****DISCONTINUED***** Small Claims Track - Lowell

[oddball]

Hi
Can anyone help I need to know what to do. I got a Claim Form from the County Court Business Centre which I acknowledged (Issued 8th Sept) and sent letters to the Claimant Lowell & their solicitors (15 Sept) requesting the said Agreement (for a catalogue) and paying £1 to each by Postal order, after following information on this forum. I got no response from either. I followed this up with a defence online denying the debt of £300 and pointing out that they hadn't supplied requested Agreement. Then got a response from the Court (7th October) acknowledging receipt of my defence and saying they were sending a copy of defence to the claimants solicitor so they can attempt to resolve (they didn't) and they were to contact court within 28 days after receiving it if they wish to proceed. After that period the claim will be stayed. Then they must apply to a judge to have the stay lifted.

I then got a Notice of Proposed allocation to small claims track dated to which I must respond by 28 November 2016. Not sure what to do here as I have not received the Agreement that I requested so how can I defence myself against what I'm not sure they have, well I'm pretty certain they don't have one.

Today I got a letter (dated 9th Nov) from their solicitors saying their client intends to continue with the claim. Still no Agreement received from them.

I don't see the point in going to mediation as I have nothing to mediate about as I don't have the Agreement asked for. So any ideas what I should do next please?

[charitynjw]

Re: Small Claims Track - Lowell

Hi oddball & welcome to LB.

Presumably, along with the trial date, venue address & estimated duration of hearing, you will have received standard directions; relied-on evidence & witness statements to be filed with court & sent to all other parties (usually 14 days before hearing).

If you have not received asked-for documentation from the Claimant/sols, the case isn't usually suitable for mediation, but always indicate that you are willing to mediate. The court will expect both sides to endeavour to settle out of court. It will be a black mark on the Claimant's copybook, & a Brownie point for you!

[oddball]

Re: Small Claims Track - Lowell

Hello and thank you for your reply. I wasn't sure if I had posted in the right place and not sure how to find this area again.
Yes I did receive the standard directions which I will fill in and return. Do I have to send a copy to the other party or does the Court do that?
Many thanks for your advice, I thought perhaps to do that but it asks the question do I have enough information to enter into negotiations and of course, I don't have anything. So was reluctant to say that I have.

[charitynjw]

Re: Small Claims Track - Lowell

You are responsible for sending all documents & witness statements to the court & to the other party(ies)/ their solicitors.
Plus of course a copy of everything for yourself.
If possible, try to ensure that you exchange documents with the other party at the same time (to avoid giving them an unfair advantage).
& if you quote case law or statute/regulations, etc., it is wise to have copies of them on hand in court.

[oddball]

Re: Small Claims Track - Lowell

Hi, I have received another letter from the Court saying that they believe this is suitable for mediation? Along with a Court date in May.

We have already done all that. I have still not received anything from LP re alleged Agreement which stopped the mediation team the first time. I phoned the mediation team today and explained this and she has told me to contact LP for the mssing info so we can get things started.

Quick recap - Claim was dated 8 September (issue date).
15 September I posted letters to Lowell giving them 12 working days plus the fee; also posted to their solicitors (same date) giving them 7 days plus fee (silly me).
No response so I did my defence online within the time frame.
7 October Court acknowledged receipt of my defence and sent a copy to the solicitors giving them 28 days to contact them.
9 November I received solicitors letter says their client intends to continue with claim and its been filed at the court.
21 November solicitors sent me copy of their Directions Questionnaire
2 December letter from SCMT saying unable to arrange mediation plus got claim transferred to Court closer to me.

My two questions are, do time frames mentioned above not mean a thing to the Solicitors and the fact they never responded to me, and what do I put in this letter I am to send them should I put another time frame for them to miss?

Any ideas much appreciated, thank you

[oddball]

Re: Small Claims Track - Lowell

bump

[oddball]

Re: Small Claims Track - Lowell

bump

[Amethyst]

Re: Small Claims Track - Lowell

Hi Oddball, The letter with the court date should have somewhere on it the dates for paying the hearing fee and exchanging witness statements - basically that's the next step - see if anything turns up document wise over next few weeks and you can be putting together your Witness Statement - usually they are exchanged about 14 days before the hearing. Otherwise everything sounds on track and fine You sent the CCA and CPR requests so really it is seeing if they come up with anything and pay the hearing fee or discontinue.

My two questions are, do time frames mentioned above not mean a thing to the Solicitors and the fact they never responded to me, and what do I put in this letter I am to send them should I put another time frame for them to miss?

Nope probably not, they don't care and the court let them get away with it. I wouldn't be chasing them any more - they will have the same letter you have about the hearing date. Without docs there is nothing to mediate so if they do contact you again about that you can reply to that end.

xxx

[charitynjw]

Re: Small Claims Track - Lowell

Hi oddball

Have you been instructed or notified by the court of a date to exchange documentation?

Edit
X-posts with Amethyst.

[oddball]

Re: Small Claims Track - Lowell

Hi, thanks for your replies . The Court has given hearing date of 19 May and Witness statements to be 14 days before. But when I phoned Mediation Services and told them I still have had no documents they told me to contact Lowells and ask for them again. Should I just phone, or write and if so should I give them another target to get them to me by?

[oddball]

Re: Small Claims Track - Lowell

Sorry tbh I only read the bit at the front of the page about mediation. Yes claimant must pay £55 by 4pm on 5th May or it will be struck out?

[charitynjw]

Re: Small Claims Track - Lowell

Hi, thanks for your replies . The Court has given hearing date of 19 May and Witness statements to be 14 days before. But when I phoned Mediation Services and told them I still have had no documents they told me to contact Lowells and ask for them again. Should I just phone, or write and if so should I give them another target to get them to me by?

Amethyst has already given opinion on this (above).
I concur.

[Amethyst]

Re: Small Claims Track - Lowell

Yep lots of people do Well that's your next 'deadline' ----- then what date does it say Witness Statements want exchanging by ? ( doh just read your other post) Annoying Witness statements exchange on same day pretty much as they have to pay hearing fee. You can start prepping your WS if you'd rather keep busy/on top of things There's a lot of examples about, few in the templates library to get you started

[Amethyst]

Re: Small Claims Track - Lowell

Amethyst has already given opinion on this (above).
I concur.

Well thank you muchly kind sir

[oddball]

Re: Small Claims Track - Lowell

Sorry Amethyst, just read 'all' of your reply.............so I just ignore what the mediation service told me to do then, OK.