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

[Tigger74]

Re: BC/Lowell V Kelike28

We're not doing the N244 application for small claims because, basically, the courts aren't dealing with them properly (in our view), unless you happen to have the £155 and can afford to lose it, but you should still file a defence as well.

Amethyst, it is true to say that to get an order with a hearing is £155 however CCBC are happy to deal with the N244 without a hearing which is £50 and I don't see how the courts are not dealing with them properly? Having just gone down this route I can only recommend it, I have had a much swifter outcome (BC dropped the case 2 days before the Directives Order expired) and they have now paid my costs.

Can an application to provide docs be submitted after defence has been submitted

I submitted my N244 3 weeks after I had submitted my defence, if I had just relied on the defence I would still be waiting as it was only just about to be transferred to my local court

[Amethyst]

Re: BC/Lowell V Kelike28

After defence and before allocation should be okay although there's the issue of CPR 31.14 not applying in small claims track. The problem is the Judges are so varied in handling these applications. Our thoughts are the 31.14 should go in before defence, as you are asking for information to enable you to defend or admit the debt. We've had a couple people go into court for application hearings to be told they should enter a defence and wait for allocation to enter the application - and be threatened with costs - which seems bananas to me because 31.14 is excluded from small claims so its going to be a waste of an application. And we've had people go with just a defence and have very similar orders back for the claimant to provide inspection of the documents. As well as having people go with just the application, who get the order, non compliance and case struck out. Its a bit too variable to use it as a standard response to a moneyclaim with vague POC's. It is being discussed all over the shop (forum even) and you have to look at each case individually and take the defendants own circumstances into account where possible.

[kelike28]

Re: BC/Lowell V Kelike28

After defence and before allocation should be okay although there's the issue of CPR 31.14 not applying in small claims track. The problem is the Judges are so varied in handling these applications. Our thoughts are the 31.14 should go in before defence, as you are asking for information to enable you to defend or admit the debt. We've had a couple people go into court for application hearings to be told they should enter a defence and wait for allocation to enter the application - and be threatened with costs - which seems bananas to me because 31.14 is excluded from small claims so its going to be a waste of an application. And we've had people go with just a defence and have very similar orders back for the claimant to provide inspection of the documents. As well as having people go with just the application, who get the order, non compliance and case struck out. Its a bit too variable to use it as a standard response to a moneyclaim with vague POC's. It is being discussed all over the shop (forum even) and you have to look at each case individually and take the defendants own circumstances into account where possible.

Hi Amethyst,

Received letter today from BC stating" L wish to proceed with the claim at this time, and they also agree in principe to mediation", then ending " we should also be grateful to hear from you in relation to without prejudice negotiations" no signs of anything asked for in my original request to them.

[kelike28]

Re: BC/Lowell V Kelike28

Any ideas please

[Tigger74]

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

[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?

[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

[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.

[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?

[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

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

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.

[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

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?

[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