Mediation but I still get a CCJ

[hairbear]

Hi Beagles
I had mediation june 2018 for a credit card (Lowells,) I agreed to pay by standing order. Yesterday I receive a CCJ from Northamton because I have defaulted on the agreement.
Having checked my bank statements the agreed amount has been paid regulary by direct debit, so I have not defaulted.

should I fill in a N244 and request a hearing

Thanks

Hairbear

[R0b]

Re: Mediation but I still get a CCJ

Can you clarify what you mean by CCJ? A lot of people confuse a CCJ with a claim form from Northampton County Court. It might be helpful if you post the document on here with your personal information redacted so we can check. If you agreed a settlement using the small claims mediation service they would normally draw up an agreement which is legally binding between the parties. If either party breaches that agreement, the innocent party is entitled to apply to the court to enforce the terms of the agreement.

I've never seen an agreement drawn up by the mediation service so I am speculating but in the absence of anything specific set out in the Civil Procedure Rules (from memory I don't think there is) and the terms of the agreement, the innocent party should treat the breach as any breach of contract and send a letter before action, in compliance with the Pre-Action Protocols before issuing a claim.

Again, it would be helpful to know what document has been sent to you. If you are struggling to upload the document on here and need some assistance, you can send it to kati@legalbeagles.info and she will do it for you @Kati

[Amethyst]

Re: Mediation but I still get a CCJ

Is it from this one HairBear? http://legalbeagles.info/forums/show...ell-v-Hairbear - did you get a consent order drawn up?
As R0b says if you can do a pic of the letter you've received that would be great.

[Diana M]

Re: Mediation but I still get a CCJ

they would normally draw up an agreement which is legally binding between the parties. If either party breaches that agreement, the innocent party is entitled to apply to the court to enforce the terms of the agreement.

I've never seen an agreement drawn up by the mediation service so I am speculating but in the absence of anything specific set out in the Civil Procedure Rules (from memory I don't think there is) and the terms of the agreement, the innocent party should treat the breach as any breach of contract and send a letter before action, in compliance with the Pre-Action Protocols before issuing a claim.

Without seeing the original Mediation settlement agreement it's hard to comment on the OP's specific situation but here's an extract/example from one which I have seen >


In a voluntary telephone mediation today, you agreed terms as set out in the mediation settlement agreement overleaf. This agreement is in full and final settlement of all parties’ claims in this case, including in relation to costs.

The terms of the agreement have been read back to each party and you have each agreed to those terms.

If you believe that there is any inaccuracy in the terms of the settlement agreement set out below, you must reply to the court within five days of the date of the settlement agreement.

You should keep a copy of the agreement. A copy of this agreement will be placed on the court file.

If there is a breach of the agreement by the other
party and you wish to take further action, you should complete an N244 General Form of Application.
This form can be found at http://hmctsformfinder.justice.gov.uk/HMCTS/ FormFinder.do. You must state clearly on the form which of the two options below you wish to be considered:

1) That the court enters judgment in your favour for the unpaid balance of the outstanding sum of the settlement agreement. You will have to send the court a copy of your settlement agreement and on the accompanying N244 General Form of Application:
a) Specify the amount you say is still owing to you
b) Give full details of the breach of the settlement agreement you say has been committed by the other party.

2) That your claim be restored for hearing for the full amount claimed.

Di

[hairbear]

Re: Mediation but I still get a CCJ

Hi thanks Rob, Amethyst and Diana for replying.
Amethyst you are correct it was for that one. Today I received another letter from the court and seems Lowell think that I have not paid anything.

I telephoned Lowells and they stated that they have not received payment from me. I have checked my bank account the standing order with reference is set up correctly and payments have been made each month.
Lowells said they would look into the matter.
It seems my only course is to go to court with a N224,
I would as always be grateful for your help
Cheers Hairbear

[Amethyst]

Re: Mediation but I still get a CCJ

Yip, N244 with witness statement and evidence of your payments ( bank statements ( or print out of those particular transactions if possible ) and details of the Standing Order to show bank details and reference are correct as per the mediation agreement, ) and ask that Lowell pay the cost of the application. Copy to Lowell. I think you can put without a hearing.

No warning / communication from Lowell at all until you got this from the court ? I’d include that in your witness statement if so too.

When you spoke with Lowell earlier did you confirm the bank details on the mediation agreement are correct ? Seems to say Lowell solicitors account rather than Lowell portfolio account so that might be where the confusion / cock up has come in.

[Diana M]

Re: Mediation but I still get a CCJ

I telephoned Lowells and they stated that they have not received payment from me. I have checked my bank account the standing order with reference is set up correctly and payments have been made each month.
Lowells said they would look into the matter.
It seems my only course is to go to court with a N224,

If you are in the right and Lowells are in the wrong then my advice would be to ask them to consent to a set aside of the CCJ.

That would be your first option.

Di

[hairbear]

Hi Beagles I applied for the N244, included witness statement aswell as copies of bank statements and standing order that prove payment. I also asked for a without hearing but it has been transferred to a local county court.

Do I need to need any other evidence maybe confirmation from the bank, also any suggestions how I should prepare for my big day in court.

Looking forward to your reply and as always a big thankyou.

[Diana M]

Re: Mediation but I still get a CCJ



If you are in the right and Lowells are in the wrong then my advice would be to ask them to consent to a set aside of the CCJ.

That would be your first option.

Di

^ ^ ^ did you ask Lowells to agree to a Consent Order?

Di

[hairbear]

Hi Dianna no I did not ask them to set aside I went straight for the N244 seems that set aside might still have been the better option and would not have incurred the £255 fee. Unfortunately with limited time you have to enter a defence I could not rely on waiting for a response from Lowell's.
Do you think that my bank statements will be enough evidence anything else I can do
Thanks HB