carter and claimform for old BT mobile 'debt'***Claim Discontinued***

[HighVelocity]

yes i guess i need to wait to hear about the transfer of proceedings and the next step they choose to take but as you advised i have played the waiting game with BC, i have nothing to lose I am going to give this a shot at least!

[HighVelocity]

Hi there

 

 

I wonder if you could now assist me in moving forward;

 

Today i received a notice of allocation to the small claims court

- it states the case is suitable for mediation and that I should contact HMCTS by telephone

or email to arrange a telephone mediation appointment.

 

 

it states this will be a free service which will proceed if both parties agree to it,

if unsuccessful

my court date is the 21st November and that I need to pay £115 by the 26th September for court costs

unless I make an application for a fee concession

(it does not state how on earth i do this?

 

 

I need to as i do not have that spare cash available

- all my wages are spent on bills, childcare costs and rent

I am left with little to cover food and fuel let alone to spare within a couple of weeks!

 

 

any idea how I can find out more about this?)

I will obviously call the mediation service and try to arrange an appointment

- any advise on how best to proceed with this

- many thanks in advance

[AndyOrch]

Read it again HV...carefully.....you dont have to pay anything you are the defendant.

 

Regards

 

Andy

[HighVelocity]

yep your right sorry! my life is a whizz half the time - no excuse but reading things at more than a glance these days is difficult! - thank you do these things tend to follow a certain direction at this point?

[AndyOrch]

Yes its all listed within the Notice of Allocation...read it again ...even more carefully this time:wink:

[HighVelocity]

i will thank you

[HighVelocity]

Hi there I now have a date for mediation by telephone in a couple of weeks time, can you assist or advise with the best way for me to prepare and present this?

Many thanks

[AndyOrch]

New Sticky now available....

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?433406-Alternative-Dispute-Resolution-(Mediation)

[HighVelocity]

thats great thank you,

 

 

so do i need to impress on the fact they have supplied none of the paperwork/contract requested at the outstart or is that now irrelevant?

- my main argument here was in that the bill was racked up with spam texts

which i on various occasions contacted BT by telephone asking them to block these texts

- i had already paid some of the amounts and told them i was not willing to pay anymore!

 

 

i appreciate the sticky says I am to obtain as much information as possible that they have against me

- what sort of questions would you suggest in this specific case ?

 

 

thank you

[AndyOrch]

Just state your dispute...its informal the mediator has no power to impose anything on either party...its an opportunity to narrow the differences so that each party know what's involved should they decide to proceed to trial...you could strike a deal between you if they agree a lower figure...stay the claim and settle the claim without proceeding...take the opportunity and embrace it..it could be an easy way to settle this without court.

 

Andy

[HighVelocity]

That's much appreciated, do you think that option will be likely? thank you Andy

[AndyOrch]

We have had quite a flourish of settled claims by ADR recently...you will know in about 5 mins of the mediation whether it feasible to come to a settlement...and if it fails you have participated...and thats all the court expects of you.

[HighVelocity]

great thanks - makes sense to me!

[HighVelocity]

Well it is looking like I will be going to court and not mediation!

 

 

mediation have been a nightmare to deal with

they made appointments then cancelled,

they do not reply to emails and are constantly engaged and

 

 

as of yet they are trying to rearrange the appt and have one time for the 7th

but have not been in touch so looking like i will be attending court instead!

 

 

can you give advice on how best to present myself and prepare for the court case please ?

 

 

many thanks

[AndyOrch]

Simply refer to your Notice of Allocation now ...follow the directions by date....first stop will be your Witness Statement and Standard Disclosure...they must be served on the court by the date stated and exchanged simultaneously with the claimant.

[HighVelocity]

Hi Andy

 

I have still not had definite confirmation that the mediation will not proceed but will attempt to call them tomorrow on my day off! however having spoken to the lady at mediation earlier this week who was trying to get an alternative appointment she said if she did not come back after a few days assume it would go to court!

 

Now my notice of allocation requires the witness statement etc to go to them and the claimant by the 27th October - this date has passed and i have only now just been told that mediation is unlikely to proceed, thereby meaning i have missed the date, can I call the small claims court and explain this?

 

Also regarding my defence can you advise or give me links on how best to word it?

my basic argument is that I ended up with a huge bill for loads of spam texts which I phoned BT on numerous occasions requesting them to stop/block. The bryan carter paperwork states the start date of the contract was 1 June 2009 and the end date was 23 August 2010 - there was no early termination fee applied to the account.

 

I am now beginning to think if I cannot prepare and and do a reasonable defense I might as well just attempt to settle out of court now, they will have to accept low payments due to my financial situation as most of my wage goes on rent and childcare for my son. Do I have a leg to stand on here? I have followed your advice throughout for which I am very grateful but would really appreciate some links or suppport in preparing an adequate defence if there is any chance of success in defending this, or am I just flogging a dead horse so to speak, if so I may as well take it on the chin and attempt to repay.

 

Regards High Velocity.

[HighVelocity]

ps the orginal mediation appointment was cancelled due to bryan carter not having sufficient staffing on the date it was made - not sure if this goes in my favour in anyway whatsoever? this was stated to me on an answer machine message but not in the email that was sent by mediation, although I have the guys name who called.

[AndyOrch]

Hi Andy

 

I have still not had definite confirmation that the mediation will not proceed but will attempt to call them tomorrow on my day off! however having spoken to the lady at mediation earlier this week who was trying to get an alternative appointment she said if she did not come back after a few days assume it would go to court!

 

Now my notice of allocation requires the witness statement etc to go to them and the claimant by the 27th October - this date has passed and i have only now just been told that mediation is unlikely to proceed, thereby meaning i have missed the date, can I call the small claims court and explain this? Not really you still have to follow the directions by date and you have had them since July ...mediation or no mediation that's a separate matter and independant

 

Also regarding my defence can you advise or give me links on how best to word it? You have already submitted your defence in June

my basic argument is that I ended up with a huge bill for loads of spam texts which I phoned BT on numerous occasions requesting them to stop/block. The bryan carter paperwork states the start date of the contract was 1 June 2009 and the end date was 23 August 2010 - there was no early termination fee applied to the account.

 

I am now beginning to think if I cannot prepare and and do a reasonable defense I might as well just attempt to settle out of court now, they will have to accept low payments due to my financial situation as most of my wage goes on rent and childcare for my son. Do I have a leg to stand on here? I have followed your advice throughout for which I am very grateful but would really appreciate some links or suppport in preparing an adequate defence if there is any chance of success in defending this, or am I just flogging a dead horse so to speak, if so I may as well take it on the chin and attempt to repay.

 

Regards High Velocity.

 

Have you received the claimants Witnes Statement and disclosure yet?

 

Regards

Andy

[HighVelocity]

no they too appear to have missed the date

Regards

[AndyOrch]

Get yours in then ASAP.....their failure will assist with a strike out.

[HighVelocity]

I will phone the court tomorrow and send it over the weekend - any advise on the best way to do it or links to assist ?

[AndyOrch]

Just read other similar threads....which have got to WS stage...again you cant copy others as they are unique to their claim /thread...but you will get the gist and layout.

 

What are you ringing the court for?

[HighVelocity]

I have been searching on here all night! Whats WS stage? I was intending to ring the court and explain why my documents have been delayed and inform them they would be posted out? whats the best wording to search for the similar threads - there seem to be a lot to wade through on here - many thanks

[AndyOrch]

WS stage is Witness Statement stage....follows the DQ and allocation when the claim is proceeding.Its not a good idea to ring the court and tell them you have failed to comply with a Judges directions...just submit them and hope its not picked up...by the them or the claimant.

 

If you type Witness Statement in the search box (top right) under the CAG logo...every thread that refers to a Witness Statement will appear in your list.

[HighVelocity]

ok not really up on all this jargon! this is a first for me! i shall search under that!

Well given i was under the understanding mediation was taking place and was not notified of this failure - occuring due to the claimants lack of resource surely it would be acceptable for me to note that in my paperwork! given it is encouraged to accept mediation! ??otherwise surely this is a system failure and contradiction of procedure.