Adidas/DWF Claimform - Supposed Non-Return of Refunded Items.

[Andyorch]

Welcome to the forum.

 

If you would read the following link and then complete and copy paste your responses back here so we have all the details of the claim. Some of the Q,s wont be applicable to your type of claim but just complete as N/A.

 

Also, a copy of your defence submitted would be helpful.

 

Andy

 

 

 

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[Andyorch]

I wouldn't worry too much about your defence not conforming to our standard defence your claim is different to say a credit card or loan type of claim there really isn't a right or wrong response...you have put them to strict proof to disclose otherwise, you have proof of what was credited what was returned.

 

It's now for the claimant to prove otherwise and will be very difficult that goods were not returned more of a case of not received which will involve third parties which is not your problem.

 

Await allocation now if they wish to proceed and if so, we can sharpen your defence into an effective witness statement.

 

Andy.

 

 

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[Andyorch]

Fine so now you are waiting for the claim to move to allocation to your local county court and will receive notice by way of the N149 a and submit a directions questionnaire...comeback when you get this form.

[Andyorch]

24 minutes ago, Nongki said:

Is there a timescale for receiving N149 ?

 

Depends if/when the claimant informs the court they wish to proceed.

[Andyorch]

Yes the claimant has 33 days in total to consider a defence and decide if they wish to move to allocation (submitting DQ,s)

[Andyorch]

No .....the last entry in the status would be Defence filed.

 

If they wish to proceed the last entry would be DQ sent to Claimant/Defendant date xxxxx

 

 

 

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[Andyorch]

Its 28 + 5 for service (33) same as for you to submit your defence. You submitted your defence early.

 

Date of issue –  24th January 2023 

Defence due =  25th Feb (Sat) 33 days + 33  = Wed 29th Mar

[Andyorch]

It can be served on receipt but the CPR dictates the period allowed  

[Andyorch]

Quote

I will work on end of March as being deadline

 

You have no other option that's the date and the answer to your post 

[Andyorch]

Claim is proceeding...

 

 

[Andyorch]

Not for the DQ just complete it as per above.....its your option if you wish to refuse medation...the work starts after you submit it once you receive your Notice of Allocation N157 with the courts directions

[Andyorch]

Well given this type of claim you really have not got anything to mediate over and it goes to allocation irrespective as mediation usually fails.

If you do opt for mediation this simply allows a chance for them to settle or you agree a settlement without concession without it proceeding.

 

Its you choice as some defendants cant face proceeding and fighting their corner and would rather mediate.

[Andyorch]

Next they will send you a Notice of Allocation (N157) this will contain the directions and dates of what you have to do next to prepare for the hearing.

 

Andy