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andrew1402

lowell Claimform - OH's old EON util debt ***Claim Discontinued***

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Already advised in my last post....I really cant make it any clearer...


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I understand paragraph 5 and what you advised I'm just trying to clarify the situation basically I'm saying no to mediation because I dont have enough information about the claim to enter negotiations am ,but still have to complete the N180 form am I correct in saying that?

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You have to complete the N180 anyway.....whether you agree or not to mediation..otherwise your defence will be struck out and you get a CCJ


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so we agree to the case to being referred to mediation service? and agree that small claims track for this case? and also find an address for a court near me not them I guess as they never filled that bit in

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you are the defendant, they come to the local court convenient to YOU

if you go search N180 in our search facility up top

we normally advise to agree to mediation [unless the claimants claim is statute barred]

 

you are thus entering into the spirit of the mediation process, 

you continue to agree to it until the actual day of the telephone mediation itself

 

THEN if you have not received enough information from the claimant to make an informed decision 

WHEN the same questions on the N180 form are asked again by the mediation service before it starts

you say NO.

mediation will fail.

the case will be referred to the local court for allocation for a hearing

IF the claimant pay a fee.

they might not

they might discontinue

we cant see into the future.

 

dx

 


..

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5 hours ago, andrew1402 said:

so we agree to the case to being referred to mediation service? and agree that small claims track for this case? and also find an address for a court near me not them I guess as they never filled that bit in

 

The claimant does not fill that in...the defendant completes that section....its allocated to your local county court..you are the litigant defendant.

 

Have you actually read any other threads on the court claim process ?  :classic_ohmy:


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an update of sorts

 

my Mrs received an email from the court saying about times for mediation 9-1 and appointments are first come first served

 

what we can gather no appointment as yet and no more information sent from Lowell

 

if appointment does come in our case

not enough information in our case

all my wife has to say is no to that part

 

am I right?

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wont be from the court 

but the mediation service...???

 

but, yes you are correct...

 


..

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Maybe, so let me get this straight they go through questionnaire questions first just for us to tell them not received enough information to proceed seems hardly worth it but understand. 

Hopefully we won't have to go to court could do without the stress at the moment.

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post 162...already explained all this before

dx

 


..

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I know I've slept since then but anyway nothing wrong with a bit of clarification making sure we get it right 

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update no appointment been made by phone call apparently unable to it's now transferred to County Court Hearing Centre in which we have to await Judges directions which will be sent to us in a notice of allocation 

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got a few updates i'll post later today

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On 06/01/2020 at 14:48, andrew1402 said:

got a few updates i'll post later today

here is the documents they are taking to the hearing in May any advice ?

 

docs+tomlin offer.pdf

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Have you got your Notice of Allocation yet ?


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Std begging they send in every claim

Go read up!!

 

Discontinuance next


..

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41 minutes ago, Andyorch said:

Have you got your Notice of Allocation yet ?

Hearing will be at a court near us in MAY

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And what date must you comply with the courts directions by?


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not sure what you mean? we had a letter from court of when and where the hearing will be held and saying all documents by each party for the hearing must be in by January 20th and this letter I just uploaded is their documents for hearing and response to that

 

they also not attached the Tomlin Order Agreement 

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The letter is called a Notice of Allocation n157...that gives you notice of what happens next (directions)...you and the claimant must now prepare a witness statement and prepare any and disclose any documents you wish to rely on at trial.....normally this must be done 14 days before the hearing date....but your letter will confirm the dates....20th Jan I gather from your last post.

 

So start looking at witness statements and start preparing...dont leave it until 18th Jan to ask for advice.


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So youve had their WS Yet??


..

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I'll double check to find that letter but witness statements and documents what documents does my wife give? And what witnesses ?

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Time to read other threads....the process has been explained 1000s of times.


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Posted (edited)

Which one ? Which process many cases involve different things 

Edited by andrew1402

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Take your pick from the following.....100s of Lowell claims...litigation process is the same irrespective of the debt type.

 

https://www.consumeractiongroup.co.uk/forum/129-legal-successes/


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