**WON** Claim Received Incorrect Name

[FlamingParrot]

Re: Claim Received Incorrect Name

So here we are again, Received a letter from Carter...

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

We will shortly send notification to the court but before we do so our client is prepared to enter into negotiations whereby both parties avoid further costs etc. etc.

Please contact our helpful team on 0345....."

Surely, if I enter into any negotiation of this nature I am admitting liability contrary to my defence.

Any advice welcome

Mr Carter has taken to sending out those template letters lately, to everyone who files a defence, probably a last ditch attempt see if anyone bites. :nono: He probably knows how slim the chances of his illustrious clients finding the documents are. :flypig: I'd say one to be filed under "C". :thumb:

[Proceed]

Re: Claim Received Incorrect Name

My thought exactly guys but the reference to - filed under "C" :thumb: - went over my head

[FlamingParrot]

Re: Claim Received Incorrect Name

My thought exactly guys but the reference to - filed under "C" :thumb: - went over my head

"C" can be for Carter but also for "Cr@p", "Con" or "Cheeky buggers". :lol:

[Proceed]

Re: Claim Received Incorrect Name

Cheers

[Proceed]

Re: Claim Received Incorrect Name

Hello again,
I have now received N149A Notice of proposed allocation to the small claims track.

It states I have to reply by 18/09/2015 on Form N180 Small Dlaims Directions Questionnaire (shoddy photostat without the number on which confused me in itself)

It apears to be asking me to enter mediation but this time the court is asking..

Not sure what to do with this as I've already stated in my defence [Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.]

I have as yet admitted no liability and they have provided no proof as to why I should, any pointer appreciated thanks..

[Proceed]

Re: Claim Received Incorrect Name

Anyone out there?

[Kati]

Re: Claim Received Incorrect Name

Agree to mediation anyway (it looks good) ... all you'll have to do is tell the mediator when they phone you that you've received no paperwork, and they'll probably call it off

[FlamingParrot]

Re: Claim Received Incorrect Name

Hello again,
I have now received N149A Notice of proposed allocation to the small claims track.

It states I have to reply by 18/09/2015 on Form N180 Small Dlaims Directions Questionnaire (shoddy photostat without the number on which confused me in itself)

It apears to be asking me to enter mediation but this time the court is asking..

Not sure what to do with this as I've already stated in my defence [Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.]

I have as yet admitted no liability and they have provided no proof as to why I should, any pointer appreciated thanks..

It's just a standard bit of paperwork sent out to everyone who is defending a claim and nothing to worry about.

It's always a good idea to tick yes to mediation. No reason to object to small claims allocation. Make sure you provide details of your local court as that's where you'd have to go if it gets to a hearing and give dates when you don't expect to be available. You won't need experts or interpreters and only one witness (yourself). Any more questions just shout. :director:

- - - Updated - - -

Anyone out there?

Yes, we're here. :grin:

[Proceed]

Re: Claim Received Incorrect Name

Yes, we're here. :grin:

Good to know :tinysmile_twink_t2: and of course my thanks..

[Proceed]

Re: Claim Received Incorrect Name

Aaah the arbitration service...
I gave explicit instructions about times to call, did they heed?
They tried both numbers once only outside the times I specified.
They then sent me an email telling me to get in touch by the next day and I tried over 50 times to call but.... just a recorded message.
I replied to their email saying I could not get through on either number they supplied and received an automated reply saying the would respond within 5 days.
Today is 4 days later and I receied a letter stating its been referred to a different court than the one I specified. In fairness the one they selected is actually slightly nearer.

Hallelujah to bureaucracy and red tape!

[FlamingParrot]

Re: Claim Received Incorrect Name

Normally they'd send you an email asking you four questions and you have to answer yes to all four of them for mediation to go ahead. One of them is whether you think you have enough information, which clearly wouldn't be the case if you hadn't received the documents. The other being whether you are willing to compromise, in other words settle. If not then mediation cannot go ahead so it proceeds to court. Only after the mediation service inform the court that mediation had failed or could not go ahead will the court schedule a hearing, the change in venue could be due to availability but it looks like it's worked well for you. :thumb:

Now a silly question: have you received any documents? :flypig:

[Proceed]

Re: Claim Received Incorrect Name

Nope!
None that I've requested;
Not a sausage!

[FlamingParrot]

Re: Claim Received Incorrect Name

Nope!
None that I've requested;
Not a sausage!

Just as I'd expected! Once the hearing is scheduled, they'll be given 14 days to provide them, that's where they may struggle and end up having to discontinue, ray: what a shame, uh? :lol:

[Proceed]

Re: Claim Received Incorrect Name

Hello again...

Well I just received a court notice of allocation to the small claims track dated Oct 14th.
Hearing is set for January 8th however according to this notice they only have to provide documents (including any experts' report) no later then 14 days before the hearing.

It also states the claimant is to pay £335 within 28 days unless they make an application for a concession. Failure to pay the fee will result in the hearing being removed from the list. I know this part does not apply to me what does that mean or could that mean to me?

What is a concession in this context and?...
If they pay that does it mean they probably have the documents they have so far refused to provide?

Lastly; the notice goes on to say - "Having considered the papers in your case the court believs that your case is suitable for mediation" etc and goes on to give details of how to get in touch with the mediation service yet again and I thought that boat had sailed once allocated to a court.

At this point I have still not received any of the requested documents

Can anyone lighten my darkness?

[nemesis45]

Re: Claim Received Incorrect Name

Hello again...

Well I just received a court notice of allocation to the small claims track dated Oct 14th.
Hearing is set for January 8th however according to this notice they only have to provide documents (including any experts' report) no later then 14 days before the hearing.

It also states the claimant is to pay £335 within 28 days unless they make an application for a concession. Failure to pay the fee will result in the hearing being removed from the list. I know this part does not apply to me what does that mean or could that mean to me?

What is a concession in this context and?...
If they pay that does it mean they probably have the documents they have so far refused to provide?

Lastly; the notice goes on to say - "Having considered the papers in your case the court believs that your case is suitable for mediation" etc and goes on to give details of how to get in touch with the mediation service yet again and I thought that boat had sailed once allocated to a court.

At this point I have still not received any of the requested documents

Can anyone lighten my darkness?

Good morning.
The claimant may seek the courts permission to delay paying the hearing fee as the hearing is not until Jan. 2016.
It is expected that the parties to a claim will attempt to reach a resolution to the claim without recourse to a court
hearing. Tick Yes to mediation.
The claim is being allocated to a track, allocation to a court ( your local court) will happen if mediation fails.

nem