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  1. Mediation is a must if you want to stay on the right side of the judge and avoid the opposing party using a refusal to mediation against you during the case. Specific attention is being paid by courts to timescales in orders; and the use of Alternative Dispute Resolution (ADR) such as mediation. Practice Direction- Pre-Action Conduct section 1.2(2) and section 8 asks participants to consider ADR methods before going down a more formal route, and the Civil Procedure Rules (CPR) part 1.4(e) asks parties to explore the suitability to mediate. If a mediation offer is not considered or explore
  2. Hi everyone I use a courier company, i will call "TPC", who in turn use DPD. I have to say on the whole the past few years has been event free but a few months ago we sent a 3D printer to someone to use and it was smashed up really badly. The recipient took photos and has emailed us stating the damage was beyond dropping in his view and we have loads of photos of the box damaged etc. I reported the issue immediately and TPC were originally very sympathetic etc. I have to say I was shocked at the damage, you would have had to try really hard to do what they did. As the client
  3. Hi, I've had my grievance with my very large employer upheld in full (shocked!) The grievance related to a number of issues which they bullet pointed as Refusal to implement Reasonable adjustments in relation to my disability , attendance and welfare procedures not followed at all Treated unfairly and differently to other employees by my senior manger. Incorrect information given to me which caused me to fear for my job. And confidentiality issues by my team manager. I'm delighted that the investigation was done properly and they took my evidence seriously. The c
  4. Hi, I have a mediation planned with regard to a small claim issued against me by Howard Cohen solicitors on behalf of hoist portfolio that I have a few questions about that I would like help on please. A bit of back ground information.. The debt for £2900 was originally passed to MDKP LLP in November 2014, the account was then assigned by MKDP LLP to their client Hoist Portfolio in December 2015. I had a payment plan set in place of £50 per month and made payments reducing the total outstanding to £2000, in around June of this month i fell in to difficulty and missed a c
  5. I've been reading through the forums for a while but just am getting a bit nervy now! Im at the stage where after submitting the defence, ive got the Defence questionnaire re the small claims track. Hoist still haven't responded to my requests for info, and ive not had anything back from Cohens either and the requests were sent at the end of April. Before it got to this stage, Id spoken to the litigation department twice requesting correspondence - in the second call, the Hoist person said that they wouldn't be sending me any requested info... Am i correct in thinking that
  6. HI All, Currently being in the process of being involved in Small Claims Track pursued by B W Legal on behalf of Vehicle Control services for a Parking charge notice. We have a strong case as there was a permit on the windscreen (phographic evidence) although car registration was not on permit. We agreed to Mediation, however it was a cancelled and we've been notified that case will be transferred to county court. Has anyone any experience of this happening or any advice gratefully accepted.
  7. Any help would be appreciated. I am trying to establish whether my solicitor has acted negligent by not following the pre-action protocol in respect of a Disrepair claim which has now been settled, after 6 years of my local council denying liability under the OLA 1957. I had an accident during the period where liability was being disputed but my solicitor is claiming that he did not have the funds to pursue a PI claim but never advised me on this, and on checking the pre action protocol under Disrepair claim there is reference that would suggest that in any event, a claim for PI aris
  8. Hi all, I haven't been on here for a long time, as I thought my debt problems had gone away. . Until today that is, I have been sent a county court claim form from Northampton. County court the claimant is lowells, they are claiming for an old capital one credit card debt, this was an original debt of about £150 lowells are claiming for £389.90. This debt was way back in May 2006, so I'm guessing that they shouldn't be able to get a county court judgement against me? The forms look real enough but I was going to phone the court on Monday to see if it is actua
  9. Good day all Just one question I have emigrated to SE Asia. I wish to get all my charges back from the bank but I will need to SAR them. I know it is 40 days from the date of posting but the post takes about 21 days to arrive from this country. Do the 40 days rule still come into it and when I request the SAR should I ask them to include the Proof Of Posting slip with the SAR to ensure they don't get more days than they should. Might seem a little petty but the bank have been very petty with me over the years and I estimate around £3,000 of charges from Bank accounts, Loan
  10. Hi Been lurking around whilst using a Galaxy Tab and the RSS feeds but not really able to do much else. I am unable to insert an attachment so have copied and pasted the Santander letter I sent a letter to Santander and received the response below. Could someone please take a look and advise if I could win in court. The total is £4,500 plus for the following as I have every intention of taking this to court as long as I have a 51% chance of winning Dear Mr X Thank you for your recent letter about the fees previously applied to your account. I have reviewed my colleagu
  11. I've actually put the whole question in the title. I am repaying a debt which went to court mediation and I signed a Tomlin agreement. Over a year later the DCA sold it to another DCA. For about a year the new DCA accepted my payments but are now writing/ attempting to phone/ wanting me to phone them, and saying there is not an agreement in place. I have written a letter of complaint, and am waiting their reply. But what is the LEGAL situation of my Tomlin agreement and the new DCA? Thank you
  12. The Ministry of Justice have produced a document which will help you decide if this is right for you. https://www.judiciary.gov.uk/wp-content/uploads/JCO/Documents/Guidance/civil_court_mediation_service_manual_v3_mar09.pdf Mediation is a service which is offered by the Courts Service as an alternative to going to court. There is a lot of encouragement at the moment for people to go to mediation. This is because of the crisis of resources in the court service caused by the banks in 2009. Although in an ideal world mediation would be the obvious and sensible choice, it is not
  13. Hi. I'm being taken to court over an alleged debt that I thought was unenforcable. I'm not sure how to respond to the court questionnaire. Brief Background In September 2012 I made a CCA request to Lloyds and their DCA at the time (Robinson Way) over an alleged debt from 2003. My request was ignored. "You owe us money" letters continued to arrive. In November 2012, I re-requested the CCA from them both, adding that I required a "legally enforcable original signed consumer credit agreement" before I would correspond with them any further. I heard nothing for 18
  14. So friend has a mediation agreement in place with a creditor which was reached via court service mediation so claim did not progress to hearing or judgment. They are having trouble with the payments due to recent ill health however creditor won't agree to reducing these. I know if it was a CCJ it could be varied by application but must admit I have no idea if this can be done under the current arrangement... Any advice most welcome
  15. In brief - We went to a local independent flooring company, wishing to purchase a wood floor. The owner talked us through the various products, came to our house to look at the area it was for, measured up, checked the subfloor etc. He then recommended a product for us, ordered it and arranged for "his team" to come out and fit. He arranged the day and time they were to come out and told us that we should pay them cash on the day. In the meantime, he took moisture readings, spoke to the manufacturer and also the manufacturer of the underfloor heating we'd had put down, to check what u
  16. Hi, First post here, but lurking for a few weeks! Brief outline: I have issued a claim for compensation against a car dealer. The notice has been served. After about ten days, they filed an acknowledgement of service (I know this doesn't mean anything specific will happen), but they have also notified the court of a change of address. Is it likely that they have changed the 'contact' address so that if it came down to it, they would not have the bailiff in their showroom, and / or, the address is that of say their accountants, so that a bailiff cannot either remove any property as
  17. Have a quick question I hope someone can help with. Lowell started court proceedings for an outstanding £200 debt to O2. I have no knowledge of this and I've never had a phone with O2 I defended it with the usual 'prove it'. The court has now said this is suitable for mediation. If I genuinely believe this is not my debt, am I right in thinking that I should decline mediation or would this look bad in the eyes of a judge. I just can't see what there is to mediate about if the debt isn't mine or do I agree to mediation and just stat
  18. Mediation is a must if you want to stay on the right side of the judge and avoid the opposing party using a refusal to mediation against you during the case. Specific attention is being paid by courts to timescales in orders; and the use of Alternative Dispute Resolution (ADR) such as mediation. Practice Direction- Pre-Action Conduct section 1.2(2) and section 8 asks participants to consider ADR methods before going down a more formal route, and the Civil Procedure Rules (CPR) part 1.4(e) asks parties to explore the suitability to mediate. If a mediation offer is not considered or explore
  19. Hi all, Could do with some further advice as i trawl through my debt issues. 1st cedit purchased a debt of mine from the AA the outstanding balance if which was £2853.10. I have made them a full and final settlement offer of £500 which they have refused and they have subsequently started proceedings against me. They have applied to transfer the case to the small claims court and have agreed to use their mediation service which i have also agreed to so i am waiting for the details of the date for this mediation to take place. They have offered me a settlement
  20. Hi there, I have read a lot of forums about Devere Parking Services and I now need your help. I have been issued with a £175 fine for parking on my own car parking space outside my flat for not displaying my parking permit. It was displayed, or at least I thought it was but it was a hot day and the sticky stuff must of melted off. they fined me £20 first and I appealed against it, then they sent me another court order for £175. My management company have done absolutely nothing to help and said Devere only pay them £75 a year to manage the
  21. Hi Is it legal for an employer to force you to go to mediation? And is it legal for them to threaten you with discipline or termination of your job if you don't? Thanks.
  22. Received a claim from the CCBC for the aforementioned above. Acknowleged and entered one of andyorch,s defence's from on here. " Many thanks Andy". So ok so far. received N180 D/Q Filled in and sent copy's to CCBC and claimant. Received date for mediation 21st September. In the email conformation for the mediation hearing they ask me to put forward the strengths and weaknesses of my case. I am at a loss as how to respond to this. Any assistance would be greatfull espescialy andyorch if your available Thanks so much. Name of the Claimant L
  23. Hello Just some advice please. A friend has a debt with Lloyds who have passed the collection to Bryan Carter solicitors. she has received papers from her local county court to take part in a mediation (?) telephone call in connection with the debt. Is this a new procedure through the county court? What happens if she chooses not to take part? Is this just a form of intimidation. The debt is approx 4K - she has asked for copy agreement etc from Bryan Carter and Lloyds - but no response. Your views would be most appreciated. Thanks
  24. Hello All, Over the last few years i have received many letters from different credit agencies chasing me for an old debt owed to Lloyds credit card. All dealt with by filing in the bin. I have never contacted any of them or admitted the debt. Wrong, I know but that was how I decided to do it after reading some of the advice here. Thank you for all your reassurance. However, Lowells have now sent a county court claim form. I have read some of the posts here and again am grateful for the advice but would like to know how to deal with the specifics of this case. I believe the debt
  25. Hi - I submitted a money claim and included copies of two letters from the defendant marked without prejudice. I also included a copy of my reply in which I referred to the offer they had made and mentioned the offer in my particulars of claim. Can anyone tell me if I can request to remove the letters and amend the claim. If so which form should I complete? They are defending the claim and have asked for them to be removed.
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