ECP DCB Legal court claim then discontinuation.

soba

KeithP said:

soba said:
Its coming up to 6 weeks since we filed the defence, I was getting worried that we had missed the form on the basis that DCB Legal had filled out theirs.

But you haven't abandoned that checklist, have you?

Item 7 on that checklist clearly states... 

7. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire and the usual intimidating template letter saying they 'intend to proceed'. Nothing of interest there. Just file it.  YOU MAY HAVE TO WAIT TWO MONTHS OR SO FOR THE NEXT STEP TO HAPPEN:

Items 8, 9 and 10 on that list are also well worth another read.

Thank you for your help with this.
I couldn't just find that checklist, just the one from Bargepole.
I have re read it all to familiarise myself with it again.
I don't have an awful lot of time to deal with this kind of stuff at the moment as I have lots of other things going on at the moment as do others I imagine.
Thank you all for your time with these farcical claims.


 

soba

Hello again.
I have received our N180 form by post and am just filling it out to return via email as directed in the Newbies thread.
My son will be living in temporary accomodation in Inverness Scotland when the court appearance may happen.
His home address is in Stoke on Trent Staffordshire (family home). 
In section F, Hearing venue, in the N180 form, can I actually put Inverness as preferred location or does it have to be Stoke on Trent?
My son currently has a temporay address in Scotland for about 3 months or so then will be living in his campervan and travelling and working in Scotland. It's a bit chaotic I know but it's what he loves to do.

Thanks
SOBA

soba

I have put Inverness as prefered court.

Coupon-mad

I don't think he should give an Inverness address that is so unreliable as to possibly cause him to miss a vital court letter & deadline.  Very likely he'd get a CCJ.

Leave it all coming to your address.

soba

Coupon-mad said:

I don't think he should give an Inverness address that is so unreliable as to possibly cause time to miss a vital court letter & deadline.  Very likely he'd get a CCJ.

Leave it all coming to your address.

I thought the same. I am keeping on top of things as they arrive here. There are more than this one I am dealing with!!

Thanks
Soba

soba

A quick update! 

We have recieved a telephone mediation appointment for 3rd January. My son and his mobile number is due to get the call, I quote:

"Claim number: **********

Parties: EURO CAR PARKS LIMITED v ************

Your telephone mediation appointment

Appointment date: 03/01/2025

Appointment time slot: 09:30 to 12:30

Your confidential telephone mediation appointment has been booked for the above date and time slot. This means that the mediator will call you between the times shown. Your appointment will last for around one hour from the point at which the mediator calls.

The mediator will call both parties separately – you will not talk directly to the other side. They will try to help you both come to an agreement before the case goes to court.

Where your mediation appointment is mandatory, If you do not attend the appointment, the judge will take this into consideration at any court hearing and may issue a penalty. This could include the judge automatically ruling in the other party’s favour or ordering you to pay for some or all the other party’s costs.

Preparing for your appointment

You must make sure you have provided us with, or confirmed, the name and number of the person who will be conducting the mediation appointment. If you have not done this, or need to update your telephone number, you should contact us using the details at the end of this letter no less than 5 working days before your mediation appointment. Failure to do so may result in your mediation appointment not taking place and may result in a Judge issuing a penalty where the mediation was mandatory.

The mediator will call from a withheld number. Make sure that withheld numbers are not blocked on your phone.

Be ready to receive a call from the mediator from the beginning of your time slot. The mediator will call the telephone number you provided in your application.

If the mediator cannot contact you within 10 minutes of the appointment start, the appointment will be cancelled and you may, where mediation is mandatory, face a penalty for non-attendance.

Rebooking your appointment

If you need to rebook your appointment, you must have a good reason. The administration team will only consider rebooking in exceptional circumstances, such as an accident or a family bereavement. You must let us know as soon as possible.

Nominating a different representative

If you want someone else to represent you at mediation (like a trusted friend, relative or a solicitor) you must contact the mediation team

If you want to choose someone to attend your mediation appointment on your behalf who is not a part of the claim or is not a legal representative, you will also need to complete a delegated authority form. You can find out more about this on GOV.UK.

Your representative must know the facts of the case, understand how far you’re willing to compromise and have full authority to act on your behalf. You’re legally bound to any settlement agreements your representative makes on your behalf.

What happens in your mediation appointment?

Introduction from the mediator

The mediator will introduce themselves and check that you have read and understood the mediation process.

Explaining your position

You will need to briefly explain your claim or defence to the mediator. You should prepare for yourself a brief summary of the main points.

Negotiating options 

You’re attending mediation with a view to settling your case. This means negotiating to overcome disputed issues. The mediator is neutral and helps each party to explore options and discuss risks. Mediation works when you’re willing to listen to what the other party has to say, negotiate and agree a settlement.

Building agreement

Settlement can be in many different forms, for example, payment, goods or work. Both parties must agree on the outcome and feel they have reached an acceptable resolution.

Reaching a settlement

The mediator will read the terms of the settlement and confirm agreement with each party. Once agreed, the settlement is legally binding and cannot be changed. A copy of the mediation settlement is sent to both parties and placed on the court file.

Confidentiality

All mediation appointments are confidential. An agreed settlement includes a standard confidentiality clause.

Ending the mediation process

The mediator can end the mediation if, at any time:

• either party breaches the terms on which they agreed to mediation
• there is no prospect that the mediation will end in settlement
• the mediator deems it inappropriate to continue in the case that one or both parties are vulnerable users
• either party asks to end mediation

Find out more about Small Claims Mediation by watching our video HERE. Find out more in the guide to the Small Claims Mediation Service on GOV.UK.

Small Claims Mediation Service contact details

If you have any complaints or issues to raise about the Mediation Service, contact us by email or telephone:

Email:  scmreferrals@justice.gov.uk

Telephone: 0300 123 4593

Monday to Friday, 9am to 5pm

We record our calls for monitoring and training as it helps improve the service we deliver. If you want to know more about how we handle your personal data, visit https://www.gov.uk/government/collections/your-data-and-how-we-use-it

If you want to make a complaint by email, clearly title your message as ‘complaint’ in the subject field. "

I am spending Christmas with my son so we will have a quick run through what to say during the call and what to not say during the call.

He is currently getting automated phone calls from DCBL that I have told him to ignore!

Thanks Soba

Car1980

You should be able to drill it down to two sentences:

"I am of the position I owe the claimant absolutely nothing, therefore my final offer is zero pounds and I look forward to seeing them at the court hearing".

"I refer you to my previous statement and feel we should now end this call. Thankyou and goodbye."

soba

Update!
The mediation call came and went and lasted for about 30seconds I'm told.

The papers from the court arrived a few days later to say that the claim has been transferred to Stoke on Trent County court even though it was stated that the preferred court was Inverness (where my son is working and living in his campervan)
We received an email from DCBL on 15th offering an early settlement, I quote

Dear **********,

DCB Legal Ref: ********

WITHOUT PREJUDICE

We write to you in relation to the above matter.

To assist the Court in achieving its overriding objective, our Client may be prepared to settle this case. I can confirm our Client would be agreeable to £250.00 in full and final settlement of this Claim. The current outstanding balance is £516.10.

Should you be agreeable to this offer, please confirm the same within seven days. Payment can be made via our website www.dcblegal.co.uk/response/pay-online/, by calling our office on 0203 838 7038 or via bank transfer using the details below:

DCB Legal Ltd Client Account

Sort Code: 20-24-09

Account no: 60964441

When making payment please ensure you include the following reference number, 120673.1880D, to enable us to allocate it to the correct case.

Upon receipt of the settlement sum of £250.00 we will update the Court that the matter has been settled. If you are not agreeable, we will continue to follow the Court process as normal.

 

Kind Regards,

Legal Collections Team

DCB Legal Ltd"

We ignored it!!

Today we received another email much the same but for a £200 settlement.

Then the court date papers landed on our door mat in Stoke on Trent (my sons registered address) with a date for 27th February.

It looks like It's witness statement time!!

Thanks

SOBA

Coupon-mad

I bet they didn't offer £200 at Mediation. IMHO they are abusing the court process.

soba

Coupon-mad said:

I bet they didn't offer £200 at Mediation. IMHO they are abusing the court process.

I agree. I'm really not looking forward to compiling a WS. I have many tabs open with previous recent WS's.
I will be taking inspiration from those ones.
This whole process has given me a bitter attitude towards DCB Legal. I was half tempted to counter offer a settlement of £100 to save me the hassle, and my sons return train fare from Inverness to Stoke, but I can't bring myself to give them anymore money (we settled an earlier PCN that my son totally ignored). I really hope he has learned a lesson here!

Thanks

SOBA