** Discontinued ** Lowell court claim for mobile phone debt with Vodaphone

[lobo]

The online version of the N180 is here if you want to type as opposed to hand write: https://assets.publishing.service.go...6/n180-eng.pdf

A1 tick yes for mediation, you need to appear to be trying to be reasonable and it is also incumbent upon you to try to settle the claim without need of a hearing.

Mediation takes place by phone and you won't be in a conference call them or their solicitor. It's a one hour appointment where the mediator will ring you to get your views and then ring them to hear theirs, then go back and forth throughout the hour to try to settle it.

One of the questions you will be asked is whether you have all the information you require to understand the claimants claim, so when booking the appointment tell them you don't and have requested it from the claimant, but are confident they'll have it to you before mediation (they won't). The day before mediation when they haven't sent anything you email the Small Claims Mediation Team to cancel the appointment.

Then, you'll send a letter to the solicitors to confirm you have cancelled it due to them failing to comply with their Part 31 obligations as you cannot possibly understand their claim to enter mediation. You confirm that you consider this as unreasonable conduct pursuant to CPR 27.14(g), their conduct is not conducive to the requirement to settle the claim without need of a hearing and their obligation to further the Overriding Objective pursuant to CPR 1.3.

Obviously a copy of the letter will go to the court to advise them why you had to cancel the appointment.

C1 tick yes, you don't want to be in the other tracks with their costs implications.

D1 you should put the name and address of your local court (find here) and "Defendants Home Court persuant to CPR 26.2A(3)."

D2 tick no because there's no expert witnesses.

D3 put 1 if just you or however many you might call to testify plus 1 for you.

At this stage it's all about how you play the game and if you play well it'll keep them thinking about how much they want to chance spending the trial fee.

Thank you so much jaguarsuk. I can't tell you how stressful this is for me and my family. Don't know what I would have done without your guidance. I'll do everything just as you advise. Do I need to send back the DQ asap or should I wait until nearer the deadline.

[jaguarsuk]

Thank you so much jaguarsuk. I can't tell you how stressful this is for me and my family. Don't know what I would have done without your guidance. I'll do everything just as you advise. Do I need to send back the DQ asap or should I wait until nearer the deadline.

No don’t wait, the sooner you send it back the more quickly this will move along and that’s less time for them to come up with what they need.

[lobo]

The online version of the N180 is here if you want to type as opposed to hand write: https://assets.publishing.service.go...6/n180-eng.pdf

A1 tick yes for mediation, you need to appear to be trying to be reasonable and it is also incumbent upon you to try to settle the claim without need of a hearing.

Mediation takes place by phone and you won't be in a conference call them or their solicitor. It's a one hour appointment where the mediator will ring you to get your views and then ring them to hear theirs, then go back and forth throughout the hour to try to settle it.

One of the questions you will be asked is whether you have all the information you require to understand the claimants claim, so when booking the appointment tell them you don't and have requested it from the claimant, but are confident they'll have it to you before mediation (they won't). The day before mediation when they haven't sent anything you email the Small Claims Mediation Team to cancel the appointment.

Then, you'll send a letter to the solicitors to confirm you have cancelled it due to them failing to comply with their Part 31 obligations as you cannot possibly understand their claim to enter mediation. You confirm that you consider this as unreasonable conduct pursuant to CPR 27.14(g), their conduct is not conducive to the requirement to settle the claim without need of a hearing and their obligation to further the Overriding Objective pursuant to CPR 1.3.

Obviously a copy of the letter will go to the court to advise them why you had to cancel the appointment.

C1 tick yes, you don't want to be in the other tracks with their costs implications.

D1 you should put the name and address of your local court (find here) and "Defendants Home Court persuant to CPR 26.2A(3)."

D2 tick no because there's no expert witnesses.

D3 put 1 if just you or however many you might call to testify plus 1 for you.

At this stage it's all about how you play the game and if you play well it'll keep them thinking about how much they want to chance spending the trial fee.

I have completed the DQ and it is ready to send. I have added a cover letter to the court as follows:

23^rd July 2018
To Northampton CCBC
Re: Claim Number: xxxxxxxx

Dear Sir/Madam,
I am returning the completed Directions Questionnaire form. I have indicated on the form that I agree to the case being referred to the small claims mediation service.
I sent a CPR 31.14 request to Lowell Solicitors on 10^th June 2018 (copy enclosed). I have as yet not received any of the documents requested but I am hopeful that I will receive them prior to mediation in order to fully plead my case.

Yours Sincerely

Is it a good idea to send this as well?

[jaguarsuk]

I have completed the DQ and it is ready to send. I have added a cover letter to the court as follows:

23^rd July 2018
To Northampton CCBC
Re: Claim Number: xxxxxxxx

Dear Sir/Madam,
I am returning the completed Directions Questionnaire form. I have indicated on the form that I agree to the case being referred to the small claims mediation service.
I sent a CPR 31.14 request to Lowell Solicitors on 10^th June 2018 (copy enclosed). I have as yet not received any of the documents requested but I am hopeful that I will receive them prior to mediation in order to fully plead my case.

Yours Sincerely

Is it a good idea to send this as well?

You can do, but remember that the DQ must be filed and served on all parties, so you need to send a copy to the address for service of the claimant.

[lobo]

You can do, but remember that the DQ must be filed and served on all parties, so you need to send a copy to the address for service of the claimant.

Does that mean a copy of everything even the covering letter?

[jaguarsuk]

Does that mean a copy of everything even the covering letter?

Not your cover letter, just the DQ.

[lobo]

Not your cover letter, just the DQ.

Thanks. I'll send it off

[lobo]

I sent the DQ and it has been acknowledged by MCOL as submitted on 01.08.18. Today 02.08.18 I have received the following from Lowell Solicitors by email:

Small Claims Telephone Mediation Service Tel: 0300 123 4593 - Email:

Claim Number: XXXXXXXX Parties: LOWELL v XXXXXXXXX The above parties have all filed a Directions Questionnaire (N180) and have all requested mediation.

Provisional Appointment Time & Date A telephone mediation session of up to one hour is available to you Monday to Friday between 9:30 and 13:30, which needs to take place within 21 days of this email. Please note that this is not a confirmed appointment and you will receive a further letter/email to advise if mediation is going ahead. Mediation can only be arranged if we are able to contact all parties to verbally complete the mediation criteria, email acceptance from you does not mean the appointment will be booked.

We will try to call you within the next 8 days, calls will come from a private/withheld number. If you would like to increase your chance of securing an appointment please call us as soon as possible on 0300 123 4593.

If we are able to secure a mediation appointment, we will send you confirmation. If you do not receive an email, or letter, confirming the appointment and a specific 30-minute time slot, the appointment will not be taking place.

Owing to a high level of referrals at the present time, mediation appointments are limited. If we are unable to contact you before the appointments for this date are booked; your case will be transferred to a court to be listed for allocation.

If you want a 3rd party to mediate on your behalf please complete and return the form at attached to authorise their involvement, please also ensure that you forward the information about mediation to them.

Alternatively you can call 0300 123 4593 to give verbal authorisation. (If you want to be contacted on a different number to the one you stated on your Directions Questionnaire, please contact the Mediation Team to provide the relevant number)

Mediation appointments are limited and can only be re-arranged under exceptional circumstances

Mediation Requirements Please read the following 3 statements: Yes No
1. For mediation to be successful there needs to be some flexibility from all parties and a willingness to listen and consider each other’s positions. Can you agree to this?
2. I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before I can mediate
3. I am available to mediate on one of the following days (You must tick at least 1 of the following, you may tick more than 1 if applicable) I am available between 9:30 & 13:30 on a Monday I am available between 9:30 & 13:30 on a Tuesday I am available between 9:30 & 13:30 on a Wednesday I am available between 9:30 & 13:30 on a Thursday I am available between 9:30 & 13:30 on a Friday

Mediation is only available to you if you can answer YES to all 3 statements above. If you cannot answer YES to each of the 3 statements, mediation is not suitable for your case.
If you have answered yes to all 3 questions and you would like to try mediation, please also complete the following table and return the email to scmreferrals@hmcts.gsi.gov.uk. (You may have to click on reply before you can complete the boxes above and below)

Full name of person that will be mediating: (If you want a 3rd party to mediate on your behalf, please complete the attached form or call the Mediation Team on 0300 123 4593 in order to authorise their involvement and forward this email to them) The telephone number the mediator needs to call: (A direct number is preferable, mobile numbers are acceptable) Your email address:

Please contact us as soon as possible as mediation appointments are limited and in high demand. If we do not receive a response from you, we will try to contact you by telephone. If we are unable to contact you, we will be unable to provide an appointment and your case will be transferred to a local court to be listed for a hearing.

The information below explains how mediation is carried out. If you are unsure whether or not mediation is suitable for you after reading the information above and below, please call the Mediation Team on 0300 123 4593 or reply to this email with your query.

How is Mediation Carried Out?
You will be contacted by a Court mediator who is trained to help people settle their disputes. The mediator acts as a ‘go between’ to help both parties try to find a resolution. They do not make decisions, offer legal advice or adjudicate the dispute. The mediators therefore do not need to see any supporting evidence prior to mediation.
Mediation is done via telephone but it is not a conference call. The mediator will speak to one party, discuss the case and how they are willing to resolve the matter, then hang up, call the other party and do the same. The mediator will continue to go back & forth between the parties within the session. If you and the other party come to an agreement, the mediator will draw up a Settlement Agreement confirming what is agreed. The mediator will read the Settlement Agreement to you and it becomes legally binding from the moment you verbally agree to it.
Copies of the Settlement Agreement will then be sent to all parties and the Court, this concludes the case. Should the other party breach the terms of the agreement, you can apply to the court to have the case struck out.
If no agreement is made within the session, the mediator will end the appointment and the case will proceed to a hearing to be resolved by a District Judge. Anything mentioned at mediation is confidential and cannot be referred to at a court hearing.

Important Preparation if you chose to mediate Please find below some guidance notes that will help you prepare for your mediation appointment. It is important that you read this fully prior to your appointment.

1. You must participate in mediation in good faith, with the intent to reach an agreement. If you attend with no intention of negotiating or compromising, the mediator will terminate the session. You must be prepared and willing to put your points forward, and to listen to the points raised by the other party. Top Tip: Spend a few moments making a list of the strengths & weaknesses of your case and think about how & where you are able to compromise.
2. The mediator may call from a blocked or unknown telephone number. Top Tip: Make sure the number you provided for the mediation session can accept calls from unknown or blocked numbers.
3. If you want a 3rd party to mediate on your behalf, you must contact the Mediation Team by phone or email to authorise their involvement. Top Tip: The 3rd party must be fully aware of the facts of the case & have a good understanding of how far you are willing to compromise. You will be legally bound to any agreements the 3rd party makes.
4. Your mediation appointment is limited to up to one hour. You must be free and by the phone for the full session so that the mediator can contact you. Top Tip: Make sure you are in a suitable location for the appointment that is free from distractions. The mediator will cancel the appointment immediately if you are driving even if you are using a hands-free device.
5. Everything mentioned at mediation is confidential. The mediator will only pass information to the other party with your authorisation. You cannot record the mediation session. If mediation fails & a hearing is required, you cannot refer to anything discussed at mediation during the hearing.
6. If you do not answer the phone or respond to any messages left by the mediator within 10 minutes, the mediator will cancel the appointment. Top Tip: Have you provided the most suitable telephone number for your appointment? If you are mediating on behalf of a company, have you provided a direct line?
7. The mediator speaks to both parties separately.

If after reading the above you are still unsure whether or not mediation is suitable, or if you have any other queries, please call the Mediation Team on the number below. Small Claims Mediation Service Contact Details Tel: 0300 123 4593 Email: scmreferrals@hmcts.gsi.gov.uk Post: HMCTS, PO Box 8793, Leicester, LE1 8BN ________________________________________




Is this normal to receive this from claimant and not the court itself. Should I ignore or reply?

[MIKE770]

Wow , paragraph as no way will peeps read all in one go- spread paragraphs out!

[jaguarsuk]

You need to format that into something legible as I'm not even attempting reading that in it's present state

[lobo]

Sorry for the mess of the previous post. In a nutshell. I sent off my DQ and it has been acknowledged on MCOL as being submitted on 01.08.18. Today, 02.08.18 I have received an email from Lowell Solicitors asking me to arrange mediation asking me to give dates. Should this not be sent out be the court by letter. Should I ignore or reply? I have as yet still not received anything from my CPR 31.14 request.

[lobo]

This is the email received from Lowell Solicitors

Small Claims Telephone Mediation Service Tel: 0300 123 4593 - Email: scmreferrals@hmcts.gsi.gov.uk

Claim Number: XXXXXXXX

Parties: LOWELL v XXXXXXXXX

The above parties have all filed a Directions Questionnaire (N180) and have all requested mediation.

Provisional Appointment Time & Date A telephone mediation session of up to one hour is available to you Monday to Friday between 9:30 and 13:30, which needs to take place within 21 days of this email. Please note that this is not a confirmed appointment and you will receive a further letter/email to advise if mediation is going ahead. Mediation can only be arranged if we are able to contact all parties to verbally complete the mediation criteria, email acceptance from you does not mean the appointment will be booked.

We will try to call you within the next 8 days, calls will come from a private/withheld number. If you would like to increase your chance of securing an appointment please call us as soon as possible on 0300 123 4593.

If we are able to secure a mediation appointment, we will send you confirmation. If you do not receive an email, or letter, confirming the appointment and a specific 30-minute time slot, the appointment will not be taking place. Owing to a high level of referrals at the present time, mediation appointments are limited.

If we are unable to contact you before the appointments for this date are booked; your case will be transferred to a court to be listed for allocation. If you want a 3rd party to mediate on your behalf please complete and return the form at attached to authorise their involvement, please also ensure that you forward the information about mediation to them. Alternatively you can call 0300 123 4593 to give verbal authorisation. (If you want to be contacted on a different number to the one you stated on your Directions Questionnaire, please contact the Mediation Team to provide the relevant number)

Mediation appointments are limited and can only be re-arranged under exceptional circumstances Mediation Requirements Please read the following 3 statements: Yes No

1. For mediation to be successful there needs to be some flexibility from all parties and a willingness to listen and consider each other’s positions. Can you agree to this?

2. I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other partybefore I can mediate

3. I am available to mediate on one of the following days (You must tick at least 1 of the following, you may tick more than 1 if applicable)

I am available between 9:30 & 13:30 on a Monday
I am available between 9:30 & 13:30 on a Tuesday
I am available between 9:30 & 13:30 on a Wednesday
I am available between 9:30 & 13:30 on a Thursday
I am available between 9:30 & 13:30 on a Friday

Mediation is only available to you if you can answer YES to all 3 statements above.

If you cannot answer YES to each of the 3 statements, mediation is not suitable for your case. If you have answered yes to all 3 questions and you would like to try mediation, please also complete the following table and return the email to scmreferrals@hmcts.gsi.gov.uk. (You may have to click on reply before you can complete the boxes above and below) Full name of person that will be mediating

: (If you want a 3rd party to mediate on your behalf, please complete the attached form or call the Mediation Team on 0300 123 4593 in order to authorise their involvement and forward this email to them)

The telephone number the mediator needs to call: (A direct number is preferable, mobile numbers are acceptable) Your email address: Please contact us as soon as possible as mediation appointments are limited and in high demand. If we do not receive a response from you, we will try to contact you by telephone. If we are unable to contact you, we will be unable to provide an appointment and your case will be transferred to a local court to be listed for a hearing.

The information below explains how mediation is carried out. If you are unsure whether or not mediation is suitable for you after reading the information above and below, please call the Mediation Team on 0300 123 4593 or reply to this email with your query. How is Mediation Carried Out? You will be contacted by a Court mediator who is trained to help people settle their disputes. The mediator acts as a ‘go between’ to help both parties try to find a resolution.

They do not make decisions, offer legal advice or adjudicate the dispute. The mediators therefore do not need to see any supporting evidence prior to mediation. Mediation is done via telephone but it is not a conference call. The mediator will speak to one party, discuss the case and how they are willing to resolve the matter, then hang up, call the other party and do the same.

The mediator will continue to go back & forth between the parties within the session. If you and the other party come to an agreement, the mediator will draw up a Settlement Agreement confirming what is agreed. The mediator will read the Settlement Agreement to you and it becomes legally binding from the moment you verbally agree to it.

Copies of the Settlement Agreement will then be sent to all parties and the Court, this concludes the case. Should the other party breach the terms of the agreement, you can apply to the court to have the case struck out. If no agreement is made within the session, the mediator will end the appointment and the case will proceed to a hearing to be resolved by a District Judge.

Anything mentioned at mediation is confidential and cannot be referred to at a court hearing. Important Preparation if you chose to mediate Please find below some guidance notes that will help you prepare for your mediation appointment. It is important that you read this fully prior to your appointment.

1. You must participate in mediation in good faith, with the intent to reach an agreement. If you attend with no intention of negotiating or compromising, the mediator will terminate the session. You must be prepared and willing to put your points forward, and to listen to the points raised by the other party. Top Tip: Spend a few moments making a list of the strengths & weaknesses of your case and think about how & where you are able to compromise.

2. The mediator may call from a blocked or unknown telephone number. Top Tip: Make sure the number you provided for the mediation session can accept calls from unknown or blocked numbers.

3. If you want a 3rd party to mediate on your behalf, you must contact the Mediation Team by phone or email to authorise their involvement. Top Tip: The 3rd party must be fully aware of the facts of the case & have a good understanding of how far you are willing to compromise. You will be legally bound to any agreements the 3rd party makes.

4. Your mediation appointment is limited to up to one hour. You must be free and by the phone for the full session so that the mediator can contact you. Top Tip: Make sure you are in a suitable location for the appointment that is free from distractions. The mediator will cancel the appointment immediately if you are driving even if you are using a hands-free device.

5. Everything mentioned at mediation is confidential. The mediator will only pass information to the other party with your authorisation. You cannot record the mediation session. If mediation fails & a hearing is required, you cannot refer to anything discussed at mediation during the hearing.

6. If you do not answer the phone or respond to any messages left by the mediator within 10 minutes, the mediator will cancel the appointment. Top Tip: Have you provided the most suitable telephone number for your appointment? If you are mediating on behalf of a company, have you provided a direct line?

7. The mediator speaks to both parties separately.

If after reading the above you are still unsure whether or not mediation is suitable, or if you have any other queries, please call the Mediation Team on the number below.

Small Claims Mediation Service Contact Details Tel: 0300 123 4593 Email: scmreferrals@hmcts.gsi.gov.uk Post: HMCTS, PO Box 8793, Leicester, LE1 8BN ________________________________________

This e-mail and any attachments is intended only for the attention of the addressee(s). Its unauthorised use, disclosure, storage or copying is not permitted. If you are not the intended recipient, please destroy all copies and inform the sender by return e-mail. Internet e-mail is not a secure medium. Any reply to this message could be intercepted and read by someone else. Please bear that in mind when deciding whether to send material in response to this message by e-mail. This e-mail (whether you are the sender or the recipient) may be monitored, recorded and retained by the Ministry of Justice. Monitoring / blocking software may be used, and e-mail content may be read at any time. You have a responsibility to ensure laws are not broken when composing or forwarding e-mails and their contents.

[lobo]

Sorry again but it does not seem to keep the format when I send

[jaguarsuk]

Sorry for the mess of the previous post. In a nutshell. I sent off my DQ and it has been acknowledged on MCOL as being submitted on 01.08.18. Today, 02.08.18 I have received an email from Lowell Solicitors asking me to arrange mediation asking me to give dates. Should this not be sent out be the court by letter. Should I ignore or reply? I have as yet still not received anything from my CPR 31.14 request.

Are you sure the email is from Lowell and not in fact from the Small Claims Mediation Team as Lowell shouldn't be arranging mediation.

[lobo]

Yes it definitely came from Lowell via email