Blake Lapthorn Northampton Court - Urgent

[AndyOrch]

Mediation..... during mediation, each side will present its view of the issue, and the mediator will work with each side to attempt to work out a settlement. At the end of the process, the mediator can present his or her findings and present a potential solution to the issue. The mediation process, unlike arbitration, is non-binding; that is, the mediator does not impose a decision on the parties, but he/she attempts to present a solution that is acceptable to both parties.

 

Mediation is an attempt to avoid the claim proceeding to trial.They cant order disclosure of documents..the claim is not based on that nor should a defence be either...they deal with the dispute as to why the debt is outstanding and how they can attempt to narrow the differences in the dispute.

 

Regards

 

Andy

[DARCYS]

Thanks Citizen & Hi Andyorch - thanks very much for your help as always and the information.

 

I have a clearer understanding of the mediation service from your explanation but one mild concern arose.

Firstly, I read it that my defence shouldn't be based on lack of documentation - either for court or for the mediation. I thought that was basically the whole of my original defence for the claim; that I don't acknowledge that I have a debt to AG and that I need to see the documentation to substantiate what they are claiming from me.

 

Please could you tell me how you think I should approach it when I enter in to the mediation?

Do I say that I assume they now really do own the debt and on that basis try to reduce the amount by offsetting the unlawful charges? Or do I continue to say I can't assume anything as I haven't been supplied any documentation that I've asked for?

Or might there be a third option?

 

Sorry for asking a question which is probably obvious to everyone else. In one way I'm relieved it has gone this path for now, but in another I'm nervous as I don't want to make any mistakes. From the tone of their letter I almost feel as if AG see mediation as an alternative way to get me to cave to their demands.

Although I can see that might be my own paranoia.

 

Thanks very much for any advice as to how I should approach this.

Kind regards

D

[AndyOrch]

Hi Darcys

 

You read it correctly and I have always maintained that you do not base a defence on documentation you have requested and they have not complied...by all means request it to clarify anything...but there has to be an underlining dispute as to why you owe the money...if you owe the money....why did you not pay it back?

So a response ( defence) " they have not responded to my CPR 31.14 " is not a defence.(Unless its a case of mistaken identity)

 

They are not even compelled to respond ...its a civil request.....they must comply further down the route at Standard Disclosure...so that happens later in the process.

 

Anyone issuing a claim in their name owns the debt.....that's the law.If your dispute is unfair charges...disproportionate..... then challenge them...if your dispute is their attitude and behaviour during payment difficulties..... then argue its Unfair Relationship (CCA2006)...If they promised a payment plan and then litigated..argue broken promissory estoppal.

 

It has to be something tangible ...with merit.....not " they have not replied to my CPR request "

 

Regards

 

Andy

[DARCYS]

Thanks for this, Andy - lots for me to think about here. I'll try not to 'overthink' which I do a lot! When you break things down for me it all seems clearer so thank you so much.

 

I think I need to take time to try and get the appropriate facts down on paper so I'll have some notes to refer to during the mediation. I know I'll trip over my tongue because I'll be very nervous which is a devil.

But I feel calmer knowing I can come here and ask my dumb questions first...I think about if I hadn't found CAG and Andy and Citizen and everyone else who has given me help and advice. It doesn't bear thinking about.

Thank you everyone. And if you want to give me any further suggestions, please don't hesitate - all are appreciated.

 

Kind regards

D

[citizenB]

yes, it is a very good idea to have a crib sheet with some notes handy.

[DARCYS]

Thanks, Citizen. I was hoping Mr. Hat might look in too as he took these same people on beautifully. I need to check his thread...

 

Appointment made for beginning of July for telephone mediation - yikes! The bonus is they won't see my red face.

Any advice?

 

Kind regards

D

[citizenB]

I have never been involved in mediation so, no advice from me. Andy has pretty much told you what to expect.

 

It is the oppositions claim, so they should go first and perhaps advise what they are prepared to compromise on. You have all your reasons why you believe they are not entitled or what might trip them up in court.. things that you can use to bargain down or out of this muddle.

 

Meanwhile, I will have a look and see if I cant find someone who has actually been through this process for you.

[DARCYS]

Bless you, Citizen - thank you.

I tried to dig some up but the ones I found weren't very similar to my case.

Kind regards

D

[MrHat]

I wasn't involved in mediation but I did tick that on my AQ. The other side didn't bother filling theirs out I suspect due to the fact they didn't want to defend my counterclaim. That's just a guess though.

 

The only thing I would say is that you should have it clear in your mind why you are fighting this and why their claim is an unjust one. I truly believed that I did not owe them a penny and that belief meant my arguments flowed naturally. I guess what I am saying is dont get bogged down with technicalities, instead focus on the downright unfairness of the relationship I.e. the unfair charges.

 

Just opinion.

 

Listen to andy and the others who have more experience than just one case.

 

All the best

[DARCYS]

Hi Mr. Hat - thanks very much for dropping in & giving me your perspective. It really helps.

 

I didn't put in a counterclaim at the time of submitting my defence, but I have a figure for the charges and this will be a focus for me at mediation. I think keeping it simple is key too - which is not a strength of mine.

Andy's advice has been great for keeping me 'on track' with my notes, and I'm trying to stay positive.

 

Many thanks again.

Kind regards

D