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Bryan Carter

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  • #31
    Re: Bryan Carter

    Originally posted by AHG View Post
    Hi Nem check for what?

    Thanks
    That the stay is still in place.

    nem

    Comment


    • #32
      Re: Bryan Carter

      Originally posted by nemesis45 View Post
      That the stay is still in place.

      nem
      If the stay is still in place do i need to acknowledge this letter? And if so do I meed to attend court?

      Sorry I'm quite lost in all this...........

      Comment


      • #33
        Re: Bryan Carter

        The letter is just a notice of the process so far no need for any action.

        For peace of mind check with the court.

        nem

        Comment


        • #34
          Re: Bryan Carter

          Originally posted by nemesis45 View Post
          The letter is just a notice of the process so far no need for any action.

          For peace of mind check with the court.

          nem
          Just checked with the court and the case is no longer stayed.

          Comment


          • #35
            Re: Bryan Carter

            Good job you checked!!
            Ok now is the time to get every thing in order.
            Complete DQ and return.
            Compile witness statement.
            have a look around similar threads and you will see what's needed.

            nem

            Comment


            • #36
              Re: Bryan Carter

              Originally posted by nemesis45 View Post
              Good job you checked!!
              Ok now is the time to get every thing in order.
              Complete DQ and return.
              Compile witness statement.
              have a look around similar threads and you will see what's needed.

              nem
              just received Bryan Carter's copy of the Directions questionnaire where it says that they will agree to go for a small claims mediation service, should i do the same?

              Comment


              • #37
                Re: Bryan Carter

                Yes the court expects this to be done.

                nem

                Comment


                • #38
                  Re: Bryan Carter

                  Originally posted by nemesis45 View Post
                  Yes the court expects this to be done.

                  nem
                  Thanks Nem, will i have to attend court ?

                  Comment


                  • #39
                    Re: Bryan Carter

                    Originally posted by AHG View Post
                    Thanks Nem, will i have to attend court ?
                    Mediation for small claims is even less stressful than an in chambers hearing!!
                    All done by telephone appointment, you will be contacted by a mediator to fix a date
                    when you and the claimant are available.
                    The mediator will then ask the claimant to state their case then phone you with the information given,
                    you state your defence and evidence to support the mediator then phones the claimant with your answer.
                    This pattern continues until an agreement is reached or negotiations break down.

                    If an agreement is reached an order is drafted for you and the claimant to check and sign, these are
                    then sent to the court for " sealing" a sealed copy is then sent to you.
                    If the terms of the " consent order " ( Tomlin Order) are kept to NO CCJ is Made.
                    Failure to maintain the agreement then the claimant can enter judgement.

                    The mediators are Not Judges/solicitors/lawyers and Cannot give any legal advice.

                    nem

                    Comment


                    • #40
                      Re: Bryan Carter

                      Originally posted by nemesis45 View Post
                      Mediation for small claims is even less stressful than an in chambers hearing!!
                      All done by telephone appointment, you will be contacted by a mediator to fix a date
                      when you and the claimant are available.
                      The mediator will then ask the claimant to state their case then phone you with the information given,
                      you state your defence and evidence to support the mediator then phones the claimant with your answer.
                      This pattern continues until an agreement is reached or negotiations break down.

                      If an agreement is reached an order is drafted for you and the claimant to check and sign, these are
                      then sent to the court for " sealing" a sealed copy is then sent to you.
                      If the terms of the " consent order " ( Tomlin Order) are kept to NO CCJ is Made.
                      Failure to maintain the agreement then the claimant can enter judgement.

                      The mediators are Not Judges/solicitors/lawyers and Cannot give any legal advice.

                      nem
                      Thanks again Nem i will keep you posted. Great help.........

                      Comment


                      • #41
                        Re: Bryan Carter

                        Hello again, the saga continues,
                        Just received a letter from the court saying that myself and the claimant (Lowell) must send to the court all the document we will rely upon at the final earing, it also says that i can ask to go to mediation. does this mean i have attend court?
                        How do I proceed, help please!

                        Comment


                        • #42
                          Re: Bryan Carter

                          [MENTION=55034]nemesis45[/MENTION] ??
                          Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                          It doesn't matter where your journey begins, so long as you begin it...

                          recte agens confido

                          ~~~~~

                          Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                          I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                          But please include a link to your thread so I know who you are.

                          Specialist advice can be sought via our sister site JustBeagle

                          Comment


                          • #43
                            Re: Bryan Carter

                            Hi,

                            Ok, the final filing of all the " evidence "you intend to use support your defence. e.g. Carters refusal of CPR 31.14
                            CCA request sent to claimant their response.
                            All Numerically indexed.

                            Mediation as explained in post 39/ Say yes!! It's a telephone appointment no court hearinh.

                            nem

                            Comment


                            • #44
                              Re: Bryan Carter

                              Originally posted by nemesis45 View Post
                              Hi,

                              Ok, the final filing of all the " evidence "you intend to use support your defence. e.g. Carters refusal of CPR 31.14
                              CCA request sent to claimant their response.
                              All Numerically indexed.

                              Mediation as explained in post 39/ Say yes!! It's a telephone appointment no court hearinh.

                              nem

                              I already had mediation a few weeks back and it did not get anywhere, this letter is asking again if i/we want mediation, i still had no reply to the CPR etc. I guess that this time i must attend court?

                              Thanks

                              Comment

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