property moving nightmare on completion day Claim Issued ***Judgment***

[mmoore]

I did requested mediation to resolve the dispute, but one of the defendants declined, the other agreed. 

On the DQ, they stated that "in a telephone conversation, the mediator advised me that mediation was not possible because the claimant had not followed the pre-action protocol".

[BazzaS]

I doubt the mediator would say that : that isn’t their call to make.

Additionally, isn’t the DQ where you state if you are willing to go to mediation?

So, I don’t know why the court service mediator would be involved at the DQ stage?

[Andyorch]

As long as you agreed that's brownie points for you...if they are unwilling to engage, making a rod for their own back as the court will not view that positively and they are on the back foot before allocation.

[mmoore]

The deadline to submit all of my documents and statements is next week. I had assumed that mediation would contact me by now, but I understand that they are likely very busy. Should I try to call them by phone and if so am I now contacting my local court as opposed to the cc business centre?

[Andyorch]

No don't contact them and yes it would be your Local CC.

[mmoore]

I have not yet heard anything about mediation, and the deadline for sending documents to the court and defendants is Friday. I plan to send the documents by registered mail so that they will arrive on Wednesday.

I have noted in my statement that I have agreed to mediation, but was not contacted and I understand that this is likely to be due to the courts being very busy.

[mmoore]

My documents were received by the court and both defendants in good time. Upon reviewing, I noticed an inadvertent error - a misprint of "May" instead of "June" on one of my points. I'm hopeful this minor oversight will not negatively impact the case.

I have also received a statement from one of the defendants, as expected confirms their breach of contract. Interestingly, they seem to attribute the blame to both me and their removals firm, essentially deflecting responsibility They have made several claims are blatantly untrue, even to the point where one of their statements is contradicted by their own evidence. 

Additionally, they have included a copy of an email thread between our solicitors that, in essence, supports my assertion that they tried to avoid action. I hope this'll help to validate my case.

[Andyorch]

The importance of good proof reading...you could submit a supplemental statement citing the error.

[mmoore]

I have received a statement from the other defendant today, hand posted which I presume is late as the deadline was 4:30 on Friday. The statement basically confirms the events that I had documented and ends with the statement

"I believe the Second Defendant is wholly responsible for the delay to vacant possession."

[BazzaS]

Great : because they are both liable if the property was jointly owned, and you are suing them both.

So you get a win against them both, recover the judgment from either (as able), and they can sort out between them who they feel is liable (that isn’t your concern!).

[mmoore]

As the second statement was late, assuming also late at the court as it was even dated the 9th, is it up to the judge to accept the statement or will I have any say? I ask as it is hugely in my favour to accept it.

[BazzaS]

Don’t mention the date.

if it gets to court you can draw the attention of the judge to the fact that you are suing them jointly, and one defendant admits there is liability (even if the are saying “but it was them, not me!”)

[mmoore]

I have received a letter from one of the defendants claiming that all parties need to contact court mediators so that a date can be booked.

My understanding is that a defendant should appoint a 3rd part mediator, with only days to go it feels like it has been left to the last minute and possibly a delay tactic. 

[Andyorch]

Court arranges mediation in Small claims Track nothing to do with the defendant

[mmoore]

Quote

Furthermore, I stated on the N180 Directions questionnaire (small claims track) mediation form 03/2023 that I had not received any evidence in compliance with the Practice Direction - Pre-Action Conduct and Protocols to back up his claim which is why I couldn’t mediate. All parties were included in the email sent to the court with the mediation form.

 

I advised Mrs Claimant on the 07/07/2023 that once I had received the evidence that I would look to mediate.

 

I contacted the mediators on the 19/07/2023 and spoke to Danni who noted on the file that I would like to mediate.

 

As I had not had any further communication, I contacted the court mediators again on the 11/08/2023 and spoke to Jabs. He advised that neither Mrs Claimant  nor Mr co defendant have made contact to mediate and so mediation cannot be initiated.

 

I have been advised that all parties need to contact the court mediators before a date can be booked and I urge the parties if they wish to use this service to do so without delay.

An extract of the letter, I find it difficult to take anything they say without a large pinch of salt.

They are claiming not to have received evidence, specifically a spreadsheet detailing the costs and expenses. In their evidence pack, they include an email from their solicitor which includes said figures. 

As the court date is only days away, 1st sept and with bank holiday and school holidays it will be difficult for me to juggle work commitments at the last minute to attend any mediation. Would the judge see this as unreasonable given they have had months to agree to mediation?

[Andyorch]

The DQ is not intended to add any remarks of the on going claim and disclosure follows allocation not pre allocation. The court arrange mediation providing both parties have opted for mediation on the DQ.

Smoke and mirrors.

[Nicky Boy]

In post 26:

"I did request mediation to resolve the dispute, but one of the defendants declined, the other agreed."

You did everything you could to mediate.

Sounds like Mrs Defendant has created this percieved mediation impasse... Not your problem.

Sadly, they are so busy fighting amongst themselves, they don't realise that they're making your job easier.

[mmoore]

I was in court this morning and the judge ruled in my favor. The interest rate was reduced from 8% to 2% but other than that I have been aware the expenses and costs.

However, the judge also found the 2 defendants 50% responsible each which doesn't seem fair given the discussions in court.

I am confident in public speaking and used to be outgoing, but I still found the court hearing to be daunting and stressful.

I really appreciate having a sounding board to talk to about this, thanks all.

[Nicky Boy]

Congratulations!

Let us know if they cough up.

I don't know what the implications are if only one pays their 50%.

Maybe another member of the team could enlighten me??

Oh and by the way, although everyone here are volunteers, there are still outgoings to keep the site hosted and running.

There's a donate button at the bottom further down the page if you feel we've helped.

I'll put the begging bowl away now

[Andyorch]

Well done topic title amended.

 

Andy

[mmoore]

I did try to donate earlier but PayPal wasn't working, but I will do so as this has been appreciated. Hopefully this can help others in the future. 

One half has paid up already, I don't expect the other to do so before the very last day (28th). 

[Andyorch]

Much appreciated 

[honeybee13]

Well done, I'm pleased you're nearly at the end of this. Please keep us posted on the other payment.

HB