OH's IDEM claimform - MBNA credit card debt

[AndyOrch]

No 1 witness the defendant...irrelevant whether your attending or not.

[blondiegirl]

Great, thanks. It's printing.

 

1 letter to the Court

1 copy to idem without signature

1 for our records

 

Both sent recorded??

[AndyOrch]

Post office receipt of postage will suffice.

[dx100uk]

and its free!

just use a 1st class stamp.

 

[blondiegirl]

Documents sent to Idem & Court. Received by the Court on the day required (assume Idem will get it same time too??). 

Just sit and wait now??

[dx100uk]

n157 allocation next

 

[blondiegirl]

OK, ta. I'll look that up.

 

Idem has sent its N180 back; they say 'no' to the small claims mediation service and 'yes' to the small claims track as being appropriate. 

[dx100uk]

Really..no?

[blondiegirl]

Oh also, their letter states:

In addition, please be advised that we have made a request to the Court to place the proceedings on hold for a period of one month to enable the parties to attempt settlement of this matter.

[dx100uk]

Pers id object or simply ignore these begging attempts

[blondiegirl]

I guess there's nothing we can respond to. 

 

I don't see how they say 'no' to mediation, then write to put proceedings on hold for a month to enable settlement - that sounds like unofficial mediation to me (sort of).

[AndyOrch]

Claimant is entitled to request this within their DQ but only on the N181 Fast Track...not the N180...but it wont be for mediation purposes normally its down to give them time to get their act together....so a good sign for you and bad for the claimant for not complying with the the courts preferred method of ADR.

The stay would only be allowed at the courts discretion.

 

Andy 

[blondiegirl]

I've looked on the moneyclaim site and there it's showing as:

 

DQ sent to you on 03/10/2019

DQ filed by claimant on 01/11/2019

You filed a DQ on 02/11/2019

 

Is this as expected?

 

[AndyOrch]

Is what expected ?

[blondiegirl]

I was just checking that this is what I should expect it to say? No mention of the fact that they say they're asking for more time.

 

Edited November 6, 2019 by blondiegirl
missed a word

[AndyOrch]

They cant ask for more time in Small Claims Track...hence nothing on the MCOL status dashboard.Once a DQ has been filed the claimant has no say on what happens next and by what date...the court sets the timetable.

[blondiegirl]

So just usual rubbish and very unhelpful not agreeing to mediation

[AndyOrch]

Sound right for IDEM.....the only way to stay a SCT claim without having to make a further application to lift the stay is to make an application and attach it to the DQ requesting a months stay.....with fee £100..so rather pointless and contradictory  

[blondiegirl]

Do you know if there's a typical time it takes for this to get to court? Or does it depend on whereabouts in the Country and how busy the court is?

[AndyOrch]

Depends  and varies by County Court. ...nothing moves fast in litigation.

 

 

[blondiegirl]

A letter has just arrived from the HM Courts & Tribunal Service. Has anyone ever had a letter about mediation???

 

It is dated 11/11/19, arrived today 13/11/19 - ie, 2 days.

 

I am pretty sure that the N180 from Idem stated 'no' to mediation however, the letter states that both sides have agreed to mediate and that a telephone mediation session of up to one hour is available.

 

2 problems - 

 

Problem No. 1

As advised, we stated 'yes' to mediation however, the form states we have to be willing to negotiate on the amount of claim if we are to try and mediate. The amount outstanding is just over £3k and we really don't have any money with which to pay any of this.

It also says to confirm whether we "have enough information about the claim to allow us to enter into negotiations and that we don't require further evidence from the other party before you can mediate" -  surely we're still waiting for a correct, signed credit agreement, notice of assignment from MBNA - Idem, and the default notice from MBNA befoew we can agree any of this?? 

 

Problem No. 2

The letter states that we have to phone before the 13/11/19 (ie, TODAY!!!). How can my OH call before 5pm today when the letter only arrived TODAY and he won't be home before 7pm?!

 

Any advice which helps our case is appreciated as I don't want this to count against us but it seems a little unfair that there's absolutely no time to respond to this. 

 

[dx100uk]

Until the actual day of mediation for now you let things run

 

As with just about every other claimform thread here when it happens you are asked the same questions..

 

Its THEN you state gou do not have enough information to make an informed decision.

[blondiegirl]

The actual day of mediation is 3rd Dec apparently - although there is no guarantee that there will be any time slots. 

So I'm confused, in order to actually get an appointment on this day, we have to respond by 5pm today - the letter only arrived today hence my post.  We CANNOT respond today as per their instructions.

[dx100uk]

Not an issue do it tomorrow then

[blondiegirl]

It's pretty tricky for my husband to call the Mediation Service at work about this obviously so he emailed to say that the letter was received late and was mediation still an option.

 

The Mediation Service replied that it's now been referred to local court.

He then asked whether mediation was still an option as it's not through his fault that he's been give no time.

 

They have replied:

 

"The case was referred as it was not suitable for mediation from the claimant side of the case."

 

Slightly confused.

A letter about mediation arrives late, when responding, they said the claimant say it's not suitable??

 

Should he just ignore this and use it as 'evidence' where he was trying to be helpful and accommodating etc but that the Mediation Service say that Idem say it's not suitable for mediation??