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Actually the mediator called on the last minute of the allocated time and said that the claimant will take me to court as they haven't accepted my £0 settlement offer. Mediator claimed to be working for the small claims court and reluctantly gave me their full name and said that they hold legal and written authority to negotiate and settle today. So what happens now?

Thank you for your reply. Will I actually end up going to court if they don't drop the case? What is the likelihood of that happening?

Thank you for your reply. Just to be sure that I understood this correctly:

- Do I (the registered keeper and driver) ignore the form EX750 as I have no representative? Do nothing and wait for them to call?

- If that is the case, is there a phrase or statement I need to say on the day I get the phone call from the mediator? How should I word it? What do I need to say? I would have to write it down so I can read it back to the mediator on the day.

I value your input and advice very much 

UPDATE!

Driver has received an email from HM Courts & Tribunals Service which have arranged a "Telephone Mediation Appointment" next month; "FORM EX750". What should the driver do or say to defend their case and not be pressured to pay?

This is what they are saying:

1- Introduction from the mediator

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

2- 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.

3- 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.

4- 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.

5- 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.

6- 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

Delegation of authority to mediate.

Only complete the delegation of authority form if you will like someone to take the mediation call on your behalf it becomes a legally binding contract with important legal consequences.

Filling out this form means you authorise your representative to agree on your behalf. If they agree to a settlement, you’ll be legally bound by the terms of the agreement.

1. What is your claim number?


2. What is your name?


3. What is the name of the person to whom you are delegating authority?


4. What are their contact details?

Email


Phone

5. I agree that the person I’ve given authority to can suggest a resolution for this case. If both parties agree to the proposed settlement, I’m willing to be legally bound by the terms of that agreement.

Signature

Return your completed form by email: scmreferrals@justice.gov.uk

Post: Civil National Business Centre, HMCTS, St Katharine’s House, 21–27 St Katharine’s Street, Northampton, NN1 2LH


If you prefer you can call 0300 123 4593 to give authority verbally.


Note 1: Without the claim number we will not be able to process this form.

Note 3: The person you are authorising must be 18 or over.

Page 1

EX750 Delegation of authority to mediate (05.24) ©Crown copyright 2024

I'm awfully sorry but I don't know how to do this. I have even asked a colleague to help out to "overlay a text box with the font you advised". I don't have membership for the acrobat pdf. My computer literacy is basic.

Would it be easier if I print it off, hand write it then scan it and upload and send it when and if the time comes?

Also I completed the E section with giving my details phone number and email. I ticked the rest of the boxes in E Section all as NO.

I've also noticed this on the MCOL account. What does this mean?https://ibb.co/qYNXYd1k

Thank you very much once again and my apologies for my delayed reply. I will wait until I see my own N180 on the MCOL website although it took me a while figuring out how to get on their website and sign in. I ended up scrolling up the pages and although I managed to find out, I have lost how I did it again. I have so much going on and trying to keep up with everything is mission impossible in my small numb brain of mine.

Will keep you updated once I hear back.

Ok wow thank you so very much! I'm speechless by your wealth of knowledge on this! Driver has received a letter from HM Courts & Tribunals Service (please see attachment) HOWEVER driver hasn't received any letters from DCB Legal nor the N180 Directions Questionnaire. Also driver checked on MCOL website and didn't see anything there as yet. Does the driver wait until DCB Legal send them the N180?https://ibb.co/PZJkKRFK

Hello again,

Just want to check which fee payment the driver needs to apply for please? It says:

Amount Claimed: £484.60
Court Fee: £50.00
Legal Representative's Costs: £50
Total amount: £584.60

Which fee do I pay on the MCOL website? £70?

[url=https://ibb.co/bRNFF0k3

https://ibb.co/v4p8mrh3

ALSO:

-Should the driver make a Counter Claim? If so, what to add?

-Does the driver who is the defendant, have to put their date of birth on the form? It is also asking for email address and contact number.

-Where and how the driver/defendant make the payment as they can't find the details for that.

Apologies for asking so many questions.