Received court papers! Advice please.

beamerguy

Batman84 wrote: »

UPDATE:


So now we have received a notice from the small claims court asking if we would be willing to use the small claims mediation service to negotiate a resolution.


What are the forums thoughts on this?


Thanks.

SIMPLE ANSWER = NO NO NO

This normally happens when the claimant does not
want to go to court in fear of losing, at least mediation
is a 50/50 .... no guarantee for you

Chances are high they will discontinue but before then,
they try to mug you offering a "special" price

NO TO MEDIATION

Batman84

Thanks beamer. Suspected as much

Batman84

update:


We have now received court papers to information of any witnesses. Looking quite likely this will be going to court I guess.


Where do we stand on requesting for the date to be put back as we are expecting a new baby imminently.


thanks.

System

What are the forums thoughts on this?

I'll read the Newbie's thread which covers this issue and come back to you on it.

KeithP

Batman84 wrote: »

update:


We have now received court papers to information of any witnesses. Looking quite likely this will be going to court I guess.


Where do we stand on requesting for the date to be put back as we are expecting a new baby imminently.


thanks.

Doesn't the 'court papers' give you an opportunity to state your dates of non-availability?

I put that as a question because you have not told us what 'court papers' you have received.

Whatever 'court papers' you have received, there is comprehensive guidance on how deal with each question asked in post #2 of the NEWBIES FAQ sticky thread.

Batman84

update.


so we are now heading to court in November. Great stuff!

Coupon-mad

Batman84 wrote: »

Where do we stand on requesting for the date to be put back as we are expecting a new baby imminently.

update.

so we are now heading to court in November. Great stuff!

OK, so when do you have to serve & file your WS and evidence by?

Do not miss that vital stage due to a new little one in the family!

Batman84

hi coupon,


ws and evidence already sent, the initial response I sent was quite in depth so it wasnt very different from that.



weve received their witness statement today, from a paralegal arguing their case. Their isn't anything unexpected in it, they are authorised to issue pcns etc, car overstayed, breach of contract etc. They do counterchallenge that all their charges are wholly reasonable... people get fined less for committing actual crimes!

System

Could we see the contract?

Are the signs they say were there the ones that were there

Is the layout they claim for the signs correct / true.

You are dealing with a template. The rep they send will speak to a script. You just have to be able to derail them from the script and introduce doubt as a judge has to be certain of the Claimant's position.

Find a lie or two.

from a paralegal arguing their case

This is called hearsay as it was written by a person that does not have personal knowledge of the facts nor works for the Claimant. It is simply an interpretation of the paperwork [template] as seen by them. So pic holes as mentioned above.

nosferatu1001

Im concerned that you said you sent in a WS not much different from your efence - but a WS is all about *facts*, not arguments.