Claim Issued by 1st Stop Financial PDL Company***Resolved/Settled by Mediation***

[lancer44k]

Morning aronik. I believe it's 33 days in total regardless of when you submit your acknowledgement of service within the fourteen days I.e if you submit it on the first day of receipt or the 14th day it's still the 33 days 14 + 14 + 5 (correct me if I'm wrong andyorch

 

Wht date is your defence due?

 

Did you manage to get your defence sorted aronik?

[lancer44k]

She informed me that they don't send anything by post and everything is done via email - and that they couldn't resend that information as I should have "already received it".

 

I've been looking through my emails and the first email I received as soon as I hit submit on the site was the TOCs. Funnily enough this is what's stated:

 

9.2 Any notice or demand we give will be assumed to have been properly given if served on you personally, or left or sent by prepaid envelope addressed to you at your current address or last known business or private address. If sent by first class post it will be assumed to have been received by you 48 hours after posting.

 

Really? Wow... and I thought they done everything by email including default notices!

 

Lancer

[AndyOrch]

Lets reserve that for further response Lancer...may be useful.

[lancer44k]

Hi Andy,

 

Received an AQ through the post this morning. Should I just fill this out and return as suggested or is there anything I need to be aware of?

 

Regards

 

Lancer

[AndyOrch]

Hi Lancer

 

I assume its the N149 that you have received given that this will be SCT.Take time and don't rush it look around the forum for others examples...they should serve a copy of theirs on you..if you can wait before your time limit is up this will give you an heads up on their intentions.

 

Regards

 

Andy

[lancer44k]

Hi Lancer

 

 

 

I assume its the N149 that you have received given that this will be SCT.Take time and don't rush it look around the forum for others examples...they should serve a copy of theirs on you..if you can wait before your time limit is up this will give you an heads up on their intentions.

 

 

 

Regards

 

 

 

Andy

 

 

 

 

Andy,

 

It's an N152 notice of defence.

 

Cheers

 

Lancer

[AndyOrch]

Then its not an AQ then N152 is a Notice a defence/counter claim has been filed.Conformation you have submitted your defence.

[lancer44k]

It still has a questionnaire I need to fill out and return by the 8th April. Is this normal? Questions basically ask if I want mediation, I am happy with the SC track and do I have a preference as to which court it is held at.

 

Cheers

 

Lancer

[AndyOrch]

Right so it is a N149 Small Claims Track

[lancer44k]

Sorry Andy, there's two sheets. The defence confirmation is a N152 and there is a N149 questionnaire attached.

 

How long should I be waiting for them to serve their form? Do they send it directly to me?

 

Thanks again. Much appreciated

 

Lancer

[AndyOrch]

They may not serve a copy on you (they should but not mandatory) If you have not received theirs by say - 4 days to submission of yours then you will have to complete it without sight....and dont serve a copy of yours on them just file yours with the court.

 

What date must it be submitted by?

[lancer44k]

8th April.

 

Cheers

 

Lancer

[lancer44k]

Should I putting in there anything relating to my defence, or is it straight forward?

[AndyOrch]

Not really....... try not to use the AQ as a further defence its purely for allocation purposes only.Two things to watch I advise you always select settlement..this is encouraged by the Court and in G you can state anything additional that may assist in the allocation.

 

Regards

 

Andy

[lancer44k]

Not really....... try not to use the AQ as a further defence its purely for allocation purposes only.Two things to watch I advise you always select settlement..this is encouraged by the Court and in G you can state anything additional that may assist in the allocation.

 

Regards

 

Andy

 

Morning Andy! Thanks. Which section of the form relates to a settlement? I was thinking of making them an offer at this point via a letter. Is this something that can be done.

 

Do I need to request any documents via the aq in relation to my specific case?

 

Cheers

Lancer

[AndyOrch]

Morning Andy! Thanks. Which section of the form relates to a settlement? The very first Question (A) I was thinking of making them an offer at this point via a letter. Is this something that can be done.Not with the AQ you simply tick A and the court will stay the matter for mediation....then you can then discuss offers

 

Do I need to request any documents via the aq in relation to my specific case? Did you not complete a CPR 31.14 as advised early in your thread?

Cheers

Lancer

 

Andy

[lancer44k]

Thanks Andy.

 

I have not requested any documents via CPR 31.14 as there was nothing specific mentioned in the POC as per your advice

 

]2) Should I have issued a CPR request for any information (non were mentioned in the POC)? Then there is nothing to request vis a CPR 31.14

 

Regards

 

Lancer

[AndyOrch]

A yes quite right ok in G write something similar to this :- Edit to suit

 

'The Particulars of Claim provided by the Claimant are inadequate in order to fully appreciate the case I have to meet, in particular the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, the manner by which the claim is calculated, and the Claimant's entitlement to interest.

 

1.Unless the Claimant file and served upon the Defendant fully particularised Particulars of Claim comprising but not limited to particulars of the agreement relied upon, the date on which it was made, the terms thereof and whether regulated and if so by what statutory provision, the means by which it was terminated, the manner by which the claim is calculated,and the Claimant's entitlement to interest, the claim shall stand struck out.

 

2 In the event of compliance with paragraph 1 of this order this case shall be allocated to the small claims track and there shall be a stay of proceedings until for 1 month to enable the parties to settle using the small claims mediation service.

 

Andy

[lancer44k]

I have a bit of time this evening and ill have along around the forums and do some further research to customise the above for section G.

 

Would be great if you could take a look when I post,and advise please Andy. Much appreciated.

 

Cheers

 

Lancer

[lancer44k]

Hi Andy,

 

Hope you are well. Just working on my section G for my AQ as we speak. I have a couple of questions which I hope you don't mind answering.

 

1) I know there is no mention to any documents in the POC, and as such no CPR request was issued. Should I be requesting documents using a Draft Order for Directions, or does the section G you wrote above cover this? Will they have to provide me copies of the documents that they will be relying on before taking this to mediation?

 

2) Should I make any reference to changing my defence if they provide a a revised POC, and will I have a chance to change this before the hearing if they decide against mediation?

 

Thanks

 

Lancer

[AndyOrch]

Good Morning Lancer

 

OK the N149 does not facilitate the option of draft directions...this being small claims track..so you can only suggest withing G that the disclosure of documents would assist the process of claim and hope the DJ agrees and issues said direction.

 

You can raise the matter of disclosue within mediation but they are not compelled to respond.

 

If they wish to amend their particulars they would require court permission and yours so if that happened you would be allowed to submit a particularsed defence...but by reply because of their action so no you dont need to refer to this as this time.

 

Regards

 

Andy

[lancer44k]

Thanks for the info Andy. I've now submitted by N149 and sent a copy to the Claimant.

 

Received nothing from them though No surprise there...

 

I want to try and bring this to an end sooner, rather than later. I am looking at making them an offer before mediation to see if they will accept. Should I use the standard template letter for a F&F within the CAG Library? I have been reading around this a bit, but the only thing I can seem to find is in relation to part 36. Is this the way to go, or can I use a standard letter template?

 

Thanks

 

Lancer

[lancer44k]

Thanks for the info Andy. I've now submitted by N149 and sent a copy to the Claimant.

 

Received nothing from them though No surprise there...

 

I want to try and bring this to an end sooner, rather than later. I am looking at making them an offer before mediation to see if they will accept. Should I use the standard template letter for a F&F within the CAG Library? I have been reading around this a bit, but the only thing I can seem to find is in relation to part 36. Is this the way to go, or can I use a standard letter template?

 

Thanks

 

Lancer

 

Any advice on the above please, Andy?

 

Thanks

 

Lancer

[AndyOrch]

Part 36 is not really applicable to small claims and irrelevant to your current position.Any offer can be made verbally or in writing without prejudice...I personally would not advocate making a F&FS at this stage.

 

Andy

[lancer44k]

Thanks Andy