JCI/BW Claimform - old TALKTALK Debt - filed wrong defence? - now think it's statue barred?

[What Next]

No I wasn’t advised to send the SB info yet, but to wait for allocation and put in witness statement? I had already agreed to mediation, but I did not think that meant I had to give up my position totally? 
 

Do I refuse mediation saying SB, or continue with it and see what they have to say please?

[dx100uk]

Yes rhen..

[What Next]

Sorry, do you mean yes then to refuse mediation and say statute barred, or mediate and say statute barred and see where it takes me? 

[dx100uk]

you didnt file an sb defence so agree to mediation.

 

dx

 

[dx100uk]

right sorry ignore that.

this is about the actual appointment too mediate.

 

has the claimant sols sent any documentation back regarding the TT debt at all?

 

dx

 

 

 

[What Next]

I have not received any info & they refused my request you advised me to send saying

 

“However, as the parties have agreed that the small claims track is appropriate for the matter and the court may allocate the matter to a small claims track, your request under CPR 31.14 for disclosure is ill-founded. As CPR 3 1.14 is not applicable to small claims track”

[dx100uk]

which is BS as its not been allocated to a track yet be it small claims or fast track (its not fast track) , but they can't pre-empt that as an excuse for not responding

 

ok if you read around at just about any mobile or telecom claimform thread you'll see this is a common tactic.

 

as it stands you could continue to agree to mediation if you wish.

that shows willing upon your behalf in the spirit of mediation...giving time

 

then answer NO to the question upon the actual day stating you have no information to meaningfully enter mediation as the claimant has refused your CPR 31.14 request quoting they are not obliged to supply anything in small claims (but its yet to be allocated). the same Q's are asked at the start of the call.

 

or 

 

do it now the above now quoting the same reason.

 

your call

 

i can see you winning this by lowell discontinuing the claim just before the hearing date to save money as they do.

they are simply trying to intimidate and harass the defendant... very common...go read...

[What Next]

Thank you dx I will read more before I do anything else

[What Next]

mediation looming on 22nd, my mind keeps going blank & I can’t remember what I want to say, I’ve tried making notes to prepare, but it’s all scrambled in my head!  

[dx100uk]

Eh?

 

All in my last post

[What Next]

I know, but it seems too simple & I’m worried on the day my mind will go blank & I’ll forget everything & mess it up? 

[dx100uk]

its a very simple question to answer.

if you've not received enough docs to meaningfully enter into mediation you don't

it has no bearing upon any later court decisions should you refuse.

 

stop panicking about a nothing burger situation.

 

 

[What Next]

Thank you the stress is getting to me & I'm not even on the day yet! 

[What Next]

Update:

 

I took the mediation call, explained I had not received the paperwork requested and that the sum requested is for supply of service after I moved out of the house. The mediator said I had not supplied any evidence of my medical issues, which I replied I hadn’t as the court hadn’t asked for it. She said if I supply the evidence then I could be dealt with in a different way.

Then I added that actually I believe it is statute barred anyway. She summed up by saying as I haven’t got the papers & I’m not going to negotiate a payment for something I believe I shouldn’t have to pay, she will send it back into the court system. 
 

so I await the next move.

[Andyorch]

 Well done......come back here when you receive your Notice of Allocation N157.

 

Andy

[What Next]

Will do thank you.

[BankFodder]

open

[What Next]

LATEST UPDATE

 

Today I received a letter from the court, N271 Transfer of Proceedings.

 

Any/all comments much appreciated

Talk Talk N271 Transfer of Proceedings dtd 17.02.22.pdf

[dx100uk]

On 24/11/2021 at 13:27, Andyorch said:

 Well done......come back here when you receive your Notice of Allocation N157.

 

Andy

As above

[What Next]

Ok thank you

[What Next]

So here I am back again. I have received the N157 for small claims track and the hearing is listed for Sept. All/any comments much appreciated?  Please see attached:

 

 

 

N157 allocation to small claims 16 Apr 2022.pdf

[dx100uk]

good well it tells you what you have to do as the defendant, and ofcourse you've not been waiting the whole monthdoing nothing and have been self helping what to do next over the last month away??CAG is self help too..

 

100's of

lowell telecom claimform

or 

lowell mobile claimform

 

threads here for you to read.

 

dx

 

[What Next]

Thank you I will read, but sadly as yet bank have not provided evidence of them claiming back the payments, so apart from my word, I have no evidence, except my moving out date?

[dx100uk]

On 11/10/2021 at 13:40, Andyorch said:

Splendid....so when your n157 arrives come back and we can help with your statement to incorporate your initial defence and introduce the statute barred element.

 

 

 

.

statements are not your problem, statute barred until proven otherwise by the claimant...m'lud.

 

 

[What Next]

Thank you