** WON ** DISCONTINUED *** Lowell / Bryan Carter Solicitors - advice please

[shirlthegirl]

Re: Lowell / Bryan Carter Solicitors - advice please

Phew! Thank you and will do.

[shirlthegirl]

Re: Lowell / Bryan Carter Solicitors - advice please

Update time....

I received a letter from HM Courts & Tribunals Service dated 16th June....

"I acknowledge receipt of your defence. A copy is being served on the claimant (or the claimant's solicitor). The cliamant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimant will inform the court that he wishes to proceed. The court will then inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take wil l e to apply to a judge for an order lifting the stay."

Then (while away for a week) a letter from Bryan Carter dated 30th June.....

"We are writing to formally confirm our Client's intention to proceed with this matter.

We will send notification to the Court shortly but before we do so our Client is prepared to enter into negotiations to try and achieve a solution whereby both parties avoid further costs and expenses and if necessary to mediate. The Court encourages this type of negotiation between the parties.

Please contact our helpful team on XXXX XXXXXXX to discuss how we can come to an arrangement by consent.

We recommend you seek independent legal advice.

We look forward to hearing from you.

Yours sincerely

Bryan Carter Solicitors LLP"


Slight difference in tone there! How do I respond to this please?

[FlamingParrot]

Re: Lowell / Bryan Carter Solicitors - advice please

They don't sound too confident to be able to provide the documents, hence Mr Carter's conciliatory tone. :mmph:

There is no need to respond to those letters unless you wish to negotiate a settlement as stated. Otherwise you just have to wait for the N180 DQ from the court. :ranger:

[shirlthegirl]

Re: Lowell / Bryan Carter Solicitors - advice please

Thank you. I will sit back and wait. I am grateful for all the advice so far, it has made the whole thing less stressful. I will update when I hear further.

[shirlthegirl]

Re: Lowell / Bryan Carter Solicitors - advice please

N180 has arrived. Is it just a case of fill it in and send it back? I am puzzled by the instruction ...

"3. You must by 30 July 2015 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office ... ... and serve copies on all other parties"

The court office bit is obvious - but all other parties?

[FlamingParrot]

Re: Lowell / Bryan Carter Solicitors - advice please

N180 has arrived. Is it just a case of fill it in and send it back?

Pretty much, yes. It's a good idea to tick the mediation box even when it's not likely to go ahead without the documents being provided, however, it makes the right impression so to speak.

You need to provide details of your local court and any dates you won't be able to attend. No need for experts or an interpreter and where it asks about how many witnesses, only one (yourself).

I am puzzled by the instruction ...

"3. You must by 30 July 2015 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office ... ... and serve copies on all other parties"

The court office bit is obvious - but all other parties?

The parties are yourself and Lowell (represented by Mr Carter), so the only other party to be served is Mr Carter himself. :thumb:

[shirlthegirl]

Re: Lowell / Bryan Carter Solicitors - advice please

Thank you very much for the speedy reply. Will sort it out later today then

I assume when that is done it is just a matter of waiting again?

[nemesis45]

Re: Lowell / Bryan Carter Solicitors - advice please

Don't forget the court copy.

nem

[FlamingParrot]

Re: Lowell / Bryan Carter Solicitors - advice please

Thank you very much for the speedy reply. Will sort it out later today then

I assume when that is done it is just a matter of waiting again?

Yes, you will hear from the mediation service and, assuming you've received nothing from Mr Carter, they will report back to the court that mediation couldn't take place. The court will then schedule a hearing date and order them to provide the documents at least 14 days before the hearing date. :ranger:

That's when Mr carter may well fall down if his clients are not able to get their dirty hands on any documents and he may have to discontinue, what a shame, uh? ray:

[shirlthegirl]

Re: Lowell / Bryan Carter Solicitors - advice please

Form is filled in, do I just copy it and send the photocopy to Mr Carter? Do I need to copy all the pages or just the ones I filled in?

[FlamingParrot]

Re: Lowell / Bryan Carter Solicitors - advice please

Form is filled in, do I just copy it and send the photocopy to Mr Carter? Do I need to copy all the pages or just the ones I filled in?

Just the N180 questionnaire.

[shirlthegirl]

Re: Lowell / Bryan Carter Solicitors - advice please

I received an N180 from Bryan Carter - do I need to respond or just wait please?

[shirlthegirl]

Re: Lowell / Bryan Carter Solicitors - advice please

I just received this email from the Small Claims Telephone Mediation Service. I have omitted case details and the general blurb that followed but the gist of it is below. I cannot answer YES to all four questions as none of the paperwork I have requested has been supplied. I assume therefore that I email the SCTMS saying this?

Essential part of email.....

"The above parties have all filed a Directions Questionnaire (N180) and have all requested mediation.


Appointment Time & Date

A one hour telephone mediation appointment has been provisionally booked for between 08:00 and 13:00 on 19/8/15. Mediation appointments are limited and can only be re-arranged under exceptional circumstances.

If you want a 3^rd party to mediate on your behalf, please contact the Mediation Team in order to authorise their involvement and forward this email to them.

You will be telephoned within 8 days of this email and asked if you can agree to the terms set out below. Please note that the Mediation Team will call from a withheld number. Once ALL parties have been spoken to, you will receive an email confirming the exact start time of your appointment. If we are unable to contact you by phone, your appointment will be cancelled and your case will be transferred to a local court for a hearing. (If you want to be contacted on a different number to the one you stated on your Directions Questionnaire, please contact the Mediation Team to provide the relevant number)


Mediation Requirements

Please read the following statements:

	Yes	No
I can confirm that I am willing to compromise on this matter
I can confirm that there has been no police involvement in this matter at any time
I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment
I can confirm that I can mediate on the date stated above. (Mediation appointments are limited and can only be re-arranged under exceptional circumstances).

Mediation is only available to you if you can answer YES to all 4 statements above. If you answer NO to any of the statements, mediation is not suitable for your case and you should contact the Mediation Team to inform them (email is preferable)."

[nemesis45]

Re: Lowell / Bryan Carter Solicitors - advice please

I just received this email from the Small Claims Telephone Mediation Service. I have omitted case details and the general blurb that followed but the gist of it is below. I cannot answer YES to all four questions as none of the paperwork I have requested has been supplied. I assume therefore that I email the SCTMS saying this?

Essential part of email.....

"The above parties have all filed a Directions Questionnaire (N180) and have all requested mediation.


Appointment Time & Date

A one hour telephone mediation appointment has been provisionally booked for between 08:00 and 13:00 on 19/8/15. Mediation appointments are limited and can only be re-arranged under exceptional circumstances.

If you want a 3^rd party to mediate on your behalf, please contact the Mediation Team in order to authorise their involvement and forward this email to them.

You will be telephoned within 8 days of this email and asked if you can agree to the terms set out below. Please note that the Mediation Team will call from a withheld number. Once ALL parties have been spoken to, you will receive an email confirming the exact start time of your appointment. If we are unable to contact you by phone, your appointment will be cancelled and your case will be transferred to a local court for a hearing. (If you want to be contacted on a different number to the one you stated on your Directions Questionnaire, please contact the Mediation Team to provide the relevant number)


Mediation Requirements

Please read the following statements:

	Yes	No
I can confirm that I am willing to compromise on this matter
I can confirm that there has been no police involvement in this matter at any time
I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment
I can confirm that I can mediate on the date stated above. (Mediation appointments are limited and can only be re-arranged under exceptional circumstances).

Mediation is only available to you if you can answer YES to all 4 statements above. If you answer NO to any of the statements, mediation is not suitable for your case and you should contact the Mediation Team to inform them (email is preferable)."

No Document supplied the mediation cannot go forward,
State Yes to willingness to compromise.
Yes to no police involvement.
No to documents etc
yes to date if you want to wait for documents requested. or No and the claim will be sent back to the court, it is possible occasionally to get another appointment.

nem

[shirlthegirl]

Re: Lowell / Bryan Carter Solicitors - advice please

I have filled in the form and will return their email with the following response. Could you please confirm if it is suitable? Thank you again for all the help so far.

"Thank you for the information below. I have completed the form and as you can see I am unable to answer yes to all questions. I have requested paperwork from Lowell Portfolio which they have not supplied. Without this paperwork, I am not in a position to make any agreements.


Regards"