Help with Defence against DCB Legal - confused about the template

mamqa

Can someone please specifically link the 12 steps and the real newbies one independently? I'm down a rabbit hole on the MSE Forum atm. 

Gr1pr

The 12 steps are in the first few posts in the defence template thread by coupon mad, in announcements 

Coupon-mad

They are both pinned Announcement threads at the top, two clicks away from any page. See my signature.

We dislike providing links because that way you never learn how easy the forum is to hop around & where your resource page sits.

There's no rabbit hole once you spot the breadcrumb trail back to page one. I have the words below in my signature to stop people finding the forum hard to navigate.

It's like closing a book and re-reading the introduction.

mamqa

I've re-read the 12 steps and Newbies thread.

The step I'm still confused about is step 9. "YOU MUST GIVE THE MEDIATOR 5 MINUTES OF YOUR TIME TO AVOID ADVERSE COSTS RISK -  see here:  https://forums.moneysavingexpert.com/discussion/comment/80935749/#Comment_80935749   And search the forum for Compulsory Mediation waste good day."

Is this what the letter I posted a couple of days is about? Do I contact the Small Claims Mediation Service and accept their mediation service?

Reason for confusion is the order things have played out. That step sits between waiting for the defence questionnaire and sending it back via email. That was ages ago. In my case there was no "compulsory" telephone mediation step as mentioned there would be in 2024 cases.

Obviously I haven't been given a hearing date yet (letter on page 2 mentioned I'll get it later) so I've thought nothing else to do other than wait for that and then prepare a witness statement.

Gr1pr

Step 9 is after the DQ N180 questionnaire, which you did a long time ago, probably before the end of may so in your case I think that mediation is available if both of you agree to it, but not mandatory 

So if its voluntary and neither of you agree or have agreed to mediation, then its start preparing your WS bundle and submit it to both parties before the deadline date as mentioned on the court order , same as was the case prior to may 23rd 2024 which is when the mandatory mediation kicked in 

The deadline for the WS stage is usually in the court order, or date of hearing order, but its never too early to get it drafted, too many people wait until the last minute, or later, and panic , that court order mentions no later than 14 days before the hearing date, which will be sent later 

Ps, you keep redacting dates, which doesn't help 

That court order gives you 7 days to decide on mediation or not, from receipt, so if it's dated more than say 10 or 14 days ago, its probably too late to contact mediation anyway 

Castle

Gr1pr said:

Step 9 is after the DQ N180 questionnaire, which you did a long time ago, probably before the end of may so in your case I think that mediation is available if both of you agree to it, but not mandatory 

So if its voluntary and neither of you agree or have agreed to mediation, then its start preparing your WS bundle and submit it to both parties before the deadline date as mentioned on the court order , same as was the case prior to may 23rd 2024 which is when the mandatory mediation kicked in 

The deadline for the WS stage is usually in the court order, or date of hearing order, but its never too early to get it drafted, too many people wait until the last minute, or later, and panic 

The claim was issued on 4th June 2024 as per the OP's post on 19th June and judging from para 8 of the Allocation order, which refers to "a claim for hire of a replacement vehicle", this looks like a "copy and paste" by the court which has gone wrong.

Gr1pr

Then perhaps they should be contacting the mediation service within the 7 days timescale. ? Step 9

But that court paperwork does not match the typical mandatory mediation paperwork I have seen on here recently and the OP mentioned that there was no mandatory mediation step, so I took them at their word , but if in doubt, do it anyway, even if it's a 5 minute £0 mediation phone call

Any confusion is caused by the changes in the Justice system, not the advice 

The OP should know which N180 they filled in, the old one or the new one 

mamqa

Gr1pr said:

Then perhaps they should be contacting the mediation service within the 7 days timescale. ? Step 9

But that court paperwork does not match the typical mandatory mediation paperwork I have seen on here recently and the OP mentioned that there was no mandatory mediation step, so I took them at their word , but if in doubt, do it anyway, even if it's a 5 minute £0 mediation phone call

Any confusion is caused by the changes in the Justice system, not the advice 

The OP should know which N180 they filled in, the old one or the new one 

I filled in the old N180 found from the wayback machine based on advice on this forum because it contained certain fields that are no longer in the new one. But the courts accepted it. 

Coupon-mad

Just sit and wait for the next directions. While you wait please read a good half dozen threads with Witness Statements and evidence being discussed right now.

No link. You just read threads to find them.

mamqa

DCB Legal called me trying to settle. Offered £0 and told them I'm not interested in discussing the case at all.

By way of update, received the hearing trial date letter. Nothing to action. Waiting on witness statement instructions letter.