They may offer to settle if mediation is an option...shows no weakness on your part as the claimant and the courts expect all parties to participate and can have an adverse effect on your costs if you are not willing to be amicable ?

With regards to your response to their defence you can submit a response with your DQ.....but I would suggest against this as you only give them further information on which your claim relies upon and information they will then be armed with if the claim proceeds and both parties submit their particularised statements.

Dont show all your hand at this stage and save the detail for further into the process.

Andy

Hi @Andyorch,

Thank you for the quick reply.

So to clarify few things:

1) I say yes to Mediation Service - In the covering letter with DQ form somewhere in 2nd line it says they think this is a good case for Small claim court. (Will it go against me if I select NO?)

2) Will send an update Authorisation letter with the DQ form to both court and defendant.

3) Don't send my argument with this and take it to court straight (or do I need to send this once my case is allocated to my local court?)

Regards

Vicky R

Hi @Andyorch,

 

 

Thank you for the quick reply.

So to clarify few things:

1) I say yes to Mediation Service - In the covering letter with DQ form somewhere in 2nd line it says they think this is a good case for Small claim court. (Will it go against me if I select NO?) It is small claims anyway if below 10K

2) Will send an update Authorisation letter with the DQ form to both court and defendant.

3) Don't send my argument with this and take it to court straight (or do I need to send this once my case is allocated to my local court?) You submit a witness statement further in the process if they wish to proceed which particularises your defence .

 

 

Regards

 

 

Vicky R

Andy

Thanks again @Andyorch,

Then it is YES for Mediation Service but I was thinking this will be always NO as advised in @icemen's case.

Regards

Vicky R

Well if you state no...as advised you remove the opportunity of settlement out of court and further costs to yourself...which can be reduced if you have shown not to be amicable.

I cant recall why Iceman was advised otherwise...dont think it was my advice.?

Andy

Hi @Andyorch,

Thanks for the advise, will take your advise and definitely say YES for Mediation.

It was @Bankfodder who advised @icemen to reject mediation. I can understand all cases are different and that may be the reason.

Regards

Vicky R

Hi Cags....

Sorry for the delay in updating this thread... Had really busy few months due to the newly added member in the family (my Daughter) and workload.

Now the time to submit my documents in court by 16/05/19 and hearing date is 13/06/19.

Can anyone please advise what should be the title of my documents replying for Currys defence and how I should I end. I will upload once I have completed my documents for you all to read and advise any amendments.

Kind regards

Vicky R

Search Witness Statement (Top Right near your Log in)

Get a feel of how it should be laid out format and style.

Andy

Good evening fellow caggers,

Finally, I have prepared a dummy copy of the witness statement. I know it is a bit long and lots of grammar mistakes. 

Can someone please read and advise what need to be corrected or if this is not good at all.

The judge allocated 2 hours for hearing.

Kind regards

V RReply to defence from Currys CAG copy.doc