County court claim for goods not received 3 April 2019 at 2:03AM edited 3 April 2019 at 7:43AM in Consumer Rights 58 replies 2.8K views

waamo

Rachfarn1 wrote: »

She went through the defence and what needed to be written but couldnt say how it would go, she stated that it would all depend if the judge agreed with the evidence of cancellation but as he has no cancellation policy it was at his discretion to accept and clearly he doesnt. bespoke items dont carry distance selling rules so even though items were purchased and not seen it doesnt count.
The photographer has been very aggressive since he started this in January so we will not be talking to him directly.

Thanks. It seems the solicitor pretty much repeated what we have said.

If you agree to mediation via the court it goes through a third party. The court appoints a mediator so you don't have to speak directly to the photographer at all. In fact you won't be able to through court mediation.

Rachfarn1

Im not sure how mediation will be relevant, stepchange has every bit of our spare money from now on. only option would be to add the £1000 he is asking for onto the DMP. stepchange will liase with him as another creditor.
We have answered the court saying we wish to defend, can we change that? we are looking at getting defaults now which will be on file for 6 years so may as well take the ccj as well now

Manxman_in_exile

Rachfarn1 wrote: »

Im not sure how mediation will be relevant, stepchange has every bit of our spare money from now on. only option would be to add the £1000 he is asking for onto the DMP. stepchange will liase with him as another creditor.
We have answered the court saying we wish to defend, can we change that? we are looking at getting defaults now which will be on file for 6 years so may as well take the ccj as well now

It will be relevant in an attempt to get the photographer to reduce his claim or drop it altogether. If you don't try you won't find out.

waamo

Rachfarn1 wrote: »

Im not sure how mediation will be relevant, stepchange has every bit of our spare money from now on. only option would be to add the £1000 he is asking for onto the DMP. stepchange will liase with him as another creditor.
We have answered the court saying we wish to defend, can we change that? we are looking at getting defaults now which will be on file for 6 years so may as well take the ccj as well now

You can write to the court saying you no longer wish to defend it and admit liability. They usually accept that.

Personally I would attempt mediation. You have nothing to lose and it's free.

Rachfarn1

I cant see him dropping it, i think this whole thing came about due to him having a strop when I told him to stop ringing me in work.
In order to do mediation i still need to write the defence to the court?

waamo

Rachfarn1 wrote: »

I cant see him dropping it, i think this whole thing came about due to him having a strop when I told him to stop ringing me in work.
In order to do mediation i still need to write the defence to the court?

Yes but if mediation works the case ends. If it doesn't work you can write to the court at any point saying you no longer wish to contest it. Or just tell the mediator and see if you can come to some sort of arrangement to pay. The cost to you will remain the same as long as he doesn't pay a hearing fees

Rachfarn1

ill get the defence written, can i send an identical document for my husbands defence as its both our names on it?

waamo

Rachfarn1 wrote: »

ill get the defence written, can i send an identical document for my husbands defence as its both our names on it?

Yes as long as it's clear two defences are going in, yours and your husbands. The facts of the case are identical so the defence will, by default, be identical.