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  1. Ill keep this short and sweet guys.. purchased a BMW 325D from a trader. 4 weeks later discover puncture and two cracked rear alloys.. happened at Carlisle on the way home from Scotland to Wales late afternoon. Kwick fit repared and replaced. disputes with trader throught MCOL and mediation happened last Thursday morning. Ive been told because I didn't offer the trader a chance to rectify the problem the judge may award against me, it wont fo in my favour. My issues were - I was stranded, granted I could have called him but I panicked and wanted to get home! Also when I notifed him onf the situation the next day he emailed me back basically saying im not covered under warrenty! should I take this to court? I feel like ive lost me claim of circa £1800 now after mediation call. any advise would be apprected THanks Lee
  2. I have a civil claim against a former employer under the Employment Rights Act and unlawful deduction of wages. Tomorrow afternoon i have a conference call with the court mediation service to try and settle this claim before it goes in front of a judge. I am asking for peoples opinions on this process, is it objective, does it work, or is the Mediator more interested in any form of settlement rather than justice to the cost of either the claimant or respondent? Thanks
  3. Hello I have a mediation upcoming with a firm but I need to reply to acknowledge I would agree to it and they pay me a certain rate but I do not know best way to reply, can anyone help me draft a reply please. I need it including I disagree with the response to my complaint; that a document was never explained to me, and dates were missed etc
  4. Hello Friends, Can civil mediation be used to recover the the statutory penalty (1-3x Deposit) for late protection of tenants deposit? Thanks
  5. I as the Claimant received back in July an order from the Judge with directions (which I would assume the Defendant also received). The order had three main points on it, 1. That Disclosure by List was done by the 4pm 15 August 2012, 2. That any request was received by the other side by the 4pm 29 August 2012. 3. That all parties attempt mediation, that any request made by a party must if declining mediation be received within 21 days of that request. I filed my disclosure by 15 August 2012, the Defendant hasn't, I requested mediation on the 6 August 2012 the Defendant hasn't responded. I wrote to the Defendant requesting that they file the disclosure within 7 days, they failed to do that. Today, at 5:35pm I received a telephone call with a request to email me a letter, I received that request which confirmed that they wanted to see all my documents that I listed on the disclosure list. So my question is what recommendations or comments does anyone have with this total disregard for CPR and the Judges Orders.
  6. Afternoon my fellow Caggers, OK - long story short - I have a disability which I developed last year, my line manager harassed me in keeping in touch meetings and we are now at tribunal stage. My line manager has now been made redundant(!) and it seems that the Company just want me to move on and get over it by returning to work when I can. I do, genuinely believe that I have a very strong tribunal case and the actions my Company are now making makes me believe that they do not want to get to a hearing. Question is this - my Company have offered mediation with the Director of the area I work since some of the comments made to me from my ex-line manager were, he said, comments made by this Director in conversations with him. I have to say I don't think I'd feel that comfortable with this as I guess he(the Director) can say what he wants now - it's the actions in the future that matter and there is definately a lack of trust there. What do you think I should/could do? Thanks as always.
  7. I have claimed against a property agent for return of my 'non refundable' holding deposit in the small claims court. After mediation, which has failed, I have understood that the agent has three things points that he will make: 1. that I knew it was a non-refundable deposit 2. that he took the property off the market and 'lost' potential clients 3. that when he subsequently let it he had to accept £20 a week less in rent. My points against these are: 1. I paid the deposit by phone, he emailed the receipt which revealed it was non-refundable if I did not take up the tenancy, but refundable (minus admin costs of £100) if he didn't accept me as a tenant. A biased, one-sided contract 2. From the time I paid the deposit, till the time I told him I would have to pull out he lost two business hours…which could not have possibly cost him £500. 3. That he later let it for £20 a week less is nothing to do with me, perhaps it was overpriced and I should have bargained. I have looked at LandlordZone and OFT Guidelines on Pre-contract deposits. I don't think I have a problem with points 1 and 2, but they don't seem to have anything on point 3. Any help would be much appreciated!
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