*WON* Received court claim from Bryan Carter

[FlamingParrot]

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?

You agree to mediation in principle, i.e. tick the box at this stage. The mediation team will then get in touch with you in a few weeks, asking whether you've got enough information. If at that point they've not send you any documents, then you'd say you haven't.

They will say that without documents mediation cannot go ahead and the matter will proceed to court but it makes you look willing, if you see what I mean. :thumb:

How do I find my local court?

https://www.gov.uk/find-court-tribunal
It's a county court you are looking for.

Should I post both to carter and the court by registered post?

Always a good idea to use registered post (but not special delivery unless time really is of the essence).

[aaroncaz]

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

You agree to mediation in principle, i.e. tick the box at this stage. The mediation team will then get in touch with you in a few weeks, asking whether you've got enough information. If at that point they've not send you any documents, then you'd say you haven't.

They will say that without documents mediation cannot go ahead and the matter will proceed to court but it makes you look willing, if you see what I mean. :thumb:

https://www.gov.uk/find-court-tribunal
It's a county court you are looking for.

Always a good idea to use registered post (but not special delivery unless time really is of the essence).

The court will know if they have not sent me the documents? Or do I have to tell them when they call?

[Berniethebolt]

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

They may not know so make sure you tell them that you have not got enough info if you haven't received anything . How can you mediate when you don't know your position.

From there they will need to provide all documents they seek to rely on before court

[aaroncaz]

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

Do I need to send Carter the letter I quoted above or just the filled questionnaire?

[Berniethebolt]

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

I'm not sure
[MENTION=37786]FlamingParrot[/MENTION] [MENTION=6]Amethyst[/MENTION]

Hopefully one of those two will be able to tell you but I think you just need to file it with the court in the way it states

[aaroncaz]

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

Also it's asking how many witnesses including myself will give evidence? None?

And do I agree that the small claims track is the appropriate track for this case?

[Berniethebolt]

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

If the question says including yourself the answer will be 1 (assuming you are the only witness)

[aaroncaz]

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

If the question says including yourself the answer will be 1 (assuming you are the only witness)

And do I agree that the small claims track is the appropriate track for this case?

[aaroncaz]

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

If the question says including yourself the answer will be 1 (assuming you are the only witness)

It also has dates to avoid for an hearing, can I give certain days of the week I work,that I can't attend?

[Amethyst]

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

N180 http://www.legalbeagles.info/forums/...l-Claims-Track

xxx

It is more for holidays / expected time in hospital etc as you are expected to be able to take half a day off work to attend ( you'll have about 4 weeks notice of a hearing date )


And send a copy to the claimant as well as filing it with the court.

[aaroncaz]

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

Ther is a small box at top of form saying "to be completed by or on behalf of.....then a box, underneath box it has defendant, do i put my name in this box?


Also lower down the form 1st pag it wants my name, address etc, email, phone number, mobile number etc, I suppose I must put my home number but email and mobile? Don't really want Carter to have these.

[FlamingParrot]

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

The court will know if they have not sent me the documents? Or do I have to tell them when they call?

No, they won't have any way of knowing. The mediation service is not part of the court as such, they are not judges, just intermediaries who can go back and forth between the parties but not rule in anyone's favour, nor give legal advice. You should get an email from the mediation service where they will ask you a few questions, one of them being whether you've got enough information, before an appointment is scheduled.

Do I need to send Carter the letter I quoted above or just the filled questionnaire?

You just need to send him a copy of the questionnaire you've filed in.

Also it's asking how many witnesses including myself will give evidence? None?

The answer is ONE, meaning yourself.

And do I agree that the small claims track is the appropriate track for this case?

Yes, no reason not to agree. :thumb:

[FlamingParrot]

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

Ther is a small box at top of form saying "to be completed by or on behalf of.....then a box, underneath box it has defendant, do i put my name in this box?

Yes, your name in the box and underneath you can put a line through everything else leaving just 'defendant' which is who you are.

Also lower down the form 1st pag it wants my name, address etc, email, phone number, mobile number etc, I suppose I must put my home number but email and mobile? Don't really want Carter to have these.

Carter isn't going to be ringing and/or emailing you like a DCA would.

[aaroncaz]

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

Thank you so much for your help, could you just tell me what I should say if the court rings me, what info I am waiting on Lowell to provide, just so I don't sound very dumb:tinysmile_grin_t:

[FlamingParrot]

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

Thank you so much for your help, could you just tell me what I should say if the court rings me, what info I am waiting on Lowell to provide, just so I don't sound very dumb:tinysmile_grin_t:

The court wouldn't be the one ringing you, it would be the mediation service. Basically you have requested copies of the documents they are relying on for their claim which would be your credit agreement, the notice of assignment and the default notice. :thumb: