vs lowell/ bryan carter

[marley2015]

Re: vs lowell/ bryan carter

after submitting my defense last month i am yet to hear anything from the court i did get another letter from bryan carter solicitors the other day stating they are writing to formally confirm our clients intention to proceed with this matter they will send notification to the court shortly but before they do there client is prepared to enter into negotiations to try achieve a solution whereby both parties avoid further costs and if necessary to mediate

can anyone please help what is my next step as i have heard nothing from the court and been on line to moneyclaim account and it states nothing apart from when defense was submitted

[nemesis45]

Re: vs lowell/ bryan carter

after submitting my defense last month i am yet to hear anything from the court i did get another letter from bryan carter solicitors the other day stating they are writing to formally confirm our clients intention to proceed with this matter they will send notification to the court shortly but before they do there client is prepared to enter into negotiations to try achieve a solution whereby both parties avoid further costs and if necessary to mediate

can anyone please help what is my next step as i have heard nothing from the court and been on line to moneyclaim account and it states nothing apart from when defense was submitted

Check with the court if you have not heard anything more by the end of the week, if Carter has not been able to file the claim could be stayed, you are not informed if this happens.

nem

[FlamingParrot]

Re: vs lowell/ bryan carter

after submitting my defense last month i am yet to hear anything from the court i did get another letter from bryan carter solicitors the other day stating they are writing to formally confirm our clients intention to proceed with this matter they will send notification to the court shortly but before they do there client is prepared to enter into negotiations to try achieve a solution whereby both parties avoid further costs and if necessary to mediate

can anyone please help what is my next step as i have heard nothing from the court and been on line to moneyclaim account and it states nothing apart from when defense was submitted

Mr Carter has taken to sending that letter inviting offers, presumably a last ditch attempt at getting some ca$h, fully aware that the chances of his clients getting their dirty hands on any documents are rather slim. I'd say it's one to be filed under 'C'.

If everyone is as active as Mr Carter, the courts are obviously swamped with claims and it will take some time for them to process Mr Carter's response and send you the N180 directions questionnaire. However, if Mr Carter has sent you a letter formally confirming his clients' intention to proceed, I doubt he'll just leave the claim stayed. Just keep an eye on the post and keep us posted. :ranger:

[marley2015]

Re: vs lowell/ bryan carter

thank you for your response i will keep an eye on the post i doubt they will get any of the documents i asked for

[marley2015]

Re: vs lowell/ bryan carter

thanks nem what do you mean the claim could be stayed

[FlamingParrot]

Re: vs lowell/ bryan carter

what do you mean the claim could be stayed

Stayed means the case is on hold, basically it's dormant. This happens when the claimant does not respond to the court within 28 days of receiving your defence, however, their letter clearly indicates they were going to tell the court they wished to proceed.

[nemesis45]

Re: vs lowell/ bryan carter

thanks nem what do you mean the claim could be stayed

Stayed = the court of its own volition puts a claim " on hold" because for example the claimant has not responded to a defence within the 28 day time scale.
I see the claimant here has shown intent to proceed, but often if the claimant has not yet got it's house in order they will respond late and the seek relief from sanction from the court.

nem

[marley2015]

Re: vs lowell/ bryan carter

hi well i spoke to soon, i have received n180 form from the court and a notice of proposed allocation to the small claims track can any one please help me this form has to be in by 10th aug

should i agree to the mediation service or am i best guessing that they have no paperwork and are clutching at straws and hoping i will pay some cash

[nemesis45]

Re: vs lowell/ bryan carter

Just complete the N180 and agree to mediation ( it is expected that both parties will attempt out of court resolution.
If the "paperwork" has not been provided by the time the mediation appointment come up you have shown willing and
the claimant has not, if this happens the mediator returns the claim to the court.

nem

[marley2015]

Re: vs lowell/ bryan carter

hi well i spoke to soon, i have received n180 form from the court and a notice of proposed allocation to the small claims track can any one please help me this form has to be in by 10th aug

should i agree to the mediation service or am i best guessing that they have no paperwork and are clutching at straws and hoping i will pay some cash

[nemesis45]

Re: vs lowell/ bryan carter

hi well i spoke to soon, i have received n180 form from the court and a notice of proposed allocation to the small claims track can any one please help me this form has to be in by 10th aug

should i agree to the mediation service or am i best guessing that they have no paperwork and are clutching at straws and hoping i will pay some cash

see post #24 nem

[marley2015]

Re: vs lowell/ bryan carter

hi nem

i did as you said and agreed to the mediation, i then got another letter a couple of weeks later saying the mediation service was now to full and would be sent to the court,

i have now got a court letter with a date for a hearing in November in a local county court, it does say in the letter about any evidence is to be sent to the judge so it can be sent to all partys before the hearing, what evidence do i need to provide as i dont have any of the original agreements which i am hoping neither do they, the claimant has untill oct to pay the court fees

thanks nem

[FlamingParrot]

Re: vs lowell/ bryan carter

hi nem

i did as you said and agreed to the mediation, i then got another letter a couple of weeks later saying the mediation service was now to full and would be sent to the court,

i have now got a court letter with a date for a hearing in November in a local county court, it does say in the letter about any evidence is to be sent to the judge so it can be sent to all partys before the hearing, what evidence do i need to provide as i dont have any of the original agreements which i am hoping neither do they, the claimant has untill oct to pay the court fees

thanks nem

Although I'm not Nem I'll try to answer your question. :grin:

From your side, the evidence in question would be all the letters, etc. you've exchanged with the Dynamic Duo Lowell/Carter regarding requests for documents. It is THEM who are supposed to provide you with copies of the agreements, not for you to have those. You'll need to prepare a witness statement where you will attach copies of those letters as exhibits. You'll find some examples here: http://www.legalbeagles.info/forums/...ness-Statement

If they are not able to comply with the court's directions to provide you with the documents before the hearing they may well have to discontinue the case, ray: now that would be a shame! :lol:

Do post up your draft witness statement. :typing:

[marley2015]

Re: vs lowell/ bryan carter

thank you for your response and help

the court date is set for end of nov i am going to get a statement put together and all the letters i have sent out hopefully fingers crossed they have realized that i wont be pushed over so easy and dont have there evidence to provide that would be a real shame, would i really need to attend the court if it gets that far, i am going to try and make sure they dont get my evidence until about 16 days before

just in case they do manage to come up with documents and goes to court and i lose what would be the likely outcome then be?

[FlamingParrot]

Re: vs lowell/ bryan carter

thank you for your response and help

the court date is set for end of nov i am going to get a statement put together and all the letters i have sent out hopefully fingers crossed they have realized that i wont be pushed over so easy and dont have there evidence to provide that would be a real shame, would i really need to attend the court if it gets that far, i am going to try and make sure they dont get my evidence until about 16 days before

just in case they do manage to come up with documents and goes to court and i lose what would be the likely outcome then be?

The reason they are required to send the documents at least 14 days prior to the court date is so you can make an informed decision. If it looks like everything is in order and you wouldn't have much of a defence, you could settle via a Tomlin order to avoid a CCJ on record. The order stays proceedings as long as you keep up to the terms and make the payments, if not, they can request summary judgment. For that reason it's only used as a last resort.