A notice of proposed allocation to Small Claims has turned up with the Directions Questionare from the court,

and Carter has sent their copy of DQs along with a letter stating

"The claimant is prepared to settle this matter out of court and we look forward to hearing from you regarding negotiations".

They have ticked the box to say yes to the mediation service on their form.

Two things...

1) What should we do about the mediation.

I can't see there is anything to mediate as it's statute barred,

but not sure if the court expects you to still go through the process?

2) On their DQ Carter have entered a 0 in the "how many witnesses attending" box.

Does that mean they're are not attending at court?

Also will I be able to go with the defendant to the court?

Two things...

1) What should we do about the mediation. I can't see there is anything to mediate as it's statute barred, but not sure if the court expects you to still go through the process? No point to a statute barred claim...state no and the reason

2) On their DQ Carter have entered a 0 in the "how many witnesses attending" box. Does that mean they're are not attending at court? No its should state 1 including themselves.

Also will I be able to go with the defendant to the court? Yes but not allowed to speak

Regards

Andy

The question about mediation, A1, is just a tick box yes/no. There is no box to write reason in. Did you mean just write on the page anyway next to tick box?

Also its to be returned by the 28th July, does that mean it's got to be delivered by the 28th or put in the post by 28th?

And who do we send copies to? Lowells or carter or both?

The question about mediation, A1, is just a tick box yes/no. There is no box to write reason in. Did you mean just write on the page anyway next to tick box? Yes

 

Also its to be returned by the 28th July, does that mean it's got to be delivered by the 28th or put in the post by 28th? Delivered ..served

 

And who do we send copies to? Lowells or carter or both?

We now have a hearing date set.

So time to put a bundle of documents together. Can anyone help with what to include in the bundle?

So I'm thinking I need to include the default notice and the enforcement notice along with all the bank statements.

Anything else that should be included? If we're relying on the Limitation Act should we include anything for that?

You include anything your defence or WS (if you have submitted one) refers to and you rely on as evidence.....

Is this a bundle or Standard Disclosure muzz?

Andy

No idea! Been sent a notice of allocation and a hearing date. The letter says to send a copy all documents, bundled together and numbered to the court and opponent at least 14 days before hearing.

I'm just not sure what should be included. The defence has referenced the limitations act, does that mean i should somehow include a copy of it or an extract.

The defence didn't specifically mention the default notices and statements, and it seems it's for the claimant to prove it's not ststute barred rather then us to prove it is, so do we include the evidence we have of the last payments?

So its standard disclosure in small claims track....yes you can include section 5 from the Statute of Limitations and yes I would also include the statements as last payment evidence.

Are there any sample bundles or guides to preparing one anywhere?

So far I'm thinking it's a front page with the case names and number, Index page, claim form, CPR letter and response, Defence, Section 5 Limitation Act, Bank statements, Enforcement Notice and the Default Notice.

Is there any case law I could include that is relevant?

Anything else that should be in there?

Also what is the timing for having the hearing withdrawn if the court fee hasn't been paid?

Allocation notice stated fee should be paid by 4 Sept, if that hasn't been paid how soon can we expect the hearing to be withdrawn?

So they never paid the court fee. Asked the court if the hearing would be withdrawn. No they say, we write to them and give them 14 days to pay before it's struck out.

Timings mean that takes us beyond the date to submit copies of documents. So copies of documents sent out.

Week goes by and then Carter sends a notice of discontinuance.

Checked with Court and the hearing has finally been cancelled.

So hopefully that's the end of the matter.

Thanks for the help and advice.

Excellent muzzle...another carter bites the dust.

Well done.

Regards

Andy