Lowell/BW Court Claim old vanquis 'debt' **STRUCK OUT**

[Andyorch]

Its mediation that you opted for on your Directions Questionnaire ...you can enter into mediation anytime up until till 10 working days before trial date.

[The_Debt_Man]

What do you guys think I should do ?

[Andyorch]

You are expected to participate...wont look good on you if you refuse.

[Alloyz1]

Specific attention is being paid by courts to timescales in orders; and the use of Alternative Dispute Resolution (ADR) such as mediation. Practice Direction- Pre-Action Conduct section 1.2(2) and section 8 asks participants to consider ADR methods before going down a more formal route, and the Civil Procedure Rules (CPR) part 1.4(e) asks parties to explore the suitability to mediate. If a mediation offer is not considered or explored, refused or ignored, this is now being seen as unreasonable failure to comply with a rule, practice direction or order.

 

Recently ignoring a request to mediate (i.e. not responding one way or another) was seen as ‘an unreasonable refusal’ to mediate and incurred costs implications for the offending party (PGF ii SA – v – OMFS Company Limited [2013] EWCA CIV 1288 2nd October Court of Appeal.) Sanctions can be anything, at the judges behest.

 

It is something you really must do to stay on the right side of the judge and prevent the opposing party using refusal against you.

[The_Debt_Man]

I've just received this “general form of judgment or order” letter today:

 

 

Does anyone know what what it is and what i need to do?

 

From reading it there seems to be 4 options but I'm really confused

[Ganymede]

There are no 4 "options". The Court has made it's orders.

 

Your claim is on hold, or "stayed", whilst you undergo the mediation process.

 

Unless either party asks for the stay to be lifted within 3 months the claim and counter claim will be struck out.

[The_Debt_Man]

There are no 4 "options". The Court has made it's orders.

 

 

 

Thanks for the reply

 

 

I told you I was confused....hehehe

 

 

So do I now need to call up the mediation number ?

 

 

And if so do I just tell them that I want Lowell to prove that I owe the debt ?

[The_Debt_Man]

??

[Andyorch]

Yes you have to arrange a mediation teleconference...

 

Read the following it will give you an insight on what and how to conduct ADR (mediation)

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?433406-Alternative-Dispute-Resolution-(Mediation)

[Alloyz1]

If you let me know a couple of days before the mediation I will have a look over your thread and give you a few pointers that may help