Hi Ford

I got an email from Small Claims Telephone Mediation as both parties have filed DQ (N180) and have all requested mediation and provisional appointment time and date is on 26/02/2018.

I have not being on mediation before and don't know what to expect. Here is the copy of the email I got today.

Small Claims Telephone Mediation Service.pdf

Delegating Authority to mediate (attachment) (1).doc

Anyone went through Mediation??

a##mediation will ask have you all the paper work requested from the claimant , if not state not suitable for mediation & pass back to the court system,. or if an offer has been put on table they will pass info from you and them and mediate between you, depends on your situation?

Hi Old Cogger

Sorry for not replying on time as i was abroad for a short break.

I am the claimant and I have all the papers work from the claimant and not offer has put on the table.

1) 1. Should i bypass the mediation?

2. will this mediation will affect the case?

Simply put an offer to them in mediation that you are prepared to accept and settle without the need to proceed to trial....if they reject it.... you proceed...you have participated in mediation but it failed.

Andy

Thanks Andy brilliant idea.

If you do proceed please consider that you will have to pay a further hearing fee ...so look at what you have initially claimed...work out the interest section 69 amount plus the hearing fee and offer that as a discounted settlement amount

Hi Andy

The claim on the issue date: 11/12/2017 was £8,164.21 including court fees (£410) , Interest per S.69 County Courts Act

1984 of 8% (£739.60). As you know well the interest go up every day.

Hi ...okay so its already cost you £410 to issue the claim...you will have to pay a hearing fee of £335.00 if it goes to allocation.....your section 69 interest is at £739.

So if you were prepared to settle on the initial debt amount £8k...thats a discount of £1400.00...otherwise if you win they will have to pay £9.5

Hi Andy

I phone the court yesterday to agree on a date for mediation, however the court thinks the case is not suitable for mediation and the case will be forwarded to AD.

It looks like i will start preparing my bundles.

Fair enough...although I do not know how they reached that decision...as you are the claimant with all the necessary documents and pleadings of your case.

Same scenario happen to me with Barclay until few days before court date.I am prepared to go all the way whatever the outcome of the court.

Hi

Here is the claim history,now is transferred to local county court

You submitted a claim on 08/12/2017 at 15:00:42

Your claim was issued on 11/12/2017

Capital One (Europe) plc filed an acknowledgment of service on 19/12/2017

A bar was put in place for Capital One (Europe) plc on 12/01/2018

Capital One (Europe) plc filed a defence on 12/01/2018

DQ sent to Capital One (Europe) plc on 12/01/2018

Capital One (Europe) plc filed a DQ on 30/01/2018

DQ filed on 30/01/2018

Your claim was transferred to CROYDON on 02/03/2018

So Notice of Allocation next...this will contain the court directions (Disclosure and Witness statement exchange) and fee payment date for the hearing.

Andy

Hi

The update to the case. The claim was transferred to CROYDON on 02/03/2018, it seems the court couldn't find the particulars claim therefore,the court send mean order lettre saying " The claim remain stayed pursuant to the order dated 12/04/2018 until claimant files at court 2 copies of Particulars claim which comply with CPR16.4(1) and which is endorsed with a signed Statement of truth."

My question is

1) Do i date the POC of today date or dated when the claim was issued (11/12/2017).

2) If i put the present date do i change the amount claimed due to interest which was calculated on 11/12/2017.

Any suggestion would be helpful.

Thank you

The issue date.

Thanks Andy

Hi Everyone

Today, I received The "Notice of Allocation to the small Claim Track ( Hearing). So the hearing will take place on the 18 February at the county court at Kingston-upon-Thames. In their defence (paragraph26) they mentioned that the claim is time barred under ( Limitation Act 1980) because I did not include the act in my POC by the virtue of s32 (limitation act 1980 as per Kleiwort Benson V Lincoln City Council) for charges older than 6 years. So could I include this act in my Statement and to start preparing my court bundle.

Anyone had a case against Capitale one? Here is the attachment of their defence.

Thanks

Noumidia

Hi Here is the copy of capitaleone defence

Capital1 defence22.pdf

Yes you refer to s32 (limitation act 1980 as per Kleiwort Benson V Lincoln City Council) in your statement and a copy in your disclosures.

Andy

Thanks Andy,

In the statement do I need just copy my POC and add the extra paragraph of limitation act 1980, if so do I need to to the recalculate the interest s69 under the county Court act. Thanks for your assistance.

Noumidia

No a witness statement is a particularised version of your particulars...in detail explaining your claim with reasons and supported by exhibits.

Hi

Please I need help for preparing a statement of evidence. I have 3 statement of evidence copied from con summer Wiki but I don't know which one to choose and build my statement of evidence.

Any assistance would be very helpful

Noumidia

Hi

Please I need help for preparing a statement of evidence. I have 3 statement of evidence copied from con summer Wiki but I don't know which one to choose and build my statement of evidence.

 

Any assistance would be very helpful

 

Noumidia

The following should give you some idea of form content layout etc.

Witness Statement BArclays reclaim.pdf

Andy

Thank Andy