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  1. Just came into my head so personally have not thought of too many. To get a little fitter perhaps, and to get back to the gym as soon as possible to prepare for the summer months, payable daily weekly or monthly of course.Cash. No gym membership, everlasting payouts for me.I go when I feel like it. Now what are yours?
  2. I need to forward some materials to support the process following my medical assessment for ESA but want to try and get these to the person/department who basically saved my life last year by vetoing the decision to have me found 'fit for work'. I believe this was someone senior at the 'dispute resolutions' team, who actually phoned me to tell me that he'd spoken about my case to a woman in another department, actually on my birthday last year weirdly enough. I was not happy to have m tribunal procedure halted but gave in in relief after much stress and aggravation regarding my benefits. I am highly anxious about what will happen in the next few weeks, already feeling worn out and miserable in a freezing cold bedsit and have had two slippages back to what had already been an uncharacteristic binge-drinking habit begun during last year's stresses. I am in north Kent if it makes a difference. I can just imagine my papers coimng to nothing if I use the wrong address. Thank you for any help.
  3. 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 explored, refused or ignored, this is now being seen as unreasonable failure to comply with a rule, practice direction or a relevant pre-action protocol. Recently ignoring a request to mediate (i.e. not responding one way or another) was seen as ‘an unreasonable refusal’ to mediate and incurred costs implications for the offending party (PGF ii SA – v – OMFS Company Limited [2013] EWCA CIV 1288 2nd October Court of Appeal.) Sanctions can be anything, at the judges behest. The mediators opening gambit is to ask you 'what is the nature of your grounds to dispute the claim'. It is important you remember the burden of liability and strict proof. This is the ideal opportunity to find out exactly what the claimant has against you i.e. refer to the particulars of claim and do not deviate from them. Answer the claimant’s position and claim; and do not expand at this stage. The claimant will have to support their case and answer your disputed issues. This may sound like I am asking you to be difficult, not at all. You are the defendant and only have to defend the claimants claim but you will do no harm to your case by finding out what they have against you. My point being, you don't want the claimant having the opportunity of obtaining all of your argument and then using the mediation to satisfy CPR but not taking it seriously; and then tailoring a WS to defeat your position whilst giving you no such information during mediation. So initially (first 15mins) use the time to gain some idea of the actual substantiation the claimant has against you. It will help you evaluate the need to settle and potential settlement you are willing to go to as the mediation progresses. The mediation itself will be brief and probably seem rushed, as you only have an hour. It is important you get your matters of dispute out early, to leave enough time to negotiate. Take notes of their argument in case you don't settle, this will help others on here to advise re your WS. The mediator will shuttle between the two parties passing information backwards and forwards. They may play devil’s advocate and challenge your position and you will feel under pressure, but don't. The mediator wants to settle and move on, they are paid a flat fee and work on volume, don't be pressured and do have yourself prepared for the mediation with everything you want to say and have ready your various negotiating positions. Settlement can be financial i.e. a lower value over an agreed term of instalments, and can also be in relation to the actual terms i.e. the claimant with notify the defendant of a default in writing and will allow 14 days to remedy this default- as opposed to a term which states the claimant upon default by the defendant can go straight to court to claim the original amount due to a default of this agreement. You really need to work out what you can afford and what you are prepared to pay, over what period and on what terms. That way you do not waste time with basic elements of negotiation. Start with a best case scenario offer and be prepared to narrow the gap between you. That may change the more you find out about their case. Approach this mediation with an open mind and with an appetite to settle, if that is what you want. You have a great opportunity to bring closure on your terms, without having a judgement imposed on you by a judge; and avoid the possibility of attending court, avoiding a possible CCJ, avoiding the stress and the other issues that this dispute or possible judgement against you brings.
  4. Hi there this is my first time posting here and any advice greatly received. In 2006 I took out a loan from picture financial which was almost certainly the worst mistake of my life! The original loan was for £72K and was taken at a time when almost certainly I should have looked at a debt management plan instead. The debt has now been taken over by Webb Resolutions but I have never had a statement about the loan for at least 4 years although the payment is still collected this month. This morning I called to enquire about a settlement figure and was informed that the amount would be £66K which is only £6K less than we originally borrowed despite paying almost £600/month for the last 7 years. The interest on the loan is now over 9% despite it being just over 5% when we took the loan. I may be in a position to have some funds (nowhere near their settlement figure) to try and pay off the loan but does anyone have any advice about approaching them about a full and final settlement and what to offer. Also would this normally have to be made by someone acting on your behalf. thanks for your help
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