On filling out the court defence area do I need to lay this out as particulars of claim and defence. do I ref anything before and after?

Tigs

Not on MCOL you just type it as above into the defence box and submit.

Done the deed, and filled the defence. Spent the last 3 hours going back over it and changing words and looking at spelling.

That's another stage completed and another tick in the box.

Tigs

Thank you Andy for the help

What words have you changed tigger ?

Sorry for the delay in replying Andy, wasn't that much

Ref no 5 end bit was changed to this :

To date the claimant has yet to comply with this request.

The claimant is therefore in default of the statuary 12 days.

The ref to money is worded as monies, minor stuff.

Tigs

Received in the post a notice of proposed allocation to fast track.

Which got on Saturday 27th September 2014, this says

1. defended claim

2. suitable for fast track.

3A: By 24th October 2014 complete directions questionnaire and server copies on all other parties

3B: Agree directions with other parties

3C: File proposed directions

Got Fridays off from work for the next 2 months so was planning to look at this tomorrow night, over weekend .

Tigs

Today in the post I have been sent a forwarded letter from an old address. which MKDP have used ( Not the address on the court paperwork) Getting rather fed up with this now....

Draft directions and questionnaire,

1. Fast track

2. Mediation ( 21 days to refuse this proposal, witness statement for reasons which will not be disclosed to the judge until costs are raised).

3A. standard disclosure doc lists

3B. inspect original doc, or provide copy of.

3C. any request unless objected to within 14 days.

4. evidence/ statements/ witness statements/ relating to evidence. oral evidence shall not be permitted .....

5. no expert evidence to be given.

6. pre trial check list/ trial window/ length of trial/ availability for trial.... place of trial..

7. between 7-3days before trial serve bundle of docs, agree contents of said bundle.

8. skeleton arguments more than 3 days before.

9. have right to set aside, varied or stayed.

Funny thing is they have asked on the questionnaire for a one month stay....

Tigs

" Funny thing is they have asked on the questionnaire for a one month stay...."

I bet they have..... its Fast Track and the hearing fee aint cheap:wink:

Still have had no response to the requested CCA or CPR, should I send a reminder requesting a response to this?

Im also thinking on mediation, that I should offer a settlement figure by recorded delivery that's low say £50...... but word it as not to prejudice or incriminate myself or to admit liability on a debt that has not been proven as the above cca,cpr has not been complied with.

Whats best way forward?

Tigs

No reminder needed Tig, if they choose to ignore the requests or cannot answer them, it will only strengthen your position. Leave it with them.

In relation to mediation, could I just clarify you are considering making an offer of £50 F&F settlement of a purported £11k debt?

I need to enter into some sort of mediation, as per the court recommendations.But as they have not supplied any entitlement to be asking for this amount my gut is saying not one penny. I dont want to look like i am not willing to discuss options..

I wont be bullied into giving in and rolling over..

Tigs

I need to enter into some sort of mediation, as per the court recommendations.But as they have not supplied any entitlement to be asking for this amount my gut is saying not one penny. I dont want to look like i am not willing to discuss options..

 

I wont be bullied into giving in and rolling over..

 

Tigs

There is no point offering £50 in F&F on an £8000 debt. Total waste of time.

The debt isnt for 8k... what are the options for mediation? bear in mind they want money...

The debt isnt for 8k... what are the options for mediation? bear in mind they want money...

Sorry. £11,406.91.

I need to enter into some sort of mediation, as per the court recommendations.But as they have not supplied any entitlement to be asking for this amount my gut is saying not one penny. I dont want to look like i am not willing to discuss options..

 

I wont be bullied into giving in and rolling over..

 

Tigs

Hi Tig

Maybe it would be best to consider any sort of formal or informal mediation at the point the court expects it i.e. both parties agree and the claim is stayed pending time for mediation to take place.

At that point, they may have disclosed, you may view your options and position differently, evidence and opinions may have moved etc.

You can then consider your mediation options fully and taking into account all the information that may be available at that point, which may alter your offer options and approach to mediation.

Mediation invoked by the court is without prejudice, so if unsuccessful any offers will not be presented to the court, the court will simply be advised the mediation was unsuccessful. You are therefore at liberty to offer £50 F&F if you deem that suitable.

Don't be blinded by the moral fight and personal points of view, make sure you weigh up the risk and rewards of any claim continuing to court (particularly Fast Track) when the opportunity of mediation presents itself and closure is possible on your terms.

Obviously if the debt is not yours and/ or the agreement was executed outside of the appropriate regulations which can all be proved (or they cannot prove it was) then that is a very strong position to be in and a lot of people on here would welcome that. But that is rarely the case and there seems to be elements of peoples cases that are open to interpretation by the judges which present risk to your success.

All just something to consider whilst progressing through the claim.

I personally would leave any offers or mediation/ ADR until the point the court expects it, at which point all the information/ evidence would be available to consider your mediation options.

A

Just looking at sorting out my draft directions. what should I consider to undermine their case, that the judge can give a direction on.

I have the MKDP, copy they sent. which I don't like the no expert evidence is permitted. Got to serve this back by the 24th October, got say 2 weeks to sort this all out

Tigs

My gut feeling is to go for the documents and start with something along this type of line..

1. The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

REQUEST THE CCA AND CPR this cannot be complied with then the is struck out.......

2. mediation

3. fast track/ standard disclosure to both parties/ any objections with in 14 days

4. evidence/ signed statements./ oral evidence is permissible but only at the courts direction.

5 expert evidence is permissible

6. pre trial lists/ window/ length/ availability for trial.

7. claimant must file indexed and paginated bundle.

8. skeleton arguments

9. allows for order to be varied, on agreement with both parties. the applicant party will send application to court plus fee....

Any thoughts very much welcome

Tigs.

what's the best course of action to force their hand

CPR is not mandatory Tiggs...just request documents previously requested.

Andy would the documents fall under the standard disclosure for documents?

Tigs

Depends what you requested ?

From MKDP ? in ref to the CPR was the following

1: The agreement.

2: The assignment.

3: The default notice.

4: Statement of account showing how the amount claimed has been reached.

Does that mean that the CCA could be considered mandatory?

Tigs

No its only mandatory when you request it using section 78...that's why you always request a CPR and CCA on receipt of a claim.

As for the rest ...directions are not about requesting disclosure...but about how the claim will proceed...but you can still drop it in as previously requested under CPR 31.14...you expect at standard disclosure the court compels the claimant to disclose all documents previously requested and of which the claimants claim relies upon.

Thank you Andy, that helps a lot keeps my current draft directions growing nicely

Tigs