*WON* Received court claim from Bryan Carter

[Berniethebolt]

Re: Received court claim from Bryan Carter..... help please

Just to add my thanks to Amethyst and FP for coming to the rescue.

How the hell is anyone supposed to know what to do when the instructions aren't clear

[aaroncaz]

Re: Received court claim from Bryan Carter..... help please

Just to add my thanks to Amethyst and FP for coming to the rescue.

How the hell is anyone supposed to know what to do when the instructions aren't clear

Many thanks to all, just one more question..... when can I expect a call from the mediation team? I presume when I get it, it will take us over the 28 days lowell had to provide the documents.

[FlamingParrot]

Re: Received court claim from Bryan Carter..... help please

Many thanks to all, just one more question..... when can I expect a call from the mediation team? I presume when I get it, it will take us over the 28 days lowell had to provide the documents.

I expect you will start by getting an email from the mediation team to set up a date for the telephone call, which may not happen if you haven't got the paperwork when you reply to their email. :typing:

Lowell had 28 days to respond to your defence and tell the court whether they wished to proceed, they have already done so which is why you got the N180 small claims questionnaire. Once a hearing date is set, they will be told to provide you with the documents at least 14 days prior to the hearing. They are relying on the original creditor to supply them with the documents, if they can't get anything they may well have to discontinue. ray: ray: ray:

[aaroncaz]

Re: Received court claim from Bryan Carter..... help please

It seems like the court is giving them ample opportunity to get those documents....:tinysmile_hmm_t2:

[aaroncaz]

Re: Received court claim from Bryan Carter..... help please

Me again! Mediation comes before a court case? So if there is no documents for mediation, then there is no mediation so therefore no court case? Or does it have to go to court to be chucked out? Unless Lowell do it first? Sorry to be dim.

[nemesis45]

Re: Received court claim from Bryan Carter..... help please

Me again! Mediation comes before a court case? So if there is no documents for mediation, then there is no mediation so therefore no court case? Or does it have to go to court to be chucked out? Unless Lowell do it first? Sorry to be dim.

The HMCTS Small Claims Mediation Service was put in place in the hope of saving costs and court time.
It is expected that parties to a small claim will at least attempt resolution without recourse to a court hearing.
The is a BIG BUT to this: If the defendants does not have All the documents relating to the claim a mediator
will decline to continue and the claim is returned to the court for allocation to the defendants local court.
Unfortunately from what I see claimants are agreeing to mediation in the hope of gaining more time to
produce documents to support their claim.
Also I see a growing number of mediation agreement ( Consent / Tomlin Orders) breaking down an CCJ's
being sought some time later thus extending the time a defendant has to live with a debt affecting their
financial status.
Many seem to breakdown due to unaffordable / unsustainable offers of payment made by defendants.
Never agree to a consent order unless you are absolute sure it is affordable /sustainable over an extended
period of time just for the sake of avoiding a court hearing /judgment in the immediate future.

nem.

[FlamingParrot]

Re: Received court claim from Bryan Carter..... help please

Me again! Mediation comes before a court case? So if there is no documents for mediation, then there is no mediation so therefore no court case? Or does it have to go to court to be chucked out? Unless Lowell do it first? Sorry to be dim.

Yes, mediation is intended to resolve the situation without going to a court hearing. The mediation team will ask you whether you've got enough info and whether you are willing to compromise, that says it all. It can be useful in cases where you don't feel you have a strong defence. As we know, Lowell are reliant on the original creditors to supply them with the paperwork, in many cases this just doesn't happen, all they can do is hope for the best. If the OC does not supply anything by the time they need to send it to you prior to the court date, then they will have to discontinue. That would mean the case is never heard in court.

[Berniethebolt]

Re: Received court claim from Bryan Carter..... help please

I think what you were asking is , if there is no paperwork for mediation and therefore no mediation does that automatically stop the court case. The answer is NO

If no mediation takes place the court case can still go ahead but the claimant will still have to prove their case which will include the paperwork they mentioned in the POC. Also the fact you sent a CCA request, if they can not comply with that they will lose .

[aaroncaz]

Re: Received court claim from Bryan Carter..... help please

I think what you were asking is , if there is no paperwork for mediation and therefore no mediation does that automatically stop the court case. The answer is NO

If no mediation takes place the court case can still go ahead but the claimant will still have to prove their case which will include the paperwork they mentioned in the POC. Also the fact you sent a CCA request, if they can not comply with that they will lose .

Yes this is what I was asking/hoping:tinysmile_grin_t:

It just seems they are given chance after chance to provide the documents, I've already asked for them back in August then I submit my defense and they had 28 days, now they have until the mediation team contact me, and then if it goes to court they have until 14 days before the hearing to provide the documents!

[Berniethebolt]

Re: Received court claim from Bryan Carter..... help please

I am afraid that the odds are stacked in the creditors favour even though there is legislation in place that is supposed to protect the individual .
Most cases go undefended so they can bring claims against people in the knowledge that in the majority of cases they will not even need to prove their rights to do it.

When someone is prepared to fight they can string it out for months in the hope that the paperwork will turn up (i.e the OC will find it) or that the alleged debtor will cock up somewhere and allow them to go for a default judgement.

You need to continue to believe that right is on your side. The CCA request is powerful and they have to provide what they believe to be a copy or recon of the agreement .

Sadly , in some cases they have been allowed to produce documents on the day of the hearing.

[nemesis45]

Re: Received court claim from Bryan Carter..... help please

If the claimant does not respond to your defence within 28 days of receiving the copy from the court, the
court will of its own volition " stay " the claim, the claimant would have to apply to the court to have the stay
lifted. (you are not informed when this happens)
If the stay becomes prolonged the defendant can apply to the court for the claim to be struck out and request
that the claim bears the costs of the application.

nem

[FlamingParrot]

Re: Received court claim from Bryan Carter..... help please

If the claimant does not respond to your defence within 28 days of receiving the copy from the court, the
court will of its own volition " stay " the claim, the claimant would have to apply to the court to have the stay
lifted. (you are not informed when this happens)
If the stay becomes prolonged the defendant can apply to the court for the claim to be struck out and request
that the claim bears the costs of the application.

In this case they have replied to aaroncaz's defence stating their intention to proceed, sent him the N180, etc. so we are a bit further down the line with this one.

It just seems they are given chance after chance to provide the documents, I've already asked for them back in August then I submit my defense and they had 28 days, now they have until the mediation team contact me, and then if it goes to court they have until 14 days before the hearing to provide the documents!

Indeed that's the way it goes, however, a lot of cases do end up getting discontinued. ray:

[nemesis45]

Re: Received court claim from Bryan Carter..... help please

In this case they have replied to aaroncaz's defence stating their intention to proceed, sent him the N180, etc. so we are a bit further down the line with this one.

Indeed that's the way it goes, however, a lot of cases do end up getting discontinued. ray:

Just making things clear without the usual comic strip posts.

[aaroncaz]

Re: Received court claim from Bryan Carter..... help please

Received a letter today from Bryan Carter,

" We enclose a copy of the Claimant's Directions Questionnaire.

The claimant is prepared to settle this matter outside of court and look forward to hearing from you regarding negotiations."

(In the questionnaire they agree to mediation)

What does this mean please?

[MIKE770]

Re: Received court claim from Bryan Carter..... help please

One of their last minute panick begging letters for you to give up, part of his harassment machine before he decides to give up or go ahead! do nothing