County court claim- 3rd time posting/ unsure if Im doing it correctly 🫣

[Pezza54]

Has a date been set for the application hearing to lift the stay?

You should point out to the mediator there is no certainty the stay on the claim will be lifted at the future hearing so you are only prepared to make a low offer to settle

The mediator will relate your side of the conversation to the claimant and should point out your reason for limiting the offer (no certainty the stay will be lifted)

[echat11]

I have my mediation phone appointment 1st May. My request will be to resume payments as of the balance in 2021 as that is the last time I had any knowledge (via Moorcroft, evidently) of this debt. The next I knew about it was when court paperworK arrived in June 2024. Is this a reasonable request? It seems just under £2k of interest has been added on to a debt I was not aware of in the 3 year gap! I obviously don’t want to annoy anyone more, I just don’t know what’s reasonable anymore!

Thank you

The whole point of Mediation is to reach a 'happy medium', ask them to write off the interest. O.K. they'll say this and that, but negotiate on it. Give them your 'real life' personal circumstances, you have loads of time to plan ahead.

[Kanga86]

Thank you both. No, the only documents I have been sent (via email) are regarding mediation, nothing regarding the stay. Its all just so stressful!

[Kanga86]

Good morning. Unfortunately no settlement was reached, I was very disappointed with the process as I was under the impression it would be a chance to negotiate/ communicate however it was a 30 minute phone call were, after organising my statement and background, was abruptly told 'I do not need that information. What is the sum you are willing to settle at?' I told the mediator that without any statements showing any sort of 'default' balance ( the original agreement has nothing other than '£1200 credit limit' and the most recent requests for £6k+!!!! with limited statements up until 2014 and an unheated, unofficial looking 'creditsolve report' which I could have been internally typed for all I know!) it is impossible to know how that figure has been reached! They were willing to settle at £5,100. My stance was my only reference for the original debt is £1200. There was no 'back and forth' and to quote, "I cant make them go any lower the same as I cant make you go any higher" but nobody was willing to address my concerns or request for information, transparency. I feel like I am circling! I have an appointment with the charity 'support through court' next Friday but in the mean time I was going to send a letter requesting documents from the claimant and just wanted to run this by you if possible?

Many thanks again.


Request for Further Disclosure under CPR 31.14 and Pre-Action Protocol
Dear Sir/Madam,

Following the unsuccessful mediation on 1 May 2025, I am writing to request further documentation required to clarify your claim and enable me to properly prepare for any court hearing.

I would like to make it clear that I am not disputing that the account existed, nor am I refusing to settle the matter. I entered mediation in good faith and had hoped to reach a fair resolution. However, without a full and accurate breakdown of the balance, payment history, interest, and assignment details, it has been impossible to agree any realistic terms. I still remain open to resolution.

Please treat this as a formal request under CPR 31.14 and paragraph 6 of the Pre-Action Protocol for Debt Claims. I respectfully request that the following documents be provided within 7 days of the date of this letter:
1. A complete, dated copy of the Default Notice allegedly served in 2014, including the stated default balance and proof of service.
2. A continuous, official statement of account from May 2012 to present, showing all payments, interest, charges, and balance changes. This should be a properly headed and dated statement issued by the creditor or debt purchaser, not an internally typed report such as the 'CreditSolve-Live Legal Report' included in the October 2024 bundle.
3. Copies of the deeds or notices confirming the full chain of assignment – from the original lender to Intrum UK Finance, and then to Link / LC Asset 2 S.à r.l from the original lender dated 2012 to present.
4. A breakdown or calculation sheet showing how the current balance was reached, from 17/5/2012 to present.
5. Evidence that Moorcroft Debt Recovery was properly authorised to collect payments between July 2019 and September 2021.
6. Confirmation and evidence of whether any letters, statements or notices were ever sent to me between October 2021 and January 2023, as I have received nothing, and no such communications were included in the disclosure sent to me in October 2024.
If this information is not provided within 7 days, I reserve the right to apply to the court for disclosure and/or seek to strike out any element of the claim which lacks evidential support.

Yours faithfully,

[Pezza54]

Was that mediation on the small claims track?
If it was, it sounds as if the claim has now been allocated to the small claims track
If so, please read CPR 27.2
CPR 31 (disclosure and inspection of documents) is omitted on the small claims track

[Kanga86]

The email I have is from the 'small claims mediation service' so I am assuming so...? I have updated the request accordingly...


Request for Further Disclosure under CPR 31.14 and Pre-Action Protocol
Dear Sir/Madam,
Following the unsuccessful mediation on 1 May 2025, I am writing to request further documentation required to clarify your claim and enable me to properly prepare for any court hearing.
I would like to make it clear that I am not disputing that the account existed, nor am I refusing to settle the matter. I entered mediation in good faith and had hoped to reach a fair resolution. However, without a full and accurate breakdown of the balance, payment history, interest, and assignment details, it has been impossible to agree any realistic terms. I remain open to resolution.
In reviewing the documents sent to me in October 2024, I noted that both the “handover of debt” letter and the “CreditSolve-Live Legal Report” were addressed to my previous address, which I left in 2015. These were not documents I ever received at the time. The CreditSolve report is dated 17 September 2024 and refers to a “date placed” of 10 July 2019, yet I received no correspondence, statements, or updates about this account during that time. The content of these documents only became known to me after I specifically requested disclosure. This raises serious concerns about notification and reinforces the need for properly authenticated, correctly addressed documentation.
Furthermore, I have not been provided with any documentation showing the balance at the time of default, nor does the original credit agreement or the Link account statement specify any outstanding amount. The first document to mention any sort of balance is the CreditSolve-Live Legal Report, which I had never seen before October 2024. As this document lacks letterhead, was sent to the wrong address, and appears to be internally generated, I cannot reasonably rely on it as evidence of the debt amount or how that amount was calculated.
Please treat this as a formal request for documents under CPR 27.2(3) (specific disclosure / further information) and paragraph 6 of the Pre-Action Protocol for Debt Claims.
I respectfully request that the following documents be provided within 7 days of the date of this letter:

1. A complete, dated copy of the Default Notice allegedly served in 2014, including the stated default balance and proof of service.
2. A continuous, official statement of account from May 2012 to present, showing all payments, interest, charges, and balance changes. This should be a properly headed and dated statement issued by the creditor or debt purchaser, not an internally typed report such as the “CreditSolve-Live Legal Report” included in the October 2024 bundle.
3. Copies of the deeds or notices confirming the full chain of assignment – from the original lender to Intrum UK Finance, and then to Link / LC Asset 2 S.à r.l.
4. A breakdown or calculation sheet showing how the current balance was reached, including the £560 increase between February 2023 and June 2024.
5. Evidence that Moorcroft Debt Recovery were properly authorised to collect payments between July 2019 and September 2021.
6. Confirmation of whether any letters, statements or notices were ever sent to me between October 2021 and January 2023, as I have received nothing, and no such communications were included in the disclosure sent to me in October 2024.

If this information is not provided within 7 days, I reserve the right to apply to the court for disclosure and/or seek to strike out any element of the claim which lacks evidential support.
Yours faithfully.