*** WON *** Maude123 v UK Services & Support - Court date 6-8-15 Manchester

[Tools]

Re: Maude123 v UK Services & Support - defence sent waiting court date

The link is auto completed with the LB url preceding it, it happens sometimes when people post up links.

The original link will have been a clickable item detected on Maude's Ipad or other Apple product that allows her to add to her calendar

[Amethyst]

Re: Maude123 v UK Services & Support - defence sent waiting court date

The link is auto completed with the LB url preceding it, it happens sometimes when people post up links.

The original link will have been a clickable item detected on Maude's Ipad or other Apple product that allows her to add to her calendar

ahhhhhhhhhh thank you kindly

[Maude123]

Re: Maude123 v UK Services & Support - defence sent waiting court date

You've SO lost me now!

[Amethyst]

Re: Maude123 v UK Services & Support - defence sent waiting court date

lol, sorry xx

I would respond just for completeness for the ocurt - it looks bad if you refuse to mediate but I think it is absolutely fair to say you do not wish to discuss matters by telephone.
---------------------------------

Dear Mr Mercer

Thank you for your email which I received on xxxxxxxx 2015. Please be aware I do not with to speak with your company by telephone.

If you have questions relating to my Defence or relating to the County Court claim you have bought against me then I would request you put these in an email or letter to me so I may respond.

Kind regards

Maude123

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[Maude123]

Re: Maude123 v UK Services & Support - defence sent waiting court date

If she does send this by email Sharon will she not be open to more charges from them?

[EXC]

Re: Maude123 v UK Services & Support - defence sent waiting court date

If she does send this by email Sharon will she not be open to more charges from them?

There's always that possibility but as Amethyst said, if & when it goes to court it will be in your interest to demonstrate that you've been willing to mediate with them. Courts want to see parties make the effort to settle before a hearing and I doubt that the court would look to favorably on BPS if they attempted to charge you for doing so.

[Maude123]

Re: Maude123 v UK Services & Support - defence sent waiting court date

OK I'll reply on her behalf, being her representative at court, along the lines suggested!

- - - Updated - - -

BTW does Maude put me down as a witness if I will be advocating for her at court?

[EXC]

Re: Maude123 v UK Services & Support - defence sent waiting court date

BTW does Maude put me down as a witness if I will be advocating for her at court?

Do you mean at court? I'll ask [MENTION=6]Amethyst[/MENTION]

[dan_1207]

Re: Maude123 v UK Services & Support - defence sent waiting court date

OK I'll reply on her behalf, being her representative at court, along the lines suggested!

- - - Updated - - -

BTW does Maude put me down as a witness if I will be advocating for her at court?

You won't be able to speak on the Defendant's behalf, but you can suggest to her what ought to be said. No need to list yourself as a witness in this regard.

[mystery1]

Re: Maude123 v UK Services & Support - defence sent waiting court date

You won't be able to speak on the Defendant's behalf, but you can suggest to her what ought to be said. No need to list yourself as a witness in this regard.

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27/pd_part27#3.1

Representation at a hearing
3.1 In this paragraph:
(1) a lawyer means a barrister, a solicitor or a legal executive employed by a solicitor, and
(2) a lay representative means any other person.
3.2
(1) A party may present his own case at a hearing or a lawyer or lay representative may present it for him.
(2) The Lay Representatives (Right of Audience) Order 1999 provides that a lay representative may not exercise any right of audience:–
(a) where his client does not attend the hearing;
(b) at any stage after judgment; or
(c) on any appeal brought against any decision made by the district judge in the proceedings.
(3) However the court, exercising its general discretion to hear anybody, may hear a lay representative even in circumstances excluded by the Order.
(4) Any of its officers or employees may represent a corporate party.

M1

[dan_1207]

Re: Maude123 v UK Services & Support - defence sent waiting court date

https://www.gov.uk/represent-yourself-in-court/overview

Seems to depend where you look, but in a Small Claims matter, I'd suggest a letter sent to the Court advising them of your intention. I don't see any difficulty in that, as ultimately, the judge will have discretion.

[mystery1]

Re: Maude123 v UK Services & Support - defence sent waiting court date

Lay representation and McKenzie friends are different.

M1

[Kati]

Re: Maude123 v UK Services & Support - defence sent waiting court date

Most small claims hearings are in public unless there are good reasons for a private hearing. You can take a lay representative, such as a friend, colleague or an advice worker to act on your behalf, provided that you also attend the hearing, but will have to pay their costs even if you are successful.

If you are not using a friend or relative, you should ensure that the lay representative belongs to a professional organisation that guarantees the quality of the advice and is able to compensate you if the advice was incorrect.

Going to Court - Advice Guide

[dan_1207]

Re: Maude123 v UK Services & Support - defence sent waiting court date

Interesting! Thanks, both. I stand fully corrected.

[Maude123]

Re: Maude123 v UK Services & Support - defence sent waiting court date

We have had to scan and email the questionnaire as I hung on for a reply from the half wit with regard to his email. As per usual he didn't respond as he was only giving the impression that he actually wanted to resolve the issue and was probably trying to delay our reply long enough for us to go out of time.

naturally we ticked the mediation box marked NO and I included a letter explaining the reasons why!