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"

 

 

I note from RBS letter that you ignored the above advice and issued directions with your DQ...RBS needn't have concerned themselves as yours would be ignored anyway and the Courts Directions will be issued irrespective along side mediation process.

 

Andy

I understood from your last comment that at worst and most likely they would be ignored. But thought what the hell.

Your point that RBS need not have concerned themselves was also what I expected as well. So im puzzled as to why they did.

The fact that in their letter they ask for NO directions to be requested until mediation is complete I found very odd

Could it be that Practice direction 27 small claims track - 2.4 allows "A party may ask the court to give particular directions about the conduct of the case."

But as always asking does not mean get and it would be down to the DJ to decide and I suspect they would as you suggest more than likely ignore mine anyway

I of course am only just learning this stuff so I suspect i am completely wrong

CPR 27.4 (3)

(3) In this rule –

(a) ‘standard directions’ means –

(i) a direction that each party shall, at least 14 days before the date fixed for the final hearing, file and serve on every other party copies of all documents (including any expert’s report) on which he intends to rely at the hearing; and

(ii) any other standard directions set out in Practice Direction 27; and

(b) ‘special directions’ means directions given in addition to or instead of the standard directions.

Thank you

Think maybe you need to educate my trainee Barclays solicitor on the process as well XD

Hi folks.

Have not heard anything for the last couple of weeks. Should I hear form the court or mediation services by now?

Should I write to RBS? Maybe say that I belive the basis of my claim is sound but in the interests of trying to save court time and resources that if we agree a settlement out of court that I would be willing to waive the 8% s69 interest the court has the power to award on top of my claim?

Hi SS,

You could contact the court to ask when you're likely to hear about mediation.

Personally, I would not make an offer to waive anything just yet.

Thank you.

Will do as you suggest.

Glad I phoned court today.

They say they did not receive my N180.......

When I said it was signed for and gave name time and date they have said they will search for it. (They asked for the royal mail tracking number) and let me know if they found it tomorrow. They sent an Order to me today via post (Yet to receive it) prob asking for me to respond or get struck out.

Just to be on the safe side I sent an email with a copy of everything N180 related attached including proof of postage and proof of delivery..

Hi SS,

Noted, and keep us posted.

Phoned Court 2 days ago when the order arrived in post. Their system now shows having recieved my Questionnaire and its placed with mediation. Assume that the order has been satisfied then.

Any idea what to expect from the mediation team and how to handle it?

Glad I phoned court today.

 

They say they did not receive my N180.......

 

When I said it was signed for and gave name time and date they have said they will search for it. (They asked for the royal mail tracking number) and let me know if they found it tomorrow. They sent an Order to me today via post (Yet to receive it) prob asking for me to respond or get struck out.

 

Just to be on the safe side I sent an email with a copy of everything N180 related attached including proof of postage and proof of delivery..

Telephone mediation or face to face?

Should be telephone

Should be telephone

It's a simple process, however you need to be prepared with all your paperwork, make a bullet point list of what you propose to negotiate on, listen very carefully to what the mediator relays to you, then make your reply/ proposal which will be relayed to the claimant who will answer via the mediator.

You do not speak to the claimant directly, it far less stressful than trying to put your case than it would be before judge with the claimant representative actually present.

The mediator is not a judge or a lawyer they are specially trained officers of court, but cannot give legal advice.

One simple point make sure that your telephone line is kept clear for the time allowed for the mediation calls.

if all goes well and a mutually acceptable agreement is reach an Consent Order ( Tomlin Order)is drafted you will receive copies to sign and return these will be sealed by the court and the order becomes binding on both parties.

As long as the terms of the order are kept to no CCJ is made, if the terms are breached the claimant will apply for judgement.

Hope that helps.

Brig.

Thanks Brig, some useful info there.

In this case I am the claimant

Thanks Brig, some useful info there.

In this case I am the claimant

Ok even more reason to have all your documents and bullet points close to hand.

I have been involved in a number of the HMCTS Small Claims Mediations this is an effective way

of settling matters.

Thanks Brig

Today recieved notice that my case has been transferred to my local court.

Minor update - 27/08/14

FOS have referred my complaint against Moorcroft to an ombudsmen.

Sar Update - Moorcroft have complied (Sort off) Instead of copies of the letters they actually sent to me they have provided template letters and coms log. Incidently no proof they requested or passed on my cca request. Also they have added a "adjustment" to one account of £25 at the start. They do not own that debt so Im considering challenging them on that.

Natwest time has expired, they have not cashed the postal order or responded. 7 day letter before action sent to them. They have received and signed for the original request. Think they may deliberately be obstructive due to the court case

Ooh another letter from Moorcrap.

"They have been in touch with Natwest and they have had no contact from me since they complied with my CCA request" (The court case must be a figment of my imagination then)

I "Must" forward the relivent documentation confirming my actions (Like hell)

As Natwest (And by extention RBS) have an obligation to prevent their agents chasing me should I use this letter and complain against Natwest for harassment? Who to and what to say?

SAR Update - After a letter before action giving them 7 days threatening court action and ico and including a copy of proof of postage and proof of delivery they have replied apologising, blaming human error and are now going to comply.

Ooh another letter from Moorcrap.

 

"They have been in touch with Natwest and they have had no contact from me since they complied with my CCA request" (The court case must be a figment of my imagination then)

I "Must" forward the relivent documentation confirming my actions (Like hell)

 

As Natwest (And by extention RBS) have an obligation to prevent their agents chasing me should I use this letter and complain against Natwest for harassment? Who to and what to say?

So, despite there being a claim in the process, Moorcroft are continuing to harass you - claiming it is under instruction from their client ?

I would say yes, a complaint to Natwest - there is no reason to have a DCA pursuing for an account that is subject to litigation - definitely harassment. Complaint to NW head/registered office and copy it to Moorcrap !

Thanks CitB

I shall begin working on something.

I suspect they will come out with some Bull regarding the fact that my claim is being handled by RBS and not their subsidiary Natwest.

OK complaint sent to headoffice NatPest.

1) Failure to notify me that Moorcroft will be acting on their behalf

2) Denying court action is in progress to Moorcroft

3) Failing to inform Moorcroft that action should be frozen pending legal proceedings coming to an end.

14 days given for them to reply positively

copy sent to Moorcrap

Still waiting to have first contact with the mediation team though :/

Ok Bit annoyed

Mediation were "Not able to contact me as my contact details were not passed onto them" despite them being clear on the N180

Out of chance I phoned regarding my mediation with Barclays and asked them to check up on this case. Whats worse was on their system there was a court date showing TOMORROW (Friday) and an ORDER was sent out on the 15th.

Order was from Judge telling both parties to engage in mediation by 15th Oct

So I updated them with my contact details. Re confirmed my willingness to mediate.

I then Phoned the Court who confirmed the phone call I just made. They transferred me to the Listing Team who initially could not find any hearing. It turns out that for their system to work they need a hearing date before they can issue an order??? They simply forgot to delist the hearing. So that is now delisted.

Resent the scanned in copy of my N180 and confirmed the phone calls to mediation team to create a paper trail.

Lesson learned? Make sure you phone all third parties as soon as they do not make contact when they should and make sure you get confirmation that paperwork has been received by those that need it.

In this case the 2 paperwork blunders have meant the scheduale for my 2 cases are now on top of each other despite me setting them a month or so apart grrrr