HPH2/Cohen Claim Form barclaycard 'debt'***Settled by Tomlin Order***

[Guest]

you say #73 you have already rec'd confirmation from the court re yr defence submission, so thats ok.

[isbo]

Yes, I sent that ages ago. Funny how the process sloooows right down when you're fighting back, and moves very quickly when you're struggling.

[dx100uk]

n180 is simple

 

type it in our search of the red toolbar

 

and agree to mediation

that's it

[isbo]

OK folks, what should I do next? Fill in N180, and agree to mediation - can this be done via MCOL?

[dx100uk]

no you have to post it.

yes to mediation

the rest is obvious

 

 

dx

[isbo]

Incidentally, I've just made a donation to the site. As funds permit there will be more to follow. Thanks for such huge help.

[isbo]

OK so I need to get onto that this weekend then DX.

[martin2006]

There will be a date to file the N180 by in the NoA (N149A)

The N180 itself can be d/l and filled in, there is no fee for this form to file but you must also send it to the other sides sols aswell

[isbo]

As stated:

3. You must by 20 May 2016 complete the Small Claims Directions Questionnaire (Form N180) and file it with the court office [the county court Business Centre, 4th Floor etc Northampton] and serve copies on all other parties.

_________________________ ______________________

 

So - who do I also send it to this time, please?

[dx100uk]

you've already answered yourself in post 74...

and post 85 has the answer too

 

dx

[martin2006]

You need 3 copies isbo.

1 for the court

1 for the other sides solicitors ( by way of service)

1 for your own files

[isbo]

Thanks Martin, much obliged. I can't see how in post 74 I've answered my own question, I'm afraid. I was meaning does it go to Hoist AND Cohens, apologies for vagueness.

[martin2006]

No just cohens and the court, save one for yourself

[isbo]

Magic, will do Martin. Thank you.

[Guest]

you've already answered yourself in post 74...

and post 85 has the answer too

 

dx

and #86.

[isbo]

I refer the Honourable gentleman to my post #89

[Guest]

and you are referred to the courts direction, # 86

to the court

and all other parties. who is the other party, the claimant.

[isbo]

OK it's Saturday night, it's Sunday in Sydney and there is snow in Alaska. And I am very tired after a 6 day working week. I can't find what to put on the N180, either.

[martin2006]

N180 is very straightforward isbo, tick yes to mediation, the rest is self explanatory

You d/l it and it has fields to fill in.

Fill the fields in and print 3 copies

Edited May 14, 2016 by martin2006

[isbo]

OK Martin, once again thank you very much. Had enough tonight so I will do it after work tomorrow evening buddy.

[Guest]

good idea. despite the alaskan snow and sydney sun, have a break. then read and follow the directions as per your own post # 86.

[isbo]

All done and sent off to the two parties. Thanks for the help again guys n gals.

[isbo]

Hmm, OK folks...today I've had an email thus:

Small Claims Telephone Mediation Service

Tel: 01604 795511 - Email: [email protected]

Claim Number: XXXXX

Parties: HOIST PORTFOLIO HOLDING 2 LTD v MRX XXXXXXXXXXX

 

The above parties have all filed a Directions Questionnaire (N180) and have all requested mediation.

 

Appointment Time & Date

 

A one hour telephone mediation appointment has been provisionally booked for between XXX XXX

 

Mediation appointments are limited and can only be re-arranged under exceptional circumstances.

 

If you want a 3rd party to mediate on your behalf, please contact the Mediation Team in order to authorise their involvement and forward this email to them.

 

You will be telephoned within 8 days of this email and asked if you can agree to the terms set out below.

Please note that the Mediation Team will call from a withheld number.

Once ALL parties have been spoken to, you will receive an email confirming the start time of your appointment.

Mediation appointments are limited and in high demand.

If we are unable to contact you, your appointment will be cancelled

and your case will be transferred to a local court to be listed for a hearing.

 

(If you want to be contacted on a different number to the one you stated on your Directions Questionnaire, please contact the Mediation Team to provide the relevant number)

 

Mediation Requirements

 

Please read the following statements:

 

Yes

No

For mediation to be successful there needs to be some flexibility from all parties

and a willingness to listen and consider each other’s positions. Can you agree to this?

I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment

I can confirm that I can mediate on the date stated above.

(Mediation appointments are limited and can only be re-arranged under exceptional circumstances).

 

Mediation is only available to you if you can answer YES to all 3 statements above.

If you answer NO to any of the statements, mediation is not suitable for your case

and you should contact the Mediation Team to inform them (email is preferable).

 

How is Mediation Carried Out?

 

You will be contacted by a Court mediator who is trained to help people settle their disputes.

The mediator acts as a ‘go between’ to help both parties try to find a resolution.

They do not make decisions, offer legal advice or adjudicate the dispute.

The mediator’s therefore do not need to see any supporting evidence prior to mediation.

 

Mediation is done via telephone but it is not a conference call.

The mediator will speak to one party, discuss the case and how they are willing to resolve the matter,

then hang up, call the other party and do the same.

The mediator will continue to go back & forth between the parties for the hour long session.

 

If you and the other party come to an agreement,

the mediator will draw up a Settlement Agreement confirming what is agreed.

The mediator will read the Settlement Agreement to you

and it becomes legally binding from the moment you verbally agree to it.

Copies of the Settlement Agreement will then be sent to all parties and the Court, this concludes the case.

Should the other party breach the terms of the agreement, you can apply to the court to enforce the order.

 

If no agreement is made after 1 hour, the mediator will end the session

and the case will proceed to a hearing to be resolved by a District Judge.

Anything mentioned at mediation is confidential and cannot be referred to at a court hearing.

 

Important Preparation

 

Please find below some guidance notes that will help you prepare for your mediation appointment.

It is important that you read this fully prior to your appointment.

 

1.You must participate in mediation in good faith, with the intent to reach an agreement.

If you attend with no intention of negotiating or compromising, the mediator will terminate the session

. You must be prepared and willing to put your points forward, and to listen to the points raised by the other party.

Top Tip: Spend a few moments making a list of the strengths & weaknesses of your case

and think about how & where you are able to compromise.

 

2.The mediator may call from a blocked or unknown telephone number.

Top Tip: Make sure the number you provided for the mediation session can accept calls from unknown or blocked numbers.

 

3.If you want a 3rd party to mediate on your behalf, you must contact the Mediation Team by phone or email to authorise their involvement.

Top Tip: The 3rd party must be fully aware of the facts of the case

& have a good understanding of how far you are willing to compromise.

You will be legally bound to any agreements the 3rd party makes.

 

4.Your mediation appointment is limited to 1 hour.

You must be free and by the phone for the full hour so that the mediator can contact you.

Top Tip: Make sure you are in a suitable location for the appointment that is free from distractions.

The mediator will cancel the appointment immediately if you are driving even if you are using a hands-free device.

 

5.Everything mentioned at mediation is confidential.

The mediator will only pass information to the other party with your authorisation.

You cannot record the mediation session. If mediation fails & a hearing is required,

you cannot refer to anything discussed at mediation during the hearing.

 

6.You must be available at the start time of your appointment.

If you do not answer the phone or respond to any messages left by the mediator within 10 minutes,

the mediator will cancel the appointment.

Top Tip: Have you provided the most suitable telephone number for your appointment?

If you are mediating on behalf of a company, have you provided a direct line?

 

7.The mediator speaks to both parties separately.

You may not be the first person contacted so please be aware that there may be a delay before the mediator calls you.

If you have not received a call within 15 minutes of your appointment start time, please call the Mediation Team.

 

If after reading the above you are still unsure whether or not mediation is suitable,

or if you have any other queries, please call the Mediation Team on the number below.

 

Small Claims Mediation Service Contact Details

 

Tel: 01604 795511

Email: [email protected]

Post: St Katharines House, 21-27 St Katharines Street, Northampton, NN1 2LH

[dx100uk]

as astated

mediation will ask you a series of question

one of which is:

have you all the paperwork required from the claimant.

you of course answer....no

mediation will fail.

[isbo]

Brilliant. Thank you.