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annie42 last won the day on July 31 2014

annie42 had the most liked content!


51 Excellent
  1. Success! Following informal talks and prior to mediation the defendant has agreed to settle the claim in full including interest and the court fee. Many thanks for all the helpful advice provided.
  2. Thank you. Can I include those additional expenses in the sum we mediate over even though they are not included in the figure on the claim form? Or it is mediation strictly limited to the amount noted on the claim?
  3. No. I didn't know there was such a thing. Can you give me a bit more info please? Have googled it but can't find much.
  4. I've previously posted about this case in which I'm the claimant for breach of contract but it's moved on through the process and the original title is no longer appropriate hence new post.Have declined two WP offers. Formal mediation is next. Please may I have some help with the following questions: 1) Since lodging the claim I have incurred additional costs ie storage costs for the defendants goods and advice from a solicitor. Can I include those costs in the sum we mediate over or must it only be the amount on the claim form? 2) Monetary concerns aside can I ask for a written apology as well? 3) If mediation fails and they settle out of court do they just pay the actual sum noted on the front of the claim form or the sum plus interest which I also asked for on the claim form at a daily percentage rate. 4) In the unlikely event it gets to court is it possible to ask the court to include the additional costs I've mentioned in question 1?
  5. The defendant wrote to me to agree directions which included a stay for mediation. I agreed to their proposals and sent the N18 1to the court on 13th May. The court sent the defendant and myself notice (dated 28th May) of the CMC on 8th July to consider the request for a stay. I don't understand why the court is bothering with the CMC unless there is another reason. I had cause to ring the court to which the case had just been referred to last month. The court official said then that a CMC would probably be held and that was before they had received the N181
  6. Thanks Ganymede. I'm confused as to why the court has called for a CMC to consider the request for a stay for mediation when it knows that I and the defendant have already agreed to it. Why would they do this?
  7. The Consent Order says 1) The Case Management Conference fixed for 8 July to be vacated. 2) The proceedings be stayed until 29 August for the purposes of the claim being mediated 3) In the event that the claim is not settled by 29 August then either party may apply to the Court for directions through to the final Hearing in this matter. If I refuse to agree the Judge will have to read the evidence before the CMC and, if I have understood what I've read on the internet correctly, he has the power to halt proceedings there and then if he feels the defendant has no reasonable chance of success. That would be the best outcome for me. I will see it through to the end if I have to but it is quite stressful for an unrepresented one man band like me up against the might of a multi national company with legal representation. I have heard they have a policy of defending everything whether they are right or not. The amount is a drop in the ocean to them but is a substantial amount to me. I need all the help I can get. Thanks.
  8. This morning I have received a letter from the defendant. They are suggesting that because a telephone conference for mediation has already been arranged for 8th July there is no need for a Case Management Conference and have enclosed an Consent Order for me to sign and send to the Court. I'm inclined not to agree but would value any opinions please.
  9. Hi - the court has accepted the N24 and has written giving notice of a Case Management Conference to consider the request for a stay for mediation. I have been reading up on Part 24 - Summary Judgement. If I understand correctly the Judge has the power to strike out the case if he believes the defendant has no reasonable prospect of success.?The defense is that no contract existed between us. I have lots of email evidence to the contrary but one in particular that I was copied into when the Sales Manager wrote to the Quantity Surveyor stating "xxxxx xxxxx will be doing the interiors". I know I'm biased but I fail to see how they have a defense in view of that one email alone. Could someone tell me if I can apply a summary judgment or apply for their statement of case to be struck out?
  10. Hi - unfortunately my solicitor is on holiday! I don't send the N265 yet though do I? Am just filling in the Directions Questionnaire at the moment. I assume the witness statements are also supplied at a later date ? In section F of the directions questionnaire I have summarised "witness to which facts" as: 1) Entitlement to rely on oral instruction 2) Issue of oral instruction 3) Work performed by claimant 4) Liaison between both parties following oral instruction I think I should reply to the defendants letter saying I agree to the contents of their letter subject to acceptance of the N244 application. Re the N244 I provided the court with a copy of the amended evidence for the defendant. Just out of interest re their defense they say there was no contract and I had only "prepared various details for submission as part of a quotation". This is a blatant lie as the two sales managers to whom I gave the presentation both declared simultaneously "You've got the job!" Does an oath have to be taken in this type of court case?
  11. Many thanks for your help steampowered, I'm very grateful. I will google info on disclosure and witness statements before I do anything else.
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