Lowell & Cohen Cramer - Directions Questionnaire Received

petesomething wrote:Hi andyb93

I  would say no to mediation because its shows you are willing to compromise but the courts do like it , but it is up to you.

When i was in court once the judge told me and their solicitor to use mediation , i said no , the agreement was not a true copy, next time in court i won  ,,,,but why did the judge say go to mediation when he knew it was not a true copy.

Ausk wrote:

petesomething wrote:Hi andyb93

I  would say no to mediation because its shows you are willing to compromise but the courts do like it , but it is up to you.

When i was in court once the judge told me and their solicitor to use mediation , i said no , the agreement was not a true copy, next time in court i won  ,,,,but why did the judge say go to mediation when he knew it was not a true copy.

Because he was scared you would appeal to a higher court because she/he knew that you knew your stuff and your case.

Magistrates and judges don't like having their decisions appealed by small time insignificant nobodies like you, me and the rest of us; knowing there's a reasonable chance they might be successful.

He knew you could have appealed on the basis on that she/he erred in law and that it she/his decision to let the other mob off could be found to be a miscarriage of justice.

Suggest that everyone who wins in court get a copy of the courts decision so they can refer to their own case again at the next battle another day. Mags and juddies dont like people who come preared and are able to quote previous decisons and the courts reasons for them, in their court because again, it puts pressure on them to be fair in their judgements.

andyb93 wrote:Hi guys, it's been a while but things have taken a real turn for me..
My partner was rushed into hospital, she is pregnant and we feared the worst but turns out it was actually a miracle, we are having twins!
It's come as a massive surprise to all the family but unfortunately it has affected her badly and she has been in and out of hospital since for tests and checks.
Now obviously I've let things slip regarding this lowell case and haven't even returned the N180! In a panic yesterday my partner told me to just phone lowell and try to settle this out of court as she can't cope with the stress on top of everything else. Foolish i know but i am really worried so i agreed and made the call. The lady told me that the case is now with cohen cramer and my only option now is to go to mediation and get a tomlin order.
I am not clued up on these procedures, but i think i may have shot myself in the foot!
Any help much appreciated guys, the deadline for the N180 to be returned is the 26/09!!

Andy

andyb93 wrote:Thank you Tiggy
I am really angry with myself to be honest, i should have kept on top of things but it has been hectic as you can imagine!
The N180 is in going in the post today so i need to come up with a plan soon, after some googling i don't like the sound of these Tomlin orders and they sound like a rarity anyway. Do you think i should avoid the Tomlin and try to discuss the options of a payment plan instead?
I was originally going to say no to mediation, but then i thought about saying yes and when they called i was going to say 'I would be willing to come to an agreement IF they can provide what i have asked for' Not sure if that would be wise though..

Andy