Author Topic: DCBL - Notice of Debt Recovery  (Read 4031 times)

0 Members and 60 Guests are viewing this topic.

Re: DCBL - Notice of Debt Recovery
« Reply #30 on: »
E1 — Mediation contact
No, the mediation service will only deal directly with the named party to the claim — i.e. the Registered Keeper (RK). You can, however, assist them in preparing for it, and if necessary, be present quietly in the background if it’s a phone call, provided the mediator and claimant agree. But formally, you cannot be the “named contact.”

E4 / F6 — Language or vulnerability
Yes, it’s appropriate to mention that English is not the RK’s first language and that they may be vulnerable to misunderstanding complex or pressured negotiations. Under the current mandatory mediation scheme, they should not be expected to take part unless an interpreter is available. You can word this clearly and neutrally, e.g.:

The defendant’s first language is not English, and they would require an interpreter to participate meaningfully in mediation. Without one, there is a significant risk of misunderstanding or being disadvantaged in the process.”

That ensures the court and the Small Claims Mediation Service are aware that the defendant requires an interpreter rather than simply preferring written communication.

F1 — Nearest County Court
That’s fine. It’s routine for a defendant’s “nearest County Court hearing centre” to be in the next county. The allocation process will assign the case to the most appropriate local court. There’s no need to comment or apologise for geography.

G — Other information / Welsh language rights
The form’s question G allows for any extra notes, but you don’t need to mention the Welsh-language point unless it’s relevant. HMCTS will automatically provide that information if the case is in Wales or a party requests to use Welsh. It’s not something that must be advised before this stage, so you can safely leave that section blank.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: DCBL - Notice of Debt Recovery
« Reply #31 on: »
Quote
E1 — Mediation contact<br>
No, the mediation service will only deal directly with the named party to the claim — i.e. the Registered Keeper (RK). You can, however, assist them in preparing for it, and if necessary, be present quietly in the background if it’s a phone call, provided the mediator and claimant agree. But formally, you cannot be the “named contact.”
Thank you for responding.

Not sure I totally agree with that, the form says "E1 : What is the name and contact details of the person who will be attending your mediation appointment?" This wording suggests to me that "the person" can be someone other than the person referred to as "your", because "your" details are already more complete in section B. If the details for E are supposed to be the same as the party to the claim, then there would be no point in asking this question in the first place.

However, I will do as suggested, and make myself available to be on-hand at mediation. The RK will be briefed beforehand broadly what to say, and to resist any suggestions from anyone to offer anything other than the recommended "£0".

Other than meeting the 13 November 2025 deadline, is there any guidance on when to respond, or is asap good enough? There are no benefits to delaying at all?
« Last Edit: November 01, 2025, 08:46:14 pm by Mortimer »

Re: DCBL - Notice of Debt Recovery
« Reply #32 on: »
The current N180 (11/24) literally asks: “What is the name and contact details of the person who will be attending your mediation appointment?” — it does not say it must be the party themself. The logical reading is that you may name whoever will attend, provided they have full authority to speak for (and, if appropriate, settle on behalf of) the party.

Two practical points to make this work:
1. Put the attendee in E1 (that can be you, if you’ll attend for the RK with written authority). Then ensure HMCTS/SCMS know you are the point of contact for the appointment. The N180 text supports this interpretation.

2. If language is an issue, tick E3 “Yes” (interpreter) and specify the language. The form itself says the court can arrange and meet the cost of an interpreter and that you should contact the court immediately — so use that route and also mention it in E4.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: DCBL - Notice of Debt Recovery
« Reply #33 on: »
Many thanks. Will put something together with the RK in the next day or so.

Re: DCBL - Notice of Debt Recovery
« Reply #34 on: »
Or you could just pretend to be the defendant and go through the motions of this time wasting exercise!
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: DCBL - Notice of Debt Recovery
« Reply #35 on: »
I’d have to remember to change my voice. The RK and I are not the same gender! LOL!

Re: DCBL - Notice of Debt Recovery
« Reply #36 on: »
Trust me, it makes no difference. Our Sky account is in my wife's name. However, I deal with it as she lives in Canada. Whenever I have to call, they always ask if I am the account holder. I learnt very early on, just to say yes. I don't disguise my voice. I mentally dare them to question if I am really the account holder. Of course they won't as they are probably way too woke to question it.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain