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Hi the actual DQ (N181) is okay...but your directions require address...directions are how the claim will be conducted between parties...kind of a time line.

 

 

1.The claim be allocated to Fast Track

2.Each Party must give to the other party standard disclosure by list with inspection 7 days thereafter. Court to set date.

3.Each Party must serve on every other party the signed statement of all witnesses of fact on whom they intend to rely.Court to set date.

4.Pre trail checklists to filed no later than (court to set date)

5.The matter be listed for trial.Court to confirm date

 

Andy

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  • 4 weeks later...

Hi Andy, I haven't had anything in the way of draft directions from the claimant

 

I've filled in the N181 as in post #25 and prepared a seperate sheet here for the draft directions.

 

Is this ok

or do I add that they made no attempt to agree directions?

 

I have to have this in to the court by friday,

 

do i send it to the claimant also?

 

Many thanks for your help.

draft directions.pdf

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Hi Andy, I haven't had anything in the way of draft directions from the claimant so I've filled in the N181 as in post #25 and prepared a seperate sheet here [ATTACH=CONFIG]65885[/ATTACH] for the draft directions. Is this ok Yes ...should be the claimant drafting the directions anyway or do I add that they made no attempt to agree directions? You can state Not agreed with the claimant no proposals received from the claimant I have to have this in to the court by friday, do i send it to the claimant also? Claimants Solicitor Many thanks for your help.

 

Regards

 

Andy

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  • 2 weeks later...

Hi again. I have just received a copy of the DQ and draft directions from Cohens and they have filed the same with the court ( a day after the deadline).

 

1. Pursuant to CPR 26.7(2), the claim be allocated to the small claims track

 

2. There be a stay in proceedings of one month to allow both parties to negotiate settlement of the claim by way of the Small Claims Mediation Service.

 

3. Both parties to inform the court if settlement has been agreed or if an extension of the stay is required

 

4. If a settlement has not been agreed, then the claim be transferred to the defendants local court to be allocated to the small claims track and listed for a hearing on a date to be fixed by the court with a time estimate of 1 hour

 

5. The claimant pay the hearing fee on a date to be fixed by the court

 

6. No expert evidence being necessary, no party has permission to call or rely on expert evidence

 

7. Each party shall deliver to every other party and to the court office, copies of all documents on which they intend to rely upon no later than 14 days before the hearing along with a signed statement of truth.

 

They are asking for small claims track but I thought it was over the amount allowed for this?

 

Am I correct in thinking the next step will be a call from mediation and I note in other threads I should state the no cca when asked?

 

 

Is there anything else I need to do or be aware of?

 

 

Sorry for all the questions!!

 

Thank you, Musicam

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Standard directions...but I doubt very much they will get Small Claims Track.....await Notice of Allocation which will confirm the directions and the track...mediation is only free in SCT...not FT....parties have to pay for it.

 

Andy

We could do with some help from you.

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Really appreciate your help, thanks and have a great Christmas.

 

And you too Musicam all the best from CAG :wink:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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  • 1 month later...

Hello, I've received another claim from Hoist / Cohens sent on the 3rd February. The last contact/ payment on the account was 20th January 2011 so I'm wondering should I file the same no paperwork defence or can I go down the statute barred route? Do I need to start a new thread? Many thanks! Musicam

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yes new thread please

and fill that std link out we sent before please

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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