Claim. Is it worth it?

[Nibbsy]

I'm being chased by a DCA over an alleged debt (£25).
I have asked for validity. Proof of claim and proof of assignment.
5 times I have asked in notices sent to them. In these notices I outlined very clearly what I wanted from them and were the documents not forthcoming then a schedule of fees. As they continue to harrass me the bills are now circa 14k.

I have sent a final estoppel by acquiescence and I am now considering going after them for remedy on the tacit agreements in the notices.

Is it worth it? Do I have a case or chance? Should I go for a lower amount? Any opinions. Views. Or ideas all gratefully accepted.

[wales01man]

Re: Claim. Is it worth it?

Am i reading this correctly?
Chased for alleged debt £25 then goes to
The bills are now circa 14k?
Makes wongas interest rates look a bargain

[TUTTSI]

Re: Claim. Is it worth it?

They clearly have not answered you as they do not have the relevant docs which you have asked for.

I would do no more at this stage as they are just threat o grams...... and they would have to explain how £25 got to £14k...... unbelievable.

[Nibbsy]

Re: Claim. Is it worth it?

Sorry. Let me clarify. The alleged debt is 25 quid. But I told them prove your claim or I will bill you and so far the am9unt of harassment means I am billing them 14k. Let me be clear the DCA have now accrued debts with me for administrative costs to the tune of 14k. I now wish to make a claim on the bills I have sent them. Is this likely to be worth the circa 200 quid in fees?

[Celestine]

Re: Claim. Is it worth it?

No offence, but a Judge would shoot you down in flames at the first Hearing, that is if the opponent didn't successfully get the whole claim struck out.

A claim of 14k would have to be placed in the Fast Track, so if you lost or even entered a claim and got struck out, you would be liable for the other sides costs or a wasted costs order. 5k and under would put you in Small Claims track and give you some protection.

A claimant in such a case has a duty to mitigate their costs and it would be argued that you had spent excessive time pursuing this claim.

[Nibbsy]

Re: Claim. Is it worth it?

Thanks celestine. Understood. I haven't spent too long I have just charged at a rate I charge clients and this time spent on thus is time I cannot spend on client work was my reasoning. However could I put in a claim for say 10% or a lower amount and have a better chance?

[Celestine]

Re: Claim. Is it worth it?

Yes, a lower claim would have a better and safer chance. However, be very sure on the 'formation of contract' principles.

There was a case in the news a few weeks back about a chap charging a PPI firm cold calling him for his time in dealing with them. He won about £100+

If the original £25 was absolutely not your debt, that will also strengthen your claim.