Advice on Debt Not Owed Please

[dan_1207]

Re: Advice on Debt Not Owed Please

lovely stuff, thanks Dan

The 'who,what'where'when' bits would be better in the Witness Statement - should the case proceed following your defence.

I agree, and Amethyst has pretty much done a full WS for you in any event, so you've no work to do for a while yet. Simply wait for the matter to be transferred to your local county court, and wait to hear from the with standard directions which will say when you need to get the DQ and WS sent.

[uk=clif]

Re: Advice on Debt Not Owed Please

I can't thank you enough!

So just to confirm I have got this right- the part that Dan posted is my defence and Amethyst witness statement if needed later should this proceed?

[Amethyst]

Re: Advice on Debt Not Owed Please

Yes xx sorry it was a bit arse about face ....

[uk=clif]

Re: Advice on Debt Not Owed Please

Thanks so much

[uk=clif]

Re: Advice on Debt Not Owed Please

Hi again everyone!

Defence all submitted yesterday.

Had an email this morning from Lane & Co, won't let me attach a picture of it but states,

'We write in further connection with the above matter and attach herewith as requested copy emails which show that clearly there was work undertaken by our Client and there is no indication that such work would be undertaken with no charge being made'

Attachments are the email sent with drawings attached, email with him saying he hasn't heard anything and then the invoice and string of emails of us asking why he has done the drawings when we didn't ask.

This is after we requesting the notes he is to rely on.

What should my next move be?

Obviously no agreement was attached or notes saying such as there are none!

[Kati]

Re: Advice on Debt Not Owed Please

Had an email this morning from Lane & Co, won't let me attach a picture of it but states,

'We write in further connection with the above matter and attach herewith as requested copy emails which show that clearly there was work undertaken by our Client and there is no indication that such work would be undertaken with no charge being made'

Attachments are the email sent with drawings attached, email with him saying he hasn't heard anything and then the invoice and string of emails of us asking why he has done the drawings when we didn't ask.

This is after we requesting the notes he is to rely on.

you could forward it to me if you want Kati@legalbeagles.info

[dan_1207]

Re: Advice on Debt Not Owed Please

I can't thank you enough!

So just to confirm I have got this right- the part that Dan posted is my defence and Amethyst witness statement if needed later should this proceed?

The knowledge that this will be the second time we defeat Lane & Co is extremely satisfying

[dan_1207]

Re: Advice on Debt Not Owed Please

Hi again everyone!

Defence all submitted yesterday.

Had an email this morning from Lane & Co, won't let me attach a picture of it but states,

'We write in further connection with the above matter and attach herewith as requested copy emails which show that clearly there was work undertaken by our Client and there is no indication that such work would be undertaken with no charge being made'

Attachments are the email sent with drawings attached, email with him saying he hasn't heard anything and then the invoice and string of emails of us asking why he has done the drawings when we didn't ask.

This is after we requesting the notes he is to rely on.

What should my next move be?

Obviously no agreement was attached or notes saying such as there are none!

I would advise against corresponding with them any more now that your Defence has been filed.

"...there is no indication that such work would be undertaken with no charge being made" - are they for real? So one is to assume that the architect took it upon himself to undertake work without any form of authority, agreement, contract, or even suggestion that his services were to be engaged beyond giving a quote?

Jokers.

[uk=clif]

Re: Advice on Debt Not Owed Please

Hi everyone,

Just an update... Received an email this morning from Lane & Co stating that their client wishes to proceed and that they will inform the court.

Thank you

[uk=clif]

Re: Advice on Debt Not Owed Please

Hi everyone, just to update again and further advice needed please.

Received a letter at the end of last week from the court- please see below the copy.

Please see on the letter that one of the points is crossed out about a defence- should I be concerned that my defence was not enclosed as one was submitted? Or is a copy just sent to the other party?

Attached was a small claims track directions questionnaire for me to fill out, mainly just personal details etc and my preference of location. But also about am I calling any witnesses? Should I be calling upon anyone? It was just myself and the other party present at the time when our one and only meeting took place.

It also offers mediation.

Is there a chance this could still be 'struck out' or are we past that stage now?

Thanks as always everyone.

[FlamingParrot]

Re: Advice on Debt Not Owed Please

Hi everyone, just to update again and further advice needed please.

Received a letter at the end of last week from the court- please see below the copy.

Please see on the letter that one of the points is crossed out about a defence- should I be concerned that my defence was not enclosed as one was submitted? Or is a copy just sent to the other party?

It clearly says it's a defended claim, as you were the one submitting the defence, that bit would be intended for the claimant.

Attached was a small claims track directions questionnaire for me to fill out, mainly just personal details etc and my preference of location. But also about am I calling any witnesses? Should I be calling upon anyone? It was just myself and the other party present at the time when our one and only meeting took place.

No, you can put just one in the box, i.e. yourself. You count as a witness.

It's a standard questionnaire for all defended small claims and pretty straightforward, no reason to object to small claims allocation, no need for experts or interpreters, just provide details of your local court and any dates you won't be available to attend a hearing. thumb:

It also offers mediation.

It is usually recommended to tick the mediation box, however, I don't know enough of this case to comment on to whether it would be appropriate to go through it or not. Mediation takes place over the phone.

Is there a chance this could still be 'struck out' or are we past that stage now?

Thanks as always everyone.

Strike out is seen by the courts as a last resort to be used only where no other remedy is available.

The claimant could discontinue the claim if they didn't think they'd win. ray:

[uk=clif]

Re: Advice on Debt Not Owed Please

Thank you very much for your advice, really appreciated.

[nemesis45]

Re: Advice on Debt Not Owed Please

Hi everyone, just to update again and further advice needed please.

Received a letter at the end of last week from the court- please see below the copy.

Please see on the letter that one of the points is crossed out about a defence- should I be concerned that my defence was not enclosed as one was submitted? Or is a copy just sent to the other party?

Attached was a small claims track directions questionnaire for me to fill out, mainly just personal details etc and my preference of location. But also about am I calling any witnesses? Should I be calling upon anyone? It was just myself and the other party present at the time when our one and only meeting took place.

It also offers mediation.

Is there a chance this could still be 'struck out' or are we past that stage now?

Thanks as always everyone.

Hello Clif,

Just simple questions, the address of your nearest county court, you can agree to mediation and given the amount claimed the court would view the claim as suitable for mediation.

If the claimant has not disclosed or supplied any document he intends to rely on the mediator will decline to continue and will refer the claim back to the court.

nem

[uk=clif]

Re: Advice on Debt Not Owed Please

Thanks again everyone. I have mediation coming up in the next few weeks, just waiting for a firm date. Would appreciate some advice on what to expect or any tips? Thanks again.

Clif

[nemesis45]

Re: Advice on Debt Not Owed Please

Thanks again everyone. I have mediation coming up in the next few weeks, just waiting for a firm date. Would appreciate some advice on what to expect or any tips? Thanks again.

Clif

Hello Clif,
Telephone mediation appointment are not any where near as stressful as a court hearing.

Initially the mediator will phone you and " introduce" you to the process and explain what can an cannot be done.
The mediator will be in contact with the claimant/representative ( I presume the architect is acting in person?)
Each side puts their case/response to the mediator and it's relayed to the other party for a response which is relayed
back. You can put anything forward that you wish.
If you can reach a decision on an amicable/reasonable settlement this can be set down in a Consent (Tomlin) order to be
signed by both parties and sealed by the court. It is legally binding on both parties and No CCJ is made. Maintain the terms of the
order and nothing more will be heard, if the agreement is broken by the defendant the claimant can apply for summary judgement.

The mediator is not a judge, solicitor or barrister and cannot give legal advice.
If by any slim chance this was to revert back to the court only the fact that the order failed can be mentioned in court.

nem