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#Post#: 100242--------------------------------------------------
Re: how to deal with Claim Form 2 // from CEL - July 04
DIR By: Looking4Justice
Date: November 28, 2025, 12:15 pm
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Good evening,
I just got a call from DCB Legal, traying to have a "settlement"
conversation with me, I asked them why they are calling me if we
aleady got a Mediation call, and this lady insist they just
wanted to talk to me to avoid the mediation... I said I have
nothing to talk to them until the mediation call. When I ask for
her name, she just hang up.
is this normal ?
#Post#: 100271--------------------------------------------------
Re: how to deal with Claim Form 2 // from CEL - July 04
DIR By: b789
Date: November 29, 2025, 12:32 am
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Just block their number. Ignore them. This is just the precursor
to them discontinuing.
#Post#: 101969--------------------------------------------------
Re: how to deal with Claim Form 2 // from CEL - July 04
DIR By: Looking4Justice
Date: December 11, 2025, 4:59 am
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OK Good morning,
I just got the mediatoon Call, and they confirm :
Full Name of the person attending is: Kye Horabin
His Role : Mediation Associate
And Yes he hold written authority to negotiate and settle today.
I follow your instruction and keep my position saying: My
settlement offer is Ł0, or I invite the claimant to discontinue
with no orders as to costs.
The Mediator lady just called me back and said that the
Claimants is not going to close the case, and this is now going
to be on list for a Hearing in Court in front of a Judge and it
will occure in a CCJ to me.
How we proceed next ?
#Post#: 101971--------------------------------------------------
Re: how to deal with Claim Form 2 // from CEL - July 04
DIR By: jfollows
Date: December 11, 2025, 5:02 am
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What exactly were you told?
I imagine you were not told that you will receive a CCJ, but if
you were told this you need to complain about the mediator.
All that you should have been told is that the claimant may make
a claim against you, which you will have to defend.
#Post#: 101976--------------------------------------------------
Re: how to deal with Claim Form 2 // from CEL - July 04
DIR By: b789
Date: December 11, 2025, 5:18 am
---------------------------------------------------------
If the mediator actually told you that you will get a CCJ over
this, then they have way overstepped their position and I would
advise you to make a forma complaint to the SCMS about this
mediator.
I can guarantee you that this will never reach a hearing in
front of any judge and they will discontinue.
#Post#: 102003--------------------------------------------------
Re: how to deal with Claim Form 2 // from CEL - July 04
DIR By: Looking4Justice
Date: December 11, 2025, 6:51 am
---------------------------------------------------------
She literaly told me that the Claimant was not ready to close
the Case, that they will put the case on a "List" for a Hearing,
and she need it to explain me that if this go to court in front
a Judge it's a 50/50 if I win good for me , but if I loose this
will not be good for me and I will Get a CCJ that will affect my
credit score and stay on my records for 6 years.
Indeed I would like to complaint about her, how can I do that, I
did not got her name .
#Post#: 102009--------------------------------------------------
Re: how to deal with Claim Form 2 // from CEL - July 04
DIR By: b789
Date: December 11, 2025, 7:10 am
---------------------------------------------------------
You don't need her name. Just email the following complaint to
scmreferrals@justice.gov.uk and CC yourself:
--- Quote ---
> COMPLAINT – conduct of mediator at Small Claims Mediation
Service appointment on 11 December 2025 – [Claim No: XXXXXXXX]
>
> To whom it may concern,
>
> I write to make a formal complaint about the conduct of the
mediator who handled my Small Claims Mediation Service (SCMS)
appointment on 11 December 2025 in the matter of Civil
Enforcement Ltd v [Your Full Name], claim number [XXXXXXXX].
>
> The appointment was scheduled in the 09:30–12:30 time slot on
11 December 2025 and conducted by telephone from a withheld
number. The mediator was a female mediator from the SCMS.
Unfortunately, I did not catch her name.
>
> During the call, the mediator made a number of statements
which, in my view, were inappropriate, inaccurate and
inconsistent with the neutral role a court-appointed mediator is
required to perform.
>
> 1. Misrepresentation of the effect of defending the claim (CCJ
risk)
>
> The mediator told me that the Claimant was “not ready to close
the case” and that it would now be put “on a list for a Hearing
in Court in front of a Judge”. She then went on to say that if
it went to court it was “50/50” whether I would win and that if
I lost “this will not be good for you and you will get a CCJ
that will affect your credit score and stay on your records for
6 years.”
>
> That is simply wrong and highly misleading. A County Court
Judgment is only registered and affects a person’s credit record
if any judgment is not paid within the statutory period (usually
one calendar month). The mediator did not explain this at all.
Instead, she presented a CCJ damaging my credit file for six
years as the automatic and inevitable consequence of exercising
my right to defend the claim at a hearing.
>
> This was not a neutral or balanced explanation of the process;
it was a one-sided and inaccurate description which amounted to
pressure to settle.
>
> 2. Inappropriate legal opinion and prediction of outcome
(“50/50” comment) by an unqualified person
>
> The mediator told me that if the case went to a judge, it was
“50/50” whether I would win, and that if I lost it would be “not
good for me” because of an inevitable CCJ. That is, in
substance, a legal opinion and prediction of outcome.
>
> I appreciate that mediators may outline, in general terms,
that litigation carries risk. However:
>
> [indent]• The mediator’s comments were phrased as a definitive
prediction (“50/50” and “you will get a CCJ”), not as a neutral
explanation that either side could win and that there are
consequences if a judgment is not complied with.
> • She went beyond facilitating negotiation and stepped into
the role of a legal adviser, despite there being no indication
that she is an “authorised person” or otherwise qualified under
the Legal Services Act 2007 to give legal advice or conduct
reserved legal activities.
> • No basis was given for the asserted “50/50” assessment or
for the highly misleading statement that a CCJ would
automatically arise and sit on my file for six years.[/indent]
>
> Unless this mediator can demonstrate that she holds a
recognised legal qualification and authorisation under the Legal
Services Act 2007, she has no business giving legal opinions or
outcome predictions to litigants in person. In my view, this is
so far removed from the standard expected of a neutral,
court-appointed mediator that it should trigger at least a
formal warning and a serious review of whether she is suited to
this role at all, unless she can evidence appropriate legal
training and authorisation.
>
> 3. Undermining of neutrality and confidence in the mediation
process
>
> The SCMS literature I received emphasised that mediators are
neutral and that mediation is a confidential process aimed at
helping the parties explore settlement. What I experienced
instead was:
>
> [indent]• A mediator who appeared to adopt and repeat the
Claimant’s position that the matter “will” go to a hearing
because they were “not ready to close the case”.
> • A mediator who overstated and mischaracterised the
consequences of defending the claim, by suggesting that an
adverse judgment would automatically and inevitably result in a
six-year CCJ on my credit record.
> • A mediator who gave what amounted to legal advice and a
prediction of outcome, rather than remaining neutral and
facilitating discussion.[/indent]
>
> This undermined my confidence in the impartiality of the SCMS.
I felt I was being warned off exercising my legal rights by
someone calling from within the court system, using the
authority of that position to pressure me into a settlement.
>
> 4. Impact on me as a litigant in person
>
> I am a litigant in person with limited experience of the civil
court process. Hearing from a court-appointed mediator that
going to a hearing would “result in a CCJ” which would damage my
credit record for six years caused me considerable distress and
anxiety. I was left with the impression that simply allowing the
case to proceed in the normal way would automatically and
irreversibly damage my financial standing, regardless of whether
I complied promptly with any judgment.
>
> That impression is plainly wrong in law, and should never have
been conveyed by a mediator acting under the auspices of the
court.
>
> My requests
>
> Given the seriousness of the above, I request that you:
>
> [indent]1. Retrieve and review the recording(s) of my
mediation appointment on 11 December 2025 in claim [XXXXXXXX].
> 2. Confirm whether the statements described above – including
the statement that I “will get a CCJ” that will remain on my
record for six years simply if I lose at a hearing – are in line
with SCMS training, guidance and standards for mediators.
> 3. Confirm what action will be taken in relation to the
mediator concerned, including any remedial training,
supervision, or disciplinary steps, to ensure that litigants in
person are not subjected to inaccurate and intimidating
statements about CCJs and court proceedings.
> 4. Confirm that a clear note will be placed on the court file
that I did in fact attend and engage with mediation, and that I
will not be criticised for refusing to be pressured into a
settlement based on misinformation about CCJs.[/indent]
>
> I appreciate that mediators have a difficult role, but there
is a clear line between explaining, in neutral terms, that
litigation carries some risk and what actually happened in my
case: a combination of inaccurate statements about the legal
consequences of losing and a definitive prediction of outcome
that had the practical effect of pressuring me to abandon a
legitimate defence.
>
> I look forward to your written response to this complaint and
to confirmation of the outcome of your review.
>
> Yours faithfully,
>
> [Your Full Name]
> [Your Postal Address]
> [Your Email Address]
> [Your Telephone Number]
--- End Quote ---
#Post#: 102011--------------------------------------------------
Re: how to deal with Claim Form 2 // from CEL - July 04
DIR By: jfollows
Date: December 11, 2025, 7:13 am
---------------------------------------------------------
Yes, if she told you that you get a recorded CCJ for six years
if you lose, this is simply untrue because even if you lose, as
long as you pay the required amount within 30 days the record
will be removed.
It sounds like she is siding with the claimant to attempt to
frighten you into paying up and to avoid bothering the court.
#Post#: 102014--------------------------------------------------
Re: how to deal with Claim Form 2 // from CEL - July 04
DIR By: Looking4Justice
Date: December 11, 2025, 7:29 am
---------------------------------------------------------
Thanks , I will send the complaint right now.
I also just got this email:
Mediation Not Settled
Claim number: ********
Parties: CIVIL ENFORCEMENT LIMITED v ************
Thank you for using the Small Claims Mediation Service today.
Although a settlement could not be reached on this occasion the
parties are reminded that Court is considered a last resort and
in which case both parties are encouraged to continue to
communicate where possible in an attempt to resolve the claim,
you may find that today's mediation gives you both a base upon
which to build on.
If the parties can satisfactorily resolve the matter without the
need of the Court, the Claimant should complete a notice of
discontinuance using the appropriate form in the link and file
it with the appropriate Court; N279 - w3 Notice of
discontinuance (6.99) (publishing.service.gov.uk) or update
Online Civil Money Claims through your account.
If not already done so. the claim will now be transferred out of
our business centre to a court where standard directions will be
given and you will be notified in writing of the next stages to
follow. It is important that both parties follow these
instructions and adhere to the timetable set down by the Court
which will include a further court fee and a final hearing for
determination of the matter. Further information can be found
at; Make a court claim for money: What a court claim is - GOV.UK
(www.gov.uk)
Many thanks for your participation in Mediation.
If you require any further information please contact us at the
below details.
Civil National Business Centre | HMCTS | St Katharine's House
21-27 St Katharine's Street | Northampton | NN1 2LH
Phone: 0300 123 4593
Email: scmreferrals[member=6517]justice[/member].gov.uk
Looking forward to hearig from you for the next steps to follow.
Thanks.
#Post#: 102532--------------------------------------------------
Re: how to deal with Claim Form 2 // from CEL - July 04
DIR By: Looking4Justice
Date: December 15, 2025, 10:51 am
---------------------------------------------------------
Good afternoon,
Could you please let me know what happend after the mediation?
When I will know if they decided to move forward to a hearing or
if they will acctually discontinue and close the case ?
what happen next ?
Thanks.
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