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PCM Moorside court claim received (Merged)

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  • ChirpyChicken
    ChirpyChicken Posts: 1,533 Forumite
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    edited 16 July at 11:57AM
    just use the new form, no you will it in, mediation takes 5 minutes when you say zero offer
  • Gr1pr
    Gr1pr Posts: 8,461 Forumite
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    edited 16 July at 11:57AM
    befree16 said:
    Hi All,

    1) However this N180 paper form has no option to decline mediation.  I have read it is on threads from last year it is advisable to download an old copy, but this seems a bit risky - is it still a valid form?

    2) Do all of these cases now go to mediation?  

    3) Secondly, is it still acceptable to send to N180 via email?  

    Would be great to get closure on these questions!

    Thanks
    1) The old form is no longer valid,  compulsory mediation started last year,  no exceptions for newer cases

    Definitely do not download the old one, only the new latest N180 

    2) Yes they do

    3) dedicated email addresses for the stages appeared almost one year ago,  definitely acceptable 
  • befree16
    befree16 Posts: 21 Forumite
    10 Posts
    Hi All,

    back again :)

    I received my N157 letter (Notice of Allocation to the Small Claims Track (Hearing)).  It says I must pay the court fee by a certain date (cannot find anywhere to pay this so I assume I will have to call in tomorrow), and I need to by a slightly later date:

    • Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing.
    My question is, what are these documents?  The witness statement, or the other cases recommended by users on this forum when doing the defence stage?

    Forgive this post, but I have looked on the newbies thread, and I cannot find N157 or Notice of Allocation to the Small Claims Track (Hearing) anywhere.

    This kind of stuff isn't my forte and I would greatly appreciate a nudge in the right direction.

    Also, do the documents need to be sent via post?  Or can they be sent to the court and the claimant via email?

    Thanks!
  • Umkomaas
    Umkomaas Posts: 43,379 Forumite
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    edited 16 July at 11:57AM
    It says I must pay the court fee by a certain date
    No it doesn't!  The CLAIMANT has to pay it. You're not that party!

    The NEWBIES FAQ Announcement, second post (Headed up in Red) explains the process alongside the Template Defence Announcements. Both can be found near the top of the forum thread index, one page back from here. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Gr1pr
    Gr1pr Posts: 8,461 Forumite
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    edited 16 July at 11:57AM
    Presumably this 3rd thread is a continuation of your 2 previous threads, so should be one topic,  one thread, so I will report them for merging 

    https://forums.moneysavingexpert.com/discussion/6574259/pcm-moorside-court-claim-received#latest

    As above,  the claimant pays,  not you , study the 8 steps in the defence template thread 
  • befree16
    befree16 Posts: 21 Forumite
    10 Posts
    edited 16 July at 11:57AM
    Umkomaas said:
    It says I must pay the court fee by a certain date
    No it doesn't!  The CLAIMANT has to pay it. You're not that party!

    The NEWBIES FAQ Announcement, second post (Headed up in Red) explains the process alongside the Template Defence Announcements. Both can be found near the top of the forum thread index, one page back from here. 

    Gr1pr said:
    Presumably this 3rd thread is a continuation of your 2 previous threads, so should be one topic,  one thread, so I will report them for merging 

    https://forums.moneysavingexpert.com/discussion/6574259/pcm-moorside-court-claim-received#latest

    As above,  the claimant pays,  not you , study the 8 steps in the defence template thread 
    Umkomaas, well said.  I didn't spot that.

    Much appreciated for the direction - Having looked at the defence template thread, I am pretty sure I already did this.  The letter I received most recently states the date in which my face to face hearing will be.  As mentioned do I just need to send the court, and the claimant copies of past cases in which the defendant was favoured?

    This is quite confusing, my apologies!

    Good evening guys.
  • Le_Kirk
    Le_Kirk Posts: 24,587 Forumite
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    You must have submitted a defence (some time ago) and presumably gone through the mediation process if you have received a Notice of Allocation.  On that notice (sometimes on page two) is a deadline for submission of witness statement (WS) and evidence.  Your WS is a narrative that backs up and supports, with evidence, what you put in your defence and you write it in your own words in the first person.  This [copies of past cases in which the defendant was favoured] is not what you submit but you base your WS on others that you find by searching the forum and finding those past cases.  You use these cases as examples of style and format but do not just blindly copy & paste; the WS must refer to the facts of your situation.
  • befree16
    befree16 Posts: 21 Forumite
    10 Posts
    Le_Kirk said:
    You must have submitted a defence (some time ago) and presumably gone through the mediation process if you have received a Notice of Allocation.  On that notice (sometimes on page two) is a deadline for submission of witness statement (WS) and evidence.  Your WS is a narrative that backs up and supports, with evidence, what you put in your defence and you write it in your own words in the first person.  This [copies of past cases in which the defendant was favoured] is not what you submit but you base your WS on others that you find by searching the forum and finding those past cases.  You use these cases as examples of style and format but do not just blindly copy & paste; the WS must refer to the facts of your situation.
    Hi,

    yes - I did submit a defence, and I denied any mediation on the phone call.

    So I guess I am on the witness statement stage.  I will get searching then.

    Can I forward these to the claimant and the court via email?

    Thanks
  • Car1980
    Car1980 Posts: 1,475 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Have you had a letter with a court date?

    Your witness statement deadline is related to that.

  • befree16
    befree16 Posts: 21 Forumite
    10 Posts
    edited 16 July at 10:30PM
    Car1980 said:
    Have you had a letter with a court date?

    Your witness statement deadline is related to that.

    Yes, the court date is on a letter I received.

    I have just realised I missed the deadline for I am guessing submitting the witness statement.  Is this now game over for me?  

    "Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than 4pm ... ..."

    I misread the date and had much more pressing stuff on my plate this past few months, aka potentially being made redundant, looking for new work etc.  No excuse but here we are.

    I still do not want to pay the ticket but at this point if I have to, I want to do it in a way so it doesn't affect my credit score.
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