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

[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

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?

[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.

[Amethyst]

Re: BC/Lowell V Kelike28

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

[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.

[Kafka]

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.

I'll do something later

[Amethyst]

Re: BC/Lowell V Kelike28

Cheers babe xx

[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?

Morning

Just getting prepared so have printed order of events. What would be my starting page and do I end with my witness statement? If poss can you advise me on this. Thanks

[Amethyst]

Re: BC/Lowell V Kelike28

This is the CPR application example which should get you started xx




IN THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:

XXXXXXXXXX

Claimant

- and –

Defendant

XXXXXXXXXX

_________________________________

WITNESS STATEMENT OF xxxxxxxxxxxxxxxxxxxxxx
_________________________________

I XXXXXXXXXX of XXXXXXXXXX address XXXXXXXXXX being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of my defence in the claim.

3. On XXXXXXXXXX 2014 I made a written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case.[EXHIBIT A]

4. The Claimants claim is based upon the Defendants alleged breach of contract and therefore the contract is entirely central to the Claimants case.

5. CPR Rule 31.15 requires that documents are provided within 7 days from receipt of a written request. The Claimant has failed to provide any of the documents mentioned in its claim form.

6. On XXXXXXXXXX , I contacted the Claimants by telephone/in writing ....summarise what was said and/or attach [EXHIBITS] and repeated my request for copies of documents pursuant to CPR 31.14. I also sought an extension of time for filing my defence to the Claim in accordance with CPR 15.5.

Add in any further contact between yourself and the Claimants here and attach written documents as EXHIBITS

7. The Claimant has mentioned the credit Agreement, the default Notice and the assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents.

10. The Claimants pleaded case is that the Defendant entered into an agreement with XXXXX Original Creditor XXXX under account reference XXXXXXXXXXXX. I am uncertain as to which account this refers to. It is accepted that I have had banking products with XXXXX Original Creditor XXXX in the past however the account number given does not relate to any information I have, therefore it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify to what the claim refers.

11. I therefore ask that the Court orders the Claimant to provide copies of the documents .... xxxx

Statement of Truth

I, XXXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

Dated:

[kelike28]

Re: BC/Lowell V Kelike28

This is the CPR application example which should get you started xx




IN THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:

XXXXXXXXXX

Claimant

- and –

Defendant

XXXXXXXXXX

_________________________________

WITNESS STATEMENT OF xxxxxxxxxxxxxxxxxxxxxx
_________________________________

I XXXXXXXXXX of XXXXXXXXXX address XXXXXXXXXX being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of my defence in the claim.

3. On XXXXXXXXXX 2014 I made a written request to the Claimant solicitors requesting that the Claimant provides copies of all documents mentioned in the statement of case.[EXHIBIT A]

4. The Claimants claim is based upon the Defendants alleged breach of contract and therefore the contract is entirely central to the Claimants case.

5. CPR Rule 31.15 requires that documents are provided within 7 days from receipt of a written request. The Claimant has failed to provide any of the documents mentioned in its claim form.

6. On XXXXXXXXXX , I contacted the Claimants by telephone/in writing ....summarise what was said and/or attach [EXHIBITS] and repeated my request for copies of documents pursuant to CPR 31.14. I also sought an extension of time for filing my defence to the Claim in accordance with CPR 15.5.

Add in any further contact between yourself and the Claimants here and attach written documents as EXHIBITS

7. The Claimant has mentioned the credit Agreement, the default Notice and the assignment in its Statement of Case and yet it has provided none of these documents despite my entitlement to inspect these documents.

10. The Claimants pleaded case is that the Defendant entered into an agreement with XXXXX Original Creditor XXXX under account reference XXXXXXXXXXXX. I am uncertain as to which account this refers to. It is accepted that I have had banking products with XXXXX Original Creditor XXXX in the past however the account number given does not relate to any information I have, therefore it is essential that I have sight of the agreement relied upon by the Claimant to be able to accurately identify to what the claim refers.

11. I therefore ask that the Court orders the Claimant to provide copies of the documents .... xxxx

Statement of Truth

I, XXXXXX, the Defendant, believe the facts stated within this Witness Statement to be true.


Signed: ________________________________

Dated:

Thanks for that...

Where would i include my CCA letter to Lowell? Also do i name the letter Exhibit A then the proof of delivery Exhibit B or is that just classed as a continuation of A? Then are all the correspondences classed as Exhibits? I have 12 pages so far of emails letters back and forth.


Cheers

[Amethyst]

Re: BC/Lowell V Kelike28

Thanks for that...

Where would i include my CCA letter to Lowell? Also do i name the letter Exhibit A then the proof of delivery Exhibit B or is that just classed as a continuation of A? Then are all the correspondences classed as Exhibits? I have 12 pages so far of emails letters back and forth.


Cheers

I'd put them as separate exhibits (the letter and proof of delivery) next to each other (ie. Letter = A proof = B ) and yes all the letters classed as exhibits. If it is too much we can cut it down a bit but may as well start with everything.

And yes include the CCA letter - you can wipe everything on the example I posted and list all your letters up, then we can help you put some more of the 'arguments' in to the Witness Statement.

[kelike28]

Re: BC/Lowell V Kelike28

I'd put them as separate exhibits (the letter and proof of delivery) next to each other (ie. Letter = A proof = B ) and yes all the letters classed as exhibits. If it is too much we can cut it down a bit but may as well start with everything.

And yes include the CCA letter - you can wipe everything on the example I posted and list all your letters up, then we can help you put some more of the 'arguments' in to the Witness Statement.

Going to try and scan now. I will email them over and hopefully you can attach to the thread minus my details. I've no idea how to do it. Thanks

[kelike28]

Re: BC/Lowell V Kelike28

Do I need to send you everything? All exhibits? To check Ok or not?

[Amethyst]

Re: BC/Lowell V Kelike28

No, don't need the exhibits as well just the WS xx Emailing is fine.

To attach to the thread there's instructions here http://www.legalbeagles.info/forums/...700#post431700 (basically click go advanced, click the paperclip icon and upload) Documents usually fail if they are too big (over 4mb or 1000px wide/tall) or are .docx (we only go up to .doc )

[kelike28]

Re: BC/Lowell V Kelike28

No, don't need the exhibits as well just the WS xx Emailing is fine.

To attach to the thread there's instructions here http://www.legalbeagles.info/forums/...700#post431700 (basically click go advanced, click the paperclip icon and upload) Documents usually fail if they are too big (over 4mb or 1000px wide/tall) or are .docx (we only go up to .doc )

Aww sorry. I emailed the lot. Ok If you can advise on the ws that would be brill