Excel PNC v Xircom

Castle

Xircom wrote: »

Had Telephone Mediation today, they tried to bully me, saying that I don't have a case and that they want me to make an offer, I refused and said what do they want they replied back with £125.00 to close the case, the initial bill stands at £185.00.

That's not an offer as all they have done is to remove the "fake £60 charge".

beamerguy

Xircom wrote: »

Had Telephone Mediation today, they tried to bully me, saying that I don't have a case and that they want me to make an offer, I refused and said what do they want they replied back with £125.00 to close the case, the initial bill stands at £185.00 so I went back with 50% of the original invoice/fine which was £100.00 reduced to £60.00 if paid within 28 days, so my offer was £50.00 they turned it down and that was the end of the telephone call. So it now looks like were off to court at some point in time.

I don't understand, you were told NO to mediation as it's a waste of time. ????

You now storm ahead with Abuse Of Process and they may well regret not accepting your £50 because when you win, you can claim your costs against them.

Have the read the abuse of process thread and the defence written by coupon-mad in post #14 ???

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

The_Deep

Mediation is useless where there is no common ground. The scammer is unlikely to accept less than half of what they are asking, and the motorist is likely, not only to have the claim dismissed, but also their costs allowed.

Unfortunately, in these days when technology is supplanting human common sense and pragmatism, there is very little choice but to jump through a series of nonsensical hoops to arrive at a conclusion.

Coupon-mad

I think this OP went into it knowing it was pointless!

We all know what comes next, as it's spelt out by bargepole in the NEWBIES thread in the thread about Court Procedures.

Xircom

So the Court have sent a letter outlining a court hearing date "in my home town" 4 Feb 2020 @ 10:30am it also say's "that unless the claimant (Excel) does by 4:00pm on the 7 Jan 2020 pay to the court a trial fee £25.00 or file a properly completed application" the case will be struck off.

OK so they "Excel" sent a letter 2 days later saying that "they have a strong case" and I should accept the offer of reduced payment £125.00 which was discussed in the mediation. and if I don't accept I should bring this letter to the court. Well as per the mediation discussion I don't accept and I also made them an offer "I would pay 50% of the initial fine" they did not accept that.

so it look like it going to be a court date. I like to ask if someone can point me to the newbies section on "Abuse of Power" as that part will need to be applied "I not mentioned or used it yet" thought I could use that as a counter attack.

As always your comment appreciated.

Umkomaas

so it look like it going to be a court date. I like to ask if someone can point me to the newbies section on "Abuse of Power" as that part will need to be applied "I not mentioned or used it yet" thought I could use that as a counter attack.

It's a separate thread and is about 10 threads below yours on the front page of the forum right now. But note, it's 'Abuse of Process', not 'Power'.

You can't just rock up at court and throw it into the pot there. The court and claimant must be made aware that you will use it - the vehicle for that is via your Witness Statement - have you been given a date by when to submit your WS?

Fruitcake

It looks like they are panicking.

"Please give us some money Mr Scrooge. We've got our chrymble party in the Bahamas to pay for, and the executive's yacht's mooring fees will be horrendous. We're only asking for twenty five quid more than we originally asked for, boo hoo."

Stay strong, follow the advice on here.

Xircom

No date for WS but in Section 3 on the letter is say "All Parties shall File with the court and Serve on other parties copies of all documents upon which they intend to rely no later than 14 days before the hearing"

Now I already send in my defence statements, so I see this as additional defence which I would submit with all other documents already submitted.

Redx

Xircom wrote: »

No date for WS but in Section 3 on the letter is say "All Parties shall File with the court and Serve on other parties copies of all documents upon which they intend to rely no later than 14 days before the hearing"

Now I already send in my defence statements, so I see this as additional defence which I would submit with all other documents already submitted.

Not true at all

Your WS (not additional defence) plus exhibits (evidence) plus costs schedule need to be in 14 or more days prior to the hearing date , so subtract 14 days from the hearing date and your deadline becomes around the 21st January 2020 , that morphs into the last date for your bundle

So you have about 4 weeks to get these done and submitted to the court and to the claimant , so 3 bundles including your own

You cannot file an additional defence , so you need a good WS and exhibits to back it up , including an exhibit of post #14 in the abuse of process thread , sections of the CRA 2015 and your costs schedule as an additional exhibit

Umkomaas

Xircom wrote: »

No date for WS but in Section 3 on the letter is say "All Parties shall File with the court and Serve on other parties copies of all documents upon which they intend to rely no later than 14 days before the hearing"

So the date for submission of your Witness Statement to the court and claimant is 21 January 2020 at the latest.

Xircom wrote: »

Now I already send in my defence statements, so I see this as additional defence which I would submit with all other documents already submitted.

You need to be working on your Witness Statement, which is not a regurgitation of your Defence. Please read the NEWBIES FAQ sticky, post #2 for advice on constructing your main WS. The Abuse of Process submission should be attached as a Supplementary WS - see beamerguy's Abuse of Process thread, post #14, for the wording to use, as written by Coupon-mad.