UKPC - County Court Claim - Hearing

Citizen_K

The latest on this is I have received:
“Notice of Allocation to the Small Claims Track (Hearing)
Judge X has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track.

Having considered the papers in your case, the court believes that your case is suitable for mediation. This is a very simple process designed to give you the opportunity to resolve your dispute without having to attend a court hearing. You are therefore encouraged to contact the Small Claims Mediation Service to arrange a mediation appointment.

The mediation service is free.

You are reminded that you must continue to comply with all court directions while you consider or take part in the mediation process, this includes paying the Court hearing fee.

Mediation appointments are conducted by telephone and so do not involve you having to attend court. The mediation appointment is limited to one hour, is confidential and can be done anytime up to ten working days before the final hearing. Further information on mediation is contained in the attached information sheet or can be found at www.gov.uk.

To accept the offer of this service and arrange your mediation appointment both parties should contact HMCTS by telephone on 0300 123 4593 or email at scmreferrals@hmets.gsi.gov.uk within 7 days of receipt of this order.

Please note that if you wish to undertake mediation, you must contact the Small Claims Mediation Service. If both parties confirm they wish to undertake mediation, the Small Claims will contact you to arrange an appointment.”

Is this to be ignored? I don’t see a mention of a mediation offer in the newbie thread. 

KeithP

Citizen_K said:

Is this to be ignored? I don’t see a mention of a mediation offer in the newbie thread. 

but you do see this in the second post of the NEWBIES thread...

The link just below that heading explains, amongst lots of other good stuff, how to tackle that mediation offer.

Citizen_K

KeithP said:

Citizen_K said:

Is this to be ignored? I don’t see a mention of a mediation offer in the newbie thread. 

but you do see this in the second post of the NEWBIES thread...

The link just below that heading explains, amongst lots of other good stuff, how to tackle that mediation offer.

The post only mentions mediation in the N180 where I already put ‘A1 = NO to mediation’.

So I’m assuming I ignore this letter?

Coupon-mad

Ignore it and if they send you an appointment, cancel it.

KeithP

Citizen_K said:

KeithP said:

Citizen_K said:

Is this to be ignored? I don’t see a mention of a mediation offer in the newbie thread. 

but you do see this in the second post of the NEWBIES thread...

The link just below that heading explains, amongst lots of other good stuff, how to tackle that mediation offer.

The post only mentions mediation in the N180 where I already put ‘A1 = NO to mediation’.

So I’m assuming I ignore this letter?

But Bargepole does suggest that mediation is pointless by saying "they want the whole amount, you want to pay them nothing, so no scope for mediation".

Citizen_K

Ok so i messed up here. my last post on 22/11 i mentioned the letter of 'Notice of Allocation to the Small Claims Track (Hearing)'.
the letter mainly talked about the mediation offer, there was a 2nd page but i thought it was a continuation of the mediation terms, further details about this etc. i admittedly didn't check it properly, a very silly mistake.

On review, the 2nd page actually is the hearing details. It says this claim is allocated to the small claims track and the parties are referred to part 27 of the civil procedure... etc
Its actually in Bedford not luton even though the letter head says county court at luton. Its in early Feb!
I have to pay a £27 trial fee.

I didn't really expect it to get to this so I'm more concerned now. Do UKPC think they have a case? They must do otherwise there would have been a discontinuation? 
whats the worst that can happen here?

KeithP

Citizen_K said:

I have to pay a £27 trial fee.

Where does your Notice of Allocation say that?
Please read it again.

Anyway, look again at your Notice of Allocation. The Notice that gives the hearing date.

Is there not a paragraph something like:

Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than [ . . . ] [14 days before the hearing].

Might be on the back.

Those 'documents on which you intend to rely' are your Witness Statement and evidence.

troublemaker22

It absolutely does not say you have to pay any fee.  It does say that the claimant has to pay a £27 hearing fee by a deadline if they want the case to go to trial.  They don't want it to go to trial, they won't pay the hearing fee and you will win without a trial.  The only question is whether they will formally throw in the towel with a notice of discontinuance or just wait for the court to strike out the claim for failing to pay the fee,

The only thing you need to watch out for are things the court orders you to do, and do them before any deadlines.  Paying the hearing fee is not one of them.

Coupon-mad

Citizen_K said:

Ok so i messed up here. my last post on 22/11 i mentioned the letter of 'Notice of Allocation to the Small Claims Track (Hearing)'.
the letter mainly talked about the mediation offer, there was a 2nd page but i thought it was a continuation of the mediation terms, further details about this etc. i admittedly didn't check it properly, a very silly mistake.

On review, the 2nd page actually is the hearing details. It says this claim is allocated to the small claims track and the parties are referred to part 27 of the civil procedure... etc
Its actually in Bedford not luton even though the letter head says county court at luton. Its in early Feb!
I have to pay a £27 trial fee.

I didn't really expect it to get to this so I'm more concerned now. Do UKPC think they have a case? They must do otherwise there would have been a discontinuation? 
whats the worst that can happen here?

The worst that can happen is:

1.  You paying THE CLAIMANT'S fee for them!

2.  ...And not reading the Order properly and missing the vital bit where it says that you (the Defendant) must file & serve your WS and evidence 'bundle' this month

3.  ...And not reading the NEWBIES thread red capitals section headed 'IMPORTANT: KNOW WHAT HAPPENS WHEN' properly and missing the vital bit where it says that you must file & serve a WS and evidence 'bundle'

4.  And not realising that EVERYONE gets a discontinuation from DCB Legal but only after they file and serve a good WS bundle!

Defence was not your only job.

Don't be like this poster (cross your fingers for them...):

https://forums.moneysavingexpert.com/discussion/comment/80503513/#Comment_80503513

Citizen_K

Ah yes, claimant pays the fee not me. Another error on my part. 

I will follow all the advice and work on the WS. Thanks once again all really appreciate it. Think I got a bit worried once I saw that it’s a hearing. 

Will update when I have the WS done.