Mediation Request - CL Finance

[brownie83]

Hi,

 

I have received a mediation request after the court has fast tracked CL finance's claim to the small claims track. The court has stayed the claim pending the outcome of the mediation.

 

CL or cohens still haven't acknowledged my CPR requests or the CCA copies particulars of cliam, nothing...

 

Anyone any success in this area or some pointers to bring to the mediation session?

 

Cheers.

[Rhia]

Subbing with interest as this is an area I know a very tiny bit about and hope someone can help you here and add to my meagre knowledge. have read a number of courts are going down this route - to free up court time.

 

The Mediator should arrange a time to speak to you by phone if possible and also the other side. They will try and get you to agree a settlement. If either side is unable to I think you still have an option of a full hearing but the Judge will expect both sides to have explored every avenue.

[brownie83]

Hi All,

 

It's been over a month now and still no word from the Claimant... any ideas where this could be going... how long do I have to wait to ask for this to be thrown out...anyone know?

 

Thanks.

[hammyhound]

Brownie,

 

I assume as in my case HC want to side track and get you to cough up.

 

Can you give more details about the claim, have you received all the correct, legible and enforceable documents!!!

 

If not, this is where the mediator will help. They are very nice, I had a run in with this company and HC. I told the mediator that I was prepared to mediate but could not as no documents produced.

 

She relayed the message back to HC who said no problem we will send them out - nothing received. Spoke again to the mediator who said she would chase them up but if they have not produced anything within a week she would send the matter back to court and explain there is no scope for mediation which is what happened.

 

They are really nice and friendly.

 

Come back with any more questions.

 

HH

[brownie83]

Brownie,

 

I assume as in my case HC want to side track and get you to cough up.

 

Can you give more details about the claim, have you received all the correct, legible and enforceable documents!!!

 

If not, this is where the mediator will help. They are very nice, I had a run in with this company and HC. I told the mediator that I was prepared to mediate but could not as no documents produced.

 

She relayed the message back to HC who said no problem we will send them out - nothing received. Spoke again to the mediator who said she would chase them up but if they have not produced anything within a week she would send the matter back to court and explain there is no scope for mediation which is what happened.

 

They are really nice and friendly.

 

Come back with any more questions.

 

HH

 

Cool. Still haven't heard anything from the mediator or CL Finance. They never responded to my CPR or proofs of claim letters..., my AOS highlighted this fact as well, I am agreeing to pay but only on the condition that they can prove the debt...

 

I'm unsure whether I should chase the mediator or just it ride for a while... If the mediator says theres no go and refers back to court what then, surely the point of the court is adjudicate on controversy, if I admit liability but only on the proofs then surely the court has no further jurisdiction and it has to be thrown out... is this right?

[hammyhound]

Ring the mediator to chase what is happening. They will ring CL Finance to ask for an update.

 

If it goes back to court I doubt whether HC would like this as they always seem to fall down either by discontinuing or in my case failing to pay the hearing fee and having the case struck out.

 

Whatever you do don't back down, wait for the documents (if they have them that is) and post the docs up here when you get them for people to check. I doubt whether you will receive them though.

 

Obviously at court if the Judge says this was suitable for mediation you can say you kept your side of the bargain by communicating with the mediator.

 

HH

[Loser4u]

All that will get discussed at mediation is the amount of payment.

Mine with HC was waste of time and via the mediator mine went along the lines of

 

Mediator: HC want full payment of balance and want to know what your offer of payment is. They don't know of any lawful reason why you aren't making payments at the agreed amount.

 

Me: When will they supply the requested documents as per my CPR request. As I believe there is no case to answer as, the agreement isn't enforcable, there are rrrrors on the NOA and an invalid default notice.

 

Mediator: HC say they have sent requested documents. (They had but only that morning and then didn't send everything)

 

Mediator to me: What are you going to offer in way of payment today.

 

Me: Nothing they haven't sent the requested documents so they haven't proved the debt is enforcable yet.

 

Mediator: Why did you ask for mediation when you have no intention of making any offer of payment.

 

Me: Since I made a CPR request over 3 months ago I would have expected HC to have complied by now. They should have had the documents available before they issued court procedings and ensured there was a case to answer.

 

Be aware that any offer of payment you make is legally binding and failure to make payments will result in court action for enforcement similar to that of non payment of a CCJ.

[brownie83]

OK, I'll give the mediator a call to see what's going on and then feedback.. cheers.

[brownie83]

Ok an update and it's a big one...

 

Before District Judge Billy Big Bollox sitting at blah blah...

 

IT IS ORDERED THAT

 

1. The parties simultaneously do file at Court and serve on the other party their own statements, any witness statements, and a copy of any documents they wish to rely upon by 400pm on 26 March 2010.

2. The original documents must be brought to the hearing.

3. The case will be heard on the 26 April 2010 at 2pm, with a time estimate of 1 hour 30 minutes.

4. The parties are encouraged to contact each other with a view to trying to settle the case or narrow the issues. However, the Court must be informed immediately if the case is settled by agreement before the hearing date.

5. No party may rely at the hearing on any report from an expert unless express permission has been granted by the Court beforehand. Anyone wishing to rely on an expert must write to the Court immediately upon receipt of this order and seek permission, giving an explanation why the assistance of an expert is necessary.

 

NOTE: Failure to comply with the directions may result in the case being adjourned and in the party at fault having to pay costs. The parties are encouraged always to try to settle the case by negotiating with each other. The Court must be informed immediately if the case is settled before the hearing.

 

 

So what do I do now? Is there any point sending the requests for the orginals again... I've no idead what to do now... according the fmotl forum, there is a bit about them having to show proofs of claim and that as they are a debt collection agent who now own the debt, that my original debt with GE is now discharged, which makes their claim against me fraudulent... this is my first time down this road and I must admit I'm now getting a bit freaked out... all help very very welcome.

 

Thanks.

[hammyhound]

Brownie, does it mention anything about a hearing fee.

 

The reason I ask is that ours was struck out because HC didnt pay the hearing fee.

 

HH

[hammyhound]

Sorry meant to ask what happened with the mediator.

 

In the meantime you will have to prepare a witness statement just in case it gets that far, obviously mention what happened at the mediation and that you cannot plead in this case as you have received no documents. Attach as exhibits to the witness statement any correspondence and documents which you feel would strengthen your case and weaken theirs although by the looks of it their case is weak anyway. Have you received DN NoA etc if not mention this.

 

HH

[brownie83]

Sorry meant to ask what happened with the mediator.

 

In the meantime you will have to prepare a witness statement just in case it gets that far, obviously mention what happened at the mediation and that you cannot plead in this case as you have received no documents. Attach as exhibits to the witness statement any correspondence and documents which you feel would strengthen your case and weaken theirs although by the looks of it their case is weak anyway. Have you received DN NoA etc if not mention this.

 

HH

 

Hi Thanks for the update...

 

Cl have sent nothing back, nor have the solicitors despite requests for proof of claim, cpr31 etc etc. The mediator never got back to me, I said that I would mediate and the other side never got on touch I suppose, which is why it is now going to court...

 

What's DN NoA?

 

Regards,

Chalkiex

[hammyhound]

DN - Default Notice

 

NoA - Notice of Assessment