does this go against them... Wil it still go ahead?

[Kafka]

Re: BC/Lowell V Kelike28

I have done the mediation and its exactly as described. It was frankly a waste of time though as they tried to fob me off with next-to-nothing (I was claiming charges from them). The purpose of this is to try to settle without need for further litigation, but if mediation fails then you carry on.
It really would be a waste of time if they are non compliant I think.

[kelike28]

Re: BC/Lowell V Kelike28

The Mediation people.... it's a phone call tennis thing - I've never done one so only know what people have fed back to me on here - but I believe you sit by your phone and the mediator takes turns in ringing each of you and asking questions - You tell her/him that BC/Lowell haven't provided you with ANY documents backing up their claim despite requests and you need those documents to check the claim is valid before you can enter any negotiations.

Just spoke with a lovely girl at mediation... Why can't all phone calls be that nice. She decided to put note on the case file that due to no agreement from other side even with months and numerous requests that I can't negotiate anything because of this so mediation not called for.

[Amethyst]

Re: BC/Lowell V Kelike28

The Mediation people.... it's a phone call tennis thing - I've never done one so only know what people have fed back to me on here - but I believe you sit by your phone and the mediator takes turns in ringing each of you and asking questions - You tell her/him that BC/Lowell haven't provided you with ANY documents backing up their claim despite requests and you need those documents to check the claim is valid before you can enter any negotiations.

[kelike28]

Re: BC/Lowell V Kelike28

From the docs you sent me it says there is a hearing and that you have to provide documents at least 14 days before and it will last 1.5 hrs.

You won't get into the hearing without them having supplied the CCA (if BC are true to form) so I wouldn't be stressing too much xx They will take it as far as they can hoping you bottle out.

Yes give the mediation peeps a call and set that up, your side will basically be ' do you have the agreement, I can't negotiate anything without it as I need to know the terms of the agreement and how the balance is made up' etc

If they say they have the agreement and will email it to you (they did that with someone else) ask the mediator to adjourn the mediation so you can assess the agreement and take advice.

Amethyst do you mean I ask Bryan Carter about the agreement or mediation people?

[kelike28]

Re: BC/Lowell V Kelike28

From the docs you sent me it says there is a hearing and that you have to provide documents at least 14 days before and it will last 1.5 hrs.

You won't get into the hearing without them having supplied the CCA (if BC are true to form) so I wouldn't be stressing too much xx They will take it as far as they can hoping you bottle out.

Yes give the mediation peeps a call and set that up, your side will basically be ' do you have the agreement, I can't negotiate anything without it as I need to know the terms of the agreement and how the balance is made up' etc

If they say they have the agreement and will email it to you (they did that with someone else) ask the mediator to adjourn the mediation so you can assess the agreement and take advice.

Ok perfect. Sounds like tip top advice once again. Will do tomoz and post up later or early next week. Thanks again. X

P.S no bottling it...even if docs appear I'm going all the way. Billy bullies need stopping in their tracks and to abide by rules more!!

[kelike28]

Re: BC/Lowell V Kelike28

Okay not sure what that meant then lol, but yes, the judge has decided you should have a go at mediating, then you have to do witness statements 14 days before the hearing which he's listed for an hour and a half.

So we can be working on the witness statement soon as you've dealt with the mediation.

You've still not had the CCA have you?

Nope. Had nothing at all. So there is a hearing? Confused. I thought there was then wasn't but now there is lol. Ok then. Getting nervous.

[Amethyst]

Re: BC/Lowell V Kelike28

From the docs you sent me it says there is a hearing and that you have to provide documents at least 14 days before and it will last 1.5 hrs.

You won't get into the hearing without them having supplied the CCA (if BC are true to form) so I wouldn't be stressing too much xx They will take it as far as they can hoping you bottle out.

Yes give the mediation peeps a call and set that up, your side will basically be ' do you have the agreement, I can't negotiate anything without it as I need to know the terms of the agreement and how the balance is made up' etc

If they say they have the agreement and will email it to you (they did that with someone else) ask the mediator to adjourn the mediation so you can assess the agreement and take advice.

[kelike28]

Re: BC/Lowell V Kelike28

Shall I sort mediation tomorrow or hang fire a min?

[kelike28]

Re: BC/Lowell V Kelike28

Okay not sure what that meant then lol, but yes, the judge has decided you should have a go at mediating, then you have to do witness statements 14 days before the hearing which he's listed for an hour and a half.

So we can be working on the witness statement soon as you've dealt with the mediation.

You've still not had the CCA have you?

Nope. Had nothing at all. So there is a hearing? Confused. I thought there was then wasn't but now there is lol. Ok then. Getting nervous.

[Amethyst]

Re: BC/Lowell V Kelike28

Ps judge decided on no hearing

Okay not sure what that meant then lol, but yes, the judge has decided you should have a go at mediating, then you have to do witness statements 14 days before the hearing which he's listed for an hour and a half.

So we can be working on the witness statement soon as you've dealt with the mediation.

You've still not had the CCA have you?

[kelike28]

Re: BC/Lowell V Kelike28

Yes email it to me, the sites not taking attachments at the moment (I'm hoping that will be sorted overnight with the server upgrade)

email admin@legalbeagles.info

Thanks. Have just sent. Xx