Am I going to be sued ?

[snico]

Someone posted that the mediation was not visible to the courts, if that's the case then this shouldn't make a difference should it goto court. I would have thought that by default all mediation was without prejudice.

That is true, what ever the outcome of mediation, it cannot be used in any court proceedings.

Could you then say with any confidence, that during a court case the actual fact that mediation had occured (whatever the outcome) would not be raised?

Is it not a fact that at present if a judgement is made in court, the settlement is often dependant on what had previously been offered out of court?

Out of court settlement is different than mediation, with out of court settlement, it is done through solicitors. When an agreement is made, the solicitors will put into an order of the court, then it becomes binding.

I'm sure that with mediation, the courts only want to know if any parties refuse to it, sometimes the courts ask for mediation first, even though it is voluntary. When mediation comes to an agreement, both parties contact their solicitors to turn any financial settlement into an order of court.

 

[mkb]

Hi all..me again..still waiting for the follow up phone call from mediation.
Thanks for all the advice...this has been going on now for two and a half years and I've done a lot of research in that time and learnt a lot,..lot of incorrect / dodgy advice given on this..although well meaning.
Last few comments... Joe 90 -WRONG...Ellal - WRONG...Snico - CORRECT
Chapeau - CORRECT ( especially the claimant household insurance..I found out that's what she's done ) RJM2K - CORRECT
Norcon..Asked 2 solicitors about counterclaiming for stress, loss of earnings for time taken writing letters etc., etc., Their reply ' NO chance '
Just to clarify ( talking like an expert now ) Mediation is only possible if both parties agree..in my case solicitors are doing her mediation..it's confidential and no matter what happens all the judge discovers is ' on this occasion mediation has been unsuccessful'
Appreciate ALL comments but if I make my own decision at the end of the day, bearing in mind comments from the board, the buck stops here.
An important point I need to bear in mind is if the judge says 'she's mad asking for £2500...give her £100' I still then have a CCJ against my name ( although I'm researching those too ) Will keep you posted.

 

[rjm2k]

Do your own research but I believe that a CCJ which is satisifed will not be a problem though it may appear on the register (as satisifed).

Everyone has a right to dispute such action, it's upto the court to decide one way or another, as long as you do as the court orders you shouldn't be penalised.

If you win and the judge decides that her action is totally without merit then it may be worth checking if she has done this before and investigating listing her as a vexatious litigant, though I believe it's very difficult to do so. It's also worth noting that if she has lied to her insurance company/legal bods then she could well be in trouble with them, make sure you document everything you can, any, photos/letters/phone calls etc should be provided.

 

[ellal]

mkb..I'll think you'll find that what I said is that "Could you then say with any confidence, that during a court case the actual fact that mediation had occured (whatever the outcome) would not be raised"?

You replied, "it's confidential and no matter what happens all the judge discovers is ' on this occasion mediation has been unsuccessful"

And yet you say I was wrong?...


the thing is mkb, you were so certain you were in the right...

and yet you have now admitted some form of liability...

what happened to..."I think I'll make a stand here on behalf of all decent honest tradesmen who work hard and who sometimes get ripped off by dodgy customers"?

 

[Norcon]

Last few comments... Joe 90 -WRONG...Ellal - WRONG...Snico - CORRECT
Chapeau - CORRECT ( especially the claimant household insurance..I found out that's what she's done ) RJM2K - CORRECT

Correct or not you still backed down. They had you on the run and they knew it.

 

[chapeau]

If the judgement goes against you and you pay within 30 days you get it taken off the register and it won't show on your credit report.

Now their solicitors have spoken with you they'll have a good idea of what sort of witness you will make and will be deciding how to play it next.

 

[Norcon]

Now their solicitors

How many solicitors does she have? A team?

If mkb has to pay her a few grand then surely it will cost that and more to pay her solicitors?
End result she gains nothing?

If someone took me to the cleaners like this I'd go back at some stage and burn their house down or drive a bulldozer through it.
Try decorating or doing the snag list after that.

 

[chapeau]

As confirmed by the OP only a few posts ago, her solicitors are being paid for using a claim on her house insurance policy. Every policy I've seen has it, costs an extra £25 or something for £50 k of legal cover. IMO well worth taking out if you are an employee as it covers disputes with your employer if they want to get rid of you.

 

[jeds]

Of course the judge will know you made an offer during mediation. She is claiming from you - not you from her. The whole point of mediation is that you would pay the claimant part of what she is claiming in order to settle the matter. If you weren't prepared to make any offer then why go to mediation? There would be no point. So the very act of going to mediation indicates that you were prepared to make such an offer. In my opinion agreeing to mediation has weakened your position. If you did everything honestly and with reasonable care and attention and she is an unreasonable nutter you should have stuck to your guns.

Having said that you should discuss with your solicitor about entering an offer to court prior to the case. Such an offer is a tactical move. If the judge makes an award against you for less than the amount you offered then she will have to pay her own costs. (She may even have to pay your costs but I'm not certain on that point) Judges are very strict on people wasting court time. The judge will not be pleased if she could have accepted a reasonable offer to end the matter.

 

[mkb]

Ellal, apologies, I mis read your comment. I know I also said about going to court and standing up to dodgy customers etc., but as people may know the law is an ass..sometimes it's no good cutting off your nose to spite your face ..and sometimes you have to cut your losses..there's three proverbs one after the other !!
RJM2 Have asked a couple of solicitors ( don't forget I'm representing myself as it's too expensive to employ a lawyer in this case...according to two I spoke to. ) if there's any kind of register to see if she's done it before they thought not so whats a 'vexacious litigant ?'
Chapeau..I believe that's correct about the thirty days, however her solicitors haven't spoken to me...it's indirectly through a man from mediation.
Norcon...bulldozer ? have you got one.?..do you rent it out ?
Jeds...not sure about offers before court etc., in this case..not sure it applies mate.

 

[securespark]

A vexatious litigant is a person who has been forbidden by a High Court Judge to issue civil proceedings in any court in England and Wales without permission.

 

[Norcon]

This woman has all the hallmarks of someone on a vindictive mission.
I'd never dream of claiming on the house insurance to pay solicitors. The depths some people will sink too.
Didn't even know you could do that.

 

[jeds]

Here's the list. Up to date as of 30 November 2012.

http://www.justice.gov.uk/courts/vexatious-litigants

 

[Norcon]

Not a lot of people on there.
Imagine having that lot as neighbours.

 

[rjm2k]

She won't be on that list the court would have refused her if she was, I suggested looking into getting her on it if the case and her history are fitting but its very difficult to do so.