Jump to content

1882ian

Registered Users

Change your profile picture
  • Posts

    24
  • Joined

  • Last visited

Reputation

1 Neutral
  1. Andy 3. The Defendant do pay the Claimant’s costs of the claim, in the sum of £[ ] within 14 days. just checking is the claimant and defendant the right way around as it sounds like I am paying their costs? Ian
  2. Andy Filling in N244 going for strike out in question threebecause of failure to comply with the Judge’s order on points 6, and 9, on point 14, no reply to taking up the mediation that Iapplied for should I mention this as well? or just leave it at points 6 and 9 Not sure if I need to fill out the rest of the N244 form point 4-10 anyadvice Thank Ian
  3. I have had an email back from the court this must be the tendays they were talking about, Thank you for your email. Please note that all email enquiries sent to the court in relation to casespecific queries are printed and treated as correspondence. The court in accordance with the courtscharter has 10 working days to deal with all items of work received at thecourt. Do not send multiple email blah blah blah. All I said in my email was, I have a hearing date of the 25th andwas getting concerned that I was expecting documentation from the other party bythe 12th as stated in the order in June 2013 then I highlightedpoint 6 – 9 in the order. Do you think the judge will see my correspondence beforethe 25th? as it’s within the 10 day period of them replying. Should I leave it at that for them to let they make a decision onthe day? Again thanks forall your help
  4. Andy Sent an email to the court today asking if the otherparty had put any documents into the court as I couldn’t get through on the phone.Got an acknowledgement back they will reply in time. Persisted with the phoning, and just got through, I asked if thecourt had received any documents from the other party, no was the reply butthey had paid £165.00. Should you not of received the documents no later than 14days before the hearing. The reply was they have an initial 10 days. (Didn’t understandthat) Are they in breach of the order, I cannot answer that. They didn’t think there was a problem well that it howthey made it sound. Should I email the court again to ask the court to impose sanctions for none compliance of court directions Many Thanks
  5. Hi all I have the court case next week; I was expecting somedocuments from the other party. Should I ring the court to see if they have hadany? As stated 6. Eachparty must deliver to the other party and to the court office copies of alldocuments on which that party intends to rely at the hearing no later thanfourteen days before the hearing. Thanks in advance
  6. citizenB the compete court order nothing about ifwe fail in mediation 1. This claim is allocated to the small claims trackand the parties are referred to part 27 of the civil procedure rules and thedirections of that part for guidance on how the hearing of the claim will beconcluded 2. The claim will be heard at on a date and at atime which is set out on the notice attached to this order. The court reservesthe right to change the place and time. 3. From theavailable papers it is estimated that the hearing will take one and a halfhours. If a party is aware of a reason why this estimate might be substantiallyinaccurate that party must notify the court immediately. 4. The parties are encouraged always to try tosettle the case by negotiation. The partiesare encouraged to contact each other with a view to try to settle the case ornarrow the issues. 5. The following paragraph set out the judge’sdirections for preparation for the hearing. Failure to comply with thedirection may result in the case having to be adjourned and the party at faulthaving to pay cost. The following directions apply to this claim. 6. Each party must deliver to the other party andto the court office copies of all documentson which that party intends to relyat the hearing no later than fourteen days before the hearing 7. The original documents must be brought to thehearing 8. The judge may refuse to consider a document ortake it into account if a copy of it has not been sent to the other party asrequired by this order 9. The document to be sent to the other party andthe court must include the statement of all witnesses. (including the parties themselves) 10. Witness statements must: a. Start with the name of the case b. State full name and address c. Set out the witness evidence d. End with this paragraph. I BELIEVE THAT THEFACTS STATED IN THE WITNESS STATEMENT ARE TRUE e. Be signed by the witness and dated 11 11. The judge mat refuse to hear the evidence or considerany statement of any witness whosestatement has not been prepared and copied to the other party and the court in accordancewith the paragraph above 12. If a witness is unable to read the statement inthe form produced to the court the statement must include a certificate that ithas been read or interpreted to the witness by a suitably qualified person. 13. Neither party may rely at the hearing on anyreport from an expert unless permission as been granted 14. Note to court staff: at least one of the partieshave requested that the case be referred to the small claims mediator. Please referthe case to the small claims mediator. 15. Because this order has been made without ahearing , the parties have the right to apply to have the order set aside,varied or stayed. A party making such an application must send or deliver theapplication to the court (with fee) to arrive within seven days of this order. On the notice of trial date that is in September there is aline in bold at the bottom of the page pleaseensure that you read both notices and comply with any directions given.
  7. Citizen Thanks, Yesthey ticked the box. I contacted the Small Claims Mediation Clerk as the Courthad sent out a pamphlet with the court papers on how to start mediation. When Ispoke to them they sent out the paper work I filled it in, and then I was toldto wait 14 days for them to take up the offer of mediation as it is voluntary.
  8. Hi all, 14 day are up the mediation that was requested theydid not reply to. Do I have to notify the court to make them aware as the judgemade it a direction on point 14? Any help most appreciated
  9. Was a bit concerned about how long thing were taking and mywife would have to have her money stopped till the out come of the tribunal, asthey stated that they would not have to deal with my wife till mid-October. If shewon then back dated is no consolation, spoke to our local MP within a couple ofdays she has now received a date for the hearing. Could be a coincidence? Will keepyou informed.
  10. Update, Still a bit confused if judge has asked the courtstaff on point 14, to refer to mediation as one party has requested this. Whydo they keep telling me that mediation is voluntary (surely not voluntary asthe judge has asked for it) and now I have to wait 14 days as both parties needto consent? Why have they not filled in the form for mediation?
  11. DD Yep, they requested mediator The card was taken out in the 1990s. Final payment Sept 2010 Proceedings by MKDP LLP Original Barclaycard
  12. Received: Notice of Trial Date September 2013 at my local county court. Order Points 1-4 I understand Point 5. The following paragraphs set out the judge’sdirections for preparation for the hearing. Failure to comply with the directions may result in thecase having to be adjourned and the party at fault having to pay costs. The following Directions apply to this claim: Point 14) Note to court staff: At least one of theparties has requested that the case be referred to the small claims mediator. Pleaserefer the case to the small claims mediator. Do I now have to use this service as it’s in the judge’s directions?
  13. So worst case after 365 day no money loses appeal no more money or is there anything she can do?
  14. My wife applied for disability living allowance in April2009 she was assisted with the form filling by the CAB She had a medical 19 April 2010 on the 27 April shereceived a letter from DWP stating she was not entitled to DLA and how theyreached their decision. CAB told my wife she should appeal 6/5/2010 sent off anappeal received a reply 16/7/2010 stating the decision is upheld. On the 10th August she received a letter from ATOSwith an appointment for another medical on the 30th August. No other correspondence until she received a letter fromthe job centre plus stating that she had been put on the WRAG group 13/09/2012and they would wright to her with a date for an interview. Interviewed on 31/10/2012. The guy she saw said she shouldn’tbe in the WRAG she should have been put in the Support group. He asked here whyshe hadn’t appealed. Her reply was that she had not received any other correspondence. He gave her a reconsideration and appeal process leafletto complete a GL24 form. She sent that off same day 31/10/2012. Nothing back tosay they had received her form. Next letter dated 14/2/2012 saying the enclosed theappeal papers these papers give the reason for our decision. We have sent a copyof the same information and your appeal letter to the tribunal service they willget in touch with you to explain what happens next with the appeal. She has spoken with the CAB 7/3/2013 and they haveadvised her that she is to inform them of a tribunal date. If that takes 18 monthdoes that mean she will be without any money?
×
×
  • Create New...