Is there anything to mediate over ?

Is there anything to mediate over ?

Probably not.. We just want our money back.

Well you can still opt for mediation to show that you are willing to discuss and allow the defendant to settle without further costs and court time...shows you are being amicable...you dont have to accept a penny less but it would allow for them to settle without section 69 interest being awarded should it proceed to trial.

Thanks Andy. Other than the interest claim I assume I have nothing else to lose by opting for mediation? I'm just worried I'm going to go through all this aggravation and then potrntially lose and end up paying more in costs.

Well mediation facilitates this doubt...but if your claim is strong and correct...you really should have nothing to fear.

Just chipping in here:

you should put up your claim in PDF format and also the defence in PDF format. It is essential that the people who are helping you here are fully informed and have the exact document in front of them.

 

Secondly, any published policies will be considered to be part of the contract in addition to terms and conditions. They are a series of related documents which inform the agreement which you have with the nursery. Make sure that you get screenshots of them all and you will eventually include them in your court bundle.

 

Thirdly, I would suggest that you send an FOIA request to OFSTED – you never know what other issues have been raised relating to this nursery and which could be helpful to you.

@BankFodder - with regards to the FOIA request - can I just ask for a log of all complaints made to the provider or should my request be more generic?

Hi all,

Jus to give you an update.

We have received notification from the court to attend a preliminary hearing which will last around 20 mins. Can someone confirm what to expect as part of this?

FOI request was denied unfortunately and Ofsted would not confirm any information relating to complaints against the nursery.

It will be a Case Management Conference to determine directions and how/if the claim will proceed...nothing to worry about but be armed with your particulars and evidence in case he judge queries anything..then you have your details to hand.

https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/case-management

https://www.inbrief.co.uk/preparing-for-trial/attending-a-case-management-conference/

Andy