well if they cant provide the correct? paperwork

what chance have they got of countering sb? little imho

ok thanks

ok so moriarty law have advised i made a DMP payment on the account back in 2014 so they are proceeding with the claim.

what is my play here, i'm happy to pay it but they are saying the loan is for 880 pounds which i know for definate it is isnt. even the credit consumer agreement says it is for £170.00 with interest £220.15

thanks

well thats the date it said on the court forms but on the paperwork they sent me it says 2011

Court forms state past payment 2011

Now you advise....

" ok so moriarty law have advised i made a dmp payment on the account back in 2014 so they are proceeding with the claim. "

Only you can resolve this and remember...if you did enter a DMP...did make a payment in 2014.....or you are sticking to the court forms of 2011 ?

I assume you submitted the SB defence ?

Andy

yes i did submit the statue barred defence.

i cannot remember if i made a dmp repyament but it is highly likely i did.

what should i do contest it again, the amounts are definitely wrong?

Just proceed and adapt at your witness statement stage...you will be able to argue lack of paperwork ....incorrect amounts added to claim after termination etc etc......await the Directions Questionnaire (N180) next.

Andy

OK i havent got any paperwork i assume this witness statement is an option i can take when i get it?

am i saying im happy to pay for what i owe or am i just argueing it completely?

Let the court decide once you submit your statement and evidence.

ok thanks

Thread tidied

And named correctly

Hi all,

The court has send a small claims direction questionnaire.

Just wondering what is best to do here.

Only one option...complete it and submit it by the date required...otherwise you risk your defence being struck out.

Andy

just bearing in mind my original defence was that the it was statue barred, but it wasnt.

Does that change anything about what im writing?

Not at this stage...the DQ is simply to allocate the claim to your local county court...once there you will then be given directions to submit a further statement and disclose your documents you rely on.

sorry just one more question. As its got to this stage will I definitely have to attend a small claims hearing now.

also should I fill in the mediation leaflet in as well?

Yes...all parties are expected to participate in mediation...irrespective.

No you dont have to attend.....but always better for you if you do...Moriarty wont attend..they litigate on the cheap...so if you do attend and get a good Judge.....he will dismiss the claim.

https://www.consumeractiongroup.co.uk/forum/showthread.php?482413-JC-Moriarty-claimform-Talk-Talk-Broadband-debt***Claim-Dismissed***(1-Viewing)-nbsp

But if you still prefer not to attend...not sure why you wouldn't its really interesting..then you give notice with your witness statement that you will be absent.

Andy

so i sent a copy to the court and moriarty law over 2 weeks ago still havent heard anything regarding this.

Is that normal?

good letitrun

is that a good thing?

what would the reasons be for not hearing anything?

can take weeks if the court is busy

i have received the below by email below.

What should i be aiming to get from this mediation?

_____________________________________

The above parties have all filed a Directions Questionnaire (N180) and have all requested mediation.

Provisional Appointment Time & Date

The small claims mediation team can offer a one-hour telephone mediation appointment between xxxx and xxxx on xx/xx/2018. Please note that this is not a confirmed appointment.

Mediation can only be arranged if we are able to contact all parties to verbally complete the mediation criteria, email acceptance from you does not mean the appointment will be booked.

We will try to call you within the next 8 days, calls will come from a private/withheld number. If you would like to increase your chance of securing an appointment please call us as soon as possible on 0300 123 4593.

If we are able to secure a mediation appointment, we will send you confirmation.

If you do not receive an email, or letter, confirming the appointment and a specific 30-minute time slot, the appointment will not be taking place.

Owing to a high level of referrals at the present time, mediation appointments are limited. If we are unable to contact you before the appointments for this date are booked; your case will be transferred to a court to be listed for allocation.

If you want a 3rd party to mediate on your behalf please complete and return the form at attached to authorise their involvement, please also ensure that you forward the information about mediation to them. Alternatively you can call 0300 123 4593 to give verbal authorisation.

(If you want to be contacted on a different number to the one you stated on your Directions Questionnaire, please contact the Mediation Team to provide the relevant number)

Mediation appointments are limited and can only be re-arranged under exceptional circumstances.

Mediation Requirements

Please read the following statements:

Yes No

For mediation to be successful there needs to be some flexibility from all parties and a willingness to listen and consider each other’s positions.

Can you agree to this?

I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment.

For legal representatives/solicitors only: Have you got full instructions and authority from your client to continue and are able to fully take part in mediation?

I can confirm that I am available for the entire time slot on the date stated above. (Mediation appointments are limited and can only be re-arranged under exceptional circumstances).

Mediation is only available to you if you can answer YES to all 3 statements above. If you answer NO to any of the statements, mediation is not suitable for your case and you should contact the Mediation Team to inform them (email is preferable).

How is Mediation Carried Out?

You will be contacted by a Court mediator who is trained to help people settle their disputes. The mediator acts as a ‘go between’ to help both parties try to find a resolution. They do not make decisions, offer legal advice or adjudicate the dispute. The mediator’s therefore do not need to see any supporting evidence prior to mediation.

Mediation is done via telephone but it is not a conference call. The mediator will speak to one party, discuss the case and how they are willing to resolve the matter, then hang up, call the other party and do the same. The mediator will continue to go back & forth between the parties for the hour long session.

If you and the other party come to an agreement, the mediator will draw up a Settlement Agreement confirming what is agreed. The mediator will read the Settlement Agreement to you and it becomes legally binding from the moment you verbally agree to it. Copies of the Settlement Agreement will then be sent to all parties and the Court, this concludes the case. Should the other party breach the terms of the agreement, you can apply to the court to enforce the order.

If no agreement is made after 1 hour, the mediator will end the session and the case will proceed to a hearing to be resolved by a District Judge. Anything mentioned at mediation is confidential and cannot be referred to at a court hearing.

Important Preparation

Please find below some guidance notes that will help you prepare for your mediation appointment. It is important that you read this fully prior to your appointment.

1. You must participate in mediation in good faith, with the intent to reach an agreement. If you attend with no intention of negotiating or compromising, the mediator will terminate the session. You must be prepared and willing to put your points forward, and to listen to the points raised by the other party.

Top Tip: Spend a few moments making a list of the strengths & weaknesses of your case and think about how & where you are able to compromise.

2. The mediator may call from a blocked or unknown telephone number.

Top Tip: Make sure the number you provided for the mediation session can accept calls from unknown or blocked numbers.

3. If you want a 3rd party to mediate on your behalf, you must contact the Mediation Team by phone or email to authorise their involvement.

Top Tip: The 3rd party must be fully aware of the facts of the case & have a good understanding of how far you are willing to compromise. You will be legally bound to any agreements the 3rd party makes.

4. Your mediation appointment is limited to 1 hour once it has commenced. You must be free and by the phone for the total time allocated for the appointment so that the mediator can contact you.

Top Tip: Make sure you are in a suitable location for the appointment that is free from distractions. The mediator will cancel the appointment immediately if you are driving even if you are using a hands-free device.

5. Everything mentioned at mediation is confidential. The mediator will only pass information to the other party with your authorisation. You cannot record the mediation session. If mediation fails & a hearing is required, you cannot refer to anything discussed at mediation during the hearing.

6. You must be available at the start time of your appointment. If you do not answer the phone or respond to any messages left by the mediator within 10 minutes, the mediator will cancel the appointment.

Top Tip: Have you provided the most suitable telephone number for your appointment? If you are mediating on behalf of a company, have you provided a direct line?

7. The mediator speaks to both parties separately. You may not be the first person contacted so please be aware that there may be a delay before the mediator calls you. If you have not received a call within 15 minutes of your appointment start time, please call the Mediation Team.

Read the last few posts.....

https://www.consumeractiongroup.co.uk/forum/showthread.php?487452-Lowell-Claim-form-RBS-Credit-Card/page4

It would have saved you typing all the above out if you had already read the process after defence:wink:

Andy

sorry i dont quite understand that as its not specific to my case. i just copied and pasted it from the email.

Am i using this mediation to say i dont want to pay anything or am i trying to come to a settlement figure with them. The docs they sent show that i borrowed a lot less than what they are claiming i owe.

Mediation is an option to come to a F&FS if so wished and accepted...assuming you dont dispute the debt and that all their documents are in order and legally valid.

Its not about what documents they have and have not disclosed...disclosure of documents comes later in the process..just before trial.

So this type of claim is not really compatible or suitable for mediation...but its a European Directive which we must go along with.

I almost certainly do owe something but not the amount they are trying to get off of me.

Is there any chance you could check the docs that i have previously uploaded to see if they are valid.

So what you are saying there is little chance that this case will be able to be resolved then it will go to court and it is up to a judge to decide if i say owe the money?