Jump to content


County Court claim - jaznh


jaznh
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5020 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Looks like a standard templated response letter.

 

I'd agree with DonkeyB here in that you must inform the Court of the shortcomings of using the mediation service.

Politely point out the failure of the Claimants to attend, their failure to respond to the Mediators requests.

You may wish to include a paragraph about how you took the time and expense to attend and been let down by the Claimants behaviour towards the mediation procedure.

 

Link to post
Share on other sites

  • Replies 113
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Well, well...

 

Confirm in your letter to the mediation service the fact that she told you this, despite your still being open to mediation; make the point that if she believed it to be a pointless discussion, ensure there is absolutely no doubt that this is due to Cohen's failings, and no failing on your part.

 

You may want to post the letter here first for comment. Simply state the chronology of the events and what has been said.

 

And yes, send it recorded and copy to the court, asking it to be lodged with your defence file.

 

Snoops, what's your take on this? Am I being paranoid on jaznh's behalf?

Link to post
Share on other sites

As an aside, I really don't understand Cohen's behaviour here. If they came up with the required documents, and considering judge lottery, they might actually get themselves into a decent position.

 

Just shows the kind of people you're dealing with.

Link to post
Share on other sites

Inform the Judge as to what has gone on with a copy to Cohens and to the Mediator.

 

Cohens will then have no comeback as to the awareness of the mediation process.

 

Send all by Recorded Delivery........... we don't want anyone saying they never got their copy now do we ? ;)

Edited by supasnooper

 

Link to post
Share on other sites

So here's the letter:

 

Dear Judge A_ _ _ ,

 

I write to you now because I thought it would be the only way to inform the Court of my regret that the mediation has come to an end. I would say this happened only because the Claimant’s solicitor, H. Cohen, had no intention of resolving the problem.

In a letter from the Small Claims Mediator, it said: “I am sorry that the case was not resolved through mediation;…and that the time spent has given both of you a greater understanding of the other’s point of view”.

We too are sorry that ‘the case was not resolved’; and wished to continue the mediation, but they have repeatedly failed to provide documents which we felt are crucial. If a Claimant refers to documents in any Particulars of Claim, surely they have a duty to provide copies of these when requested; and as well as that, in responding to their Claim, how can we mount any kind of defence to the Court without them?

During the mediation, the Claimant stated that we haven’t submitted a defence. This is precisely because they have never produced the documents we have repeatedly requested from them, without success.

This is why we would have to say that if the mediation has actually come to an end, it would only be so because the Claimant has never intended to comply with due legal process. We await further directions from the Court; and we would then continue to request these same documents. Could this not mean that the Claimant’s inaction could lead to a waste of the Court’s time. We certainly have no intention of doing this, so we would be very happy to continue mediation, where the Claimant provides the documents we must have.

The fact that I have spent so much time and expense trying to respond to this Claim clearly demonstrates that we have sought a resolution with the Claimant. If the Claimant's solicitor, Howard Cohen, had no intention of providing statutory documents required in Civil Court cases, why enter into the mediation? Surely all this demonstrates is…?

What do you think of this letter?

Regarding this last sentence, in blue type, I’m not sure what I’m trying to say about HC’s failure to produce documents - what fact does this‘demonstrate’ ? Is this a handle that the Judge can get hold of him with?

Edited by jaznh
Different letter...
Link to post
Share on other sites

  • 2 weeks later...
  • 3 months later...

OK - I know I haven't been able to post for a while, but I'm extremely anxious now because there's a Court case in a couple of weeks. We've received a witness statement which presumably is what CLF think will win them the case. As I write this, I'm trying to scan that doc as a bitmap - is that correct?

 

There are definite inconsistencies in their argument, as we most definitely did not receive these throughout all their litigation, most notably the default notice referred to as 'exhibit SSJ4' in the witness statement.

 

Would my job now be to respond to EACH claim in the witness statement; knocking them down on every inconsistency?

As so many times before, advice greatly appreciated.

Regards, JnH

 

Here are the witness statement pdf's:

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=19516&stc=1&d=1277807313

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=19517&stc=1&d=1277807330

Cohens witness statemnt.pdf

Cohens Witness statement - 2.pdf

Edited by jaznh
documents no good
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...