County Court Mediation query

DebtFreePlanning

Hi all.

Right, I am currently in dispute with a Debt Collection agency. I have written to them on numerous occasions asking them to prove the debt. Nothing has been provided.

I have said on several occasions that I will happily pay the debt if they send through the proof but they have not done so. I recently received a County Court Letter through the post, and today have received an offer of 'Mediation'.

With regards to the Mediation, I cannot see any point in there being a mediation appointment, because I still haven't had the proof I require in order to acknowledge the debt. My question therefore is:

1 - do I agree to mediation and in the discussion repeat my previous assertions that I will pay the debt as soon as proof that i owe it is provided?

OR

2 - do I not agree to mediation?

Apologies if I have not made that particularly clear - it is a very lengthy one to try and explain. I just don't want the case to end up going to court and for proof of my debt to suddenly appear, which them lumbers me with the potential original debt PLUS court fees etc.

sourcrates

Legal beagles is the place to be asking about this, they are more geared up to give the correct advice, unless our own Just -Di manages to catch this that is.

Just_Di

DebtFreePlanning wrote: »

I recently received a County Court Letter through the post, and today have received an offer of 'Mediation'.

. . . do I agree to mediation and in the discussion repeat my previous assertions that I will pay the debt as soon as proof that i owe it is provided?

. . . . I just don't want the case to end up going to court and for proof of my debt to suddenly appear, which them lumbers me with the potential original debt PLUS court fees etc.

If you've got as far as an offer of Mediation (from the court) then you will already have filed your Defence and have possibly received a Directions Questionnaire. So what was the basis of your Defence?

A little more information will be needed in order to suggest how you manage the situation especially since debt purchasers and their instructed solicitors all behave in different ways.

Who is the Claimant, who was the original creditor, what was the financial product (credit card, loan, overdraft etc) and how much is being claimed?

You say you've asked them for proof of the debt but was this done as a formal s 77-79 CCA Request (if it was a credit card, loan, catalogue etc) or did you simply ask them to produce documents?

Mediation is offered in an attempt to settle a claim without the need to battle it out in court. If you already know that you can't/won't settle without the documents you've requested then Mediation may not be appropriate since it is destined to fail.

A lot depends on the amount claimed and the likelihood of the Claimant being able to produce what's needed before any Hearing. If you're willing and can afford to pay this debt, then as long as you pay any CCJ within 28 days of the Order then it shouldn't be recorded on your CRA file.

Di

DebtFreePlanning

Thank you both for your replies - most appreciated.

I filed my defence on the basis that I had requested on ten occasions (in writing) that I was sent proof of the debt that I owe. In all of the letters that I provided in my defence, I repeatedly said that as soon I have received proof of the debt I would review it and - if it is valid - I will pay it in full.

The Original Creditor is a Mobile Phone company, and the claimant is Lowell. My reason for wanting the proof before paying is that the debt goes back 4 years. It's a very long story, but at the time I took an agreement out which I cancelled, and took a second agreement out to replace this. As far as I can recall, the second agreement was paid in full and my suspicion is that they are chasing payment on the original contract that was cancelled.

In terms of how I asked for the proof, I simply asked them on numerous occasions (in writing) to provide the proof.I have received nothing back, apart from several further letters to chase the debt.

Just_Di

DebtFreePlanning wrote: »

I filed my defence on the basis that I had requested on ten occasions (in writing) that I was sent proof of the debt that I owe. In all of the letters that I provided in my defence, I repeatedly said that as soon I have received proof of the debt I would review it and - if it is valid - I will pay it in full.

The Original Creditor is a Mobile Phone company, and the claimant is Lowell. My reason for wanting the proof before paying is that the debt goes back 4 years. It's a very long story, but at the time I took an agreement out which I cancelled, and took a second agreement out to replace this. As far as I can recall, the second agreement was paid in full and my suspicion is that they are chasing payment on the original contract that was cancelled.

It seems perfectly reasonable to want to know what the Claimant is claiming and why they think they have the right to claim it. The onus is on them to prove their claim.

Since these are ongoing legal proceedings you could send them a letter headed Request for documents under CPR 31.14. Ask them for whatever is mentioned in the Particulars of Claim such as the contract or agreement, the Default Notice (if relevant) the Notice of Assignment and the Deed of Assignment, and statements relating to the account.

I would also send a Subject Access Request to the Mobile Phone company so you can see the history of the two accounts for yourself.

I see that you included some of your letters to Lowell with your Defence, normally that would be something to evidence at the Witness Statement stage. However since you've now disclosed those in a formal manner they can't say they haven't seen them.

Di