*WON* Received court claim from Bryan Carter

[aaroncaz]

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

Thanks very much.

[aaroncaz]

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

Had a letter from Bryan Carter today, saying "we are writing to formally confirm our clients intention to proceed with this matter.
we will send notification to the court shortly but before we do 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 parties.
Please contact our helpful team.....etc to discuss how we can come to an arrangement by consent."

It's dated 22nd sept.

[FlamingParrot]

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

Had a letter from Bryan Carter today, saying "we are writing to formally confirm our clients intention to proceed with this matter.
we will send notification to the court shortly but before we do 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 parties.
Please contact our helpful team.....etc to discuss how we can come to an arrangement by consent."

It's dated 22nd sept.

Standard response to everyone who files a defence these days, as I posted above a week ago! :grin:

One to be filed under "C" me thinks. :lol:

[aaroncaz]

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

Just ignore it then?

[FlamingParrot]

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

Just ignore it then?

I would...

You'll soon get your N180 small claims directions questionnaire to fill in, where there will be an option to go through mediation. If you receive anything in the meantime that makes it look like they could have a chance, then you could settle it via mediation. If not, they'll have to supply the documents at least 14 days prior to the hearing or they'll be stuffed. :thumb:

[aaroncaz]

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

Ok many thanks for your help so far.

[aaroncaz]

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

Do I have to attend an hearing?

[FlamingParrot]

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

Do I have to attend an hearing?

That depends on how far this progresses, with a bit of luck they'll see sense and discontinue before that. ray:

[aaroncaz]

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

Just an update, not received anything else from Carter or Lowell nor from the court.

[FlamingParrot]

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

Just an update, not received anything else from Carter or Lowell nor from the court.

I doesn't look like it's been 28 days since you filed your defence. I notice above that you received one of Carter's settlement letters saying they intended to proceed, have you not had an N180 small claims questionnaire from the court? If your defence was filed on the 11th, I'd give it another week or 10 days before contacting the court to see if the claim has been stayed. :ranger:

[aaroncaz]

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

No not had a N180 form and post has been today.

[nemesis45]

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

No not had a N180 form and post has been today.

As has already been said the claimant has 28 days to respond to your defence and it
appears that here is 9 days left or response so contact the court at the end of the period
if you don't get a response earlier.

nem

[aaroncaz]

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

Had the N180 today, it says the main letter

Notice of proposed allocation to the small claims track


if i do not comply with this notice the court will make such an order as appropriate, this could include striking out the claim or entering judgement/


TAKE NOTICE THAT

1 This is now a defended claim.

The defendant has filed a claim a copy of which is enclosed ( THIS SENTENCE IS CROSSED OUT)

2 it appears that this case is suitable for allocation to the small claims track.If you believe this is not the case please complete box c1 on the small claims direction questionaire and explain why.

3. you must by 26th october compete the small claims direction questionnaire and file it with the court office.

There is also a letter abt mediation. What should I do next please?

[FlamingParrot]

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

Hi

That's just the next step in the process and all the wording you describe above is generic, the crossed out sentence would refer to a counter claim if you had filed one.

You need to fill in and return the questionnaire as indicated, note that you also need to send a copy of your filled in questionnaire to Carter as well as the original to the court, some people here had not been aware of that and had returned the original to the court without copying it. :typing:

It should be fairly straightforward to fill in. It's a good idea to agree to mediation, no reason to object to allocation to small claims track as that's based on the value of the claim (under £10k).

You should also provide details of your local court as that's where you'd have to attend a hearing if it gets that far, as well as dates you won't be available. There is no need for experts or interpreters or other key witnesses and only one witness (yourself).

Any questions just shout. :thumb:

[aaroncaz]

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

Will it get to mediation? I thought you said before not to agree to mediation unless they come up with something? They still have not I presume provided any documents , do you think they will by now?

How do I find my local court? Should I post both to carter and the court by registered post?

Sorry for all the questions, have to go out but will be back later, thanks for your help.