court claim

[ian timbers]

Hi
Can someone please advise me i have defended a court claim due to a DCA not supplying me with a copy of pre 2007 CCA , the DCA have now asked for mediation though the court should i accept this or go to court to fight it

[echat11]

Hi Ian

It is always a good idea to consider mediation whenever it's offered (it shows that you are willing to settle the matter without the need of a hearing). But because they haven't provided the requested documents, you can't do mediation. That would be conveyed to the Court in the Directions Questionnaire the Court sends to you (fill it in) and you return it back to the Court, but also copy it to the Creditors solicitors. Make sure you get Proof of Postage.

Also can you fill in the following, copy and paste back to thread (leave out personal / ref no details)

Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:

[atticus]

Only you can decide what you should do. But I hope that this helps.

The purpose of mediation is to attempt to settle the case. The claimant is unlikely to accept a settlement under which it receives nothing.

This means that if the mediation leads to a settlement, it is likely to be on the basis that you agree to pay something.

What a settlement does is bring about finality and certainty. You would probably pay less than if you fight the case to trial and lose, but more than if you fight and win.

Bear in mind that the DCA probably bought a loan book including your debt for a fraction of the total debt, so it is likely to be amenable to a settlement for rather less than the amount claimed. You can also use the arguments raised in your Defence to justify a lowball offer.