JC/Moriarty claimform - Talk Talk Broadband debt***Claim Discontinued***

[AndyOrch]

 

[dx100uk]

Have you received all the info you cpr request ed?

 

what like threads have you read in the last month on here?

 

In Nearly all of them it explains what to do.....

 

1 hour ago, Sergy said:

 

The only compromise for me is to drop the case. 

You are not the claimant, you cant drop a claim, only admit to it. Which you dont ever do as they have zero chance of winning here as termination fees that equal the monthly costa till end of contract is unfair.

[AndyOrch]

I think Sergy means for the claimant to drop the claim.

[Sergy]

dx100uk, I read several threads which are similar to mine. There were not so much info on mediation strategy and step by step instructions. 

 

Andyorch,  The Alternative dispute resolution thread says in the last two paragraphs:

 

" You really need to work out what you can afford and what you are prepared to pay, over what period and on what terms ........Approach this mediation with an open mind and with an appetite to settle, if that is what you want. You have a great opportunity to bring closure on your terms, without having a judgement imposed on you by a judge...........". 

 

Of course I will repeat the  particulars of the claim without deviating to anywhere else as mentioned in the link. 

 

But what exactly I may propose/offer during negotiation process? 50p?   

I just want the case to be dropped without paying any single penny to them. 

[dx100uk]

have they sent any of your requested paperwork?

[Sergy]

JC Moritary did not sent back any paperwork requested  in the defence .  So what exactly I have to negotiate? Most probably nothing, except reading back what was already mentioned in the defence.   Please advice me if any special tactic/strategy must be applied.  May I ask for a link  with a simple mediation script in relation to my case ?

 

 

[dx100uk]

They dont send anything in response to your filed defence.

 

You requested documentation via your cpr 31:14.

If they have not sent anything then you have no information to make an informed decision upon ever entering into med and you should say no to it.

 

The n180 form questions you filled out are asked again before the phone mediation commences.

[Sergy]

dx100uk,  earlier In the thread you kindly provided  a link in relation to mediation:

 

As instructed, I ticked "Yes" to mediation in the N180 form:)  

NOW, should I contact county court via given email and inform them that mediation is not suitable for my case? are there any penalties/consequences for me further on?

[AndyOrch]

No....you did initially agree to mediation on the premise that they may comply and disclose the requested documents before a mediation appointment was fixed...they have not complied and therefore you really cant consider a compromise or any mediation without disclosure to prove they are legally entitled to make this claim.

 

Mediation will be cancelled once you confirm the above on the next communication your receive from mediation.

[Sergy]

Considering all  mentioned above and to avoid misunderstanding:

At the moment  I  have nothing else to do but  reply via email, as instructed in " Your appointment details " form,  "Important mediation requirements" section,  which is the paper version received via post.

Please refer to the attached screenshot.

 

Scan2022-02-17_152411.pdf

[AndyOrch]

Well point 2 you cant state yes because you haven't...its does not state what to do if you cant answer yes to all 3...so wait until they next contact you and tell them no to point 2.

[dx100uk]

that also shows you are entering into the 'spirit' of mediation by giving the fleecers as much time as possible to comply before you refuse mediation on the day of the ACTUAL mediation phonecall.. that puts you in a stronger position .

 

[Sergy]

Ok got it now, Thank you!

[honeybee13]

Thread reopened.

 

HB

[Sergy]

Finally, I received the Notice of allocation to the Small Claims Track (Hearing). 

 

1. May I ask you to  advise me on how to proceed with required paperwork, including witness statement ? 

2.  What is the best way to act, if I wont be able to attend the hearing on the date due to situations beyond my control?

Sergy

[AndyOrch]

What dates are you working to ? Date to file and serve statement and evidence ?

[dx100uk]

What are the dates parties have to do things like pay fees and exchange WS's?

 

might be an idea to scan bothsides to one multiple pages pdf.

 

Dx

[Sergy]

Please see attached Notice of Allocation to the Small Claims track (

3 pages_merged.pdf

[dx100uk]

Why have you hidden everything we need to see?

A pointless waste of your time.

 

All you ever need to hide is your name and any case number.

How can we check if / when things have to be done by or met correctly by you/them if you remove all dates times/places..............

[Sergy]

Please see attached  below in proper format

Notice_to-alloc.pdf

[dx100uk]

So witness statement time by 29th.

 

 

[AndyOrch]

By the 16th Aug DX (not less than 21days pre hearing 5th Sept)

[dx100uk]

well i know im typically useless seeing when out on my phone sheep herding sometimes....

but i thought 5th sept was claimant fee payment date?

[Sergy]

Dear Site Team,

 

I would be most grateful if you could advise me on the following : 

 

1. As I mentioned earlier, I won't be able to attend the hearing due to unforeseen circumstances. So I need to  send a letter via post to the Deputy District Judge Rose, LS1 3BG. Is this correct? Are there any templates?

2. For the main body of the witness statement I need a template as well. May I paraphrase my defence or it must be something else? 

3. Send witness statement via post  by the 29th of august to the court only

 

Sergy

[dx100uk]

No template as such but there are numerous ws's here in mobile/telecom clAimform threads to guide you 

 

And yours might well change as it will be better to await theirs as you have no documents yet that they must Inc as exhibits in theirs 

 

Your WS will need to be water tight unless you can get the date of the hearing moved 

 

Dx