Just got an SMS from lowell 'please call us urgently, ref xyz'.

So I did, it turned out it was a different matter entirely, one which they had actually marked on their own ****ty systems as paid off.

just remember DCA's are not bailiffs

they have no such legal powers.

ideally you should never phone a dca nor discuss your debts on the phone or at your door.

there is no legal remit that compels you to do so.

dx

I normally ignore such correspondence, I just assumed being 5pm on a Friday with mediation on a Monday that they wanted to say something about the documents I had requested. Evidently not.

The mediator just call me,

I explained that I don't recognise the validity of the original charges and then I don't see that there's a valid default or assignment for Lowell to claim under so while I am willing to settle it won't be for much. [slight fly in the ointment, I may be out of the country when proceedings take place - though I didn't mention that!]

Mediator said solicitors they haven't received documents from BT. They offered £230 to settle. I said £50.

total claim is £200 + costs + solicitor fees.

They offered £230 to settle. I said £50.

They have come back with £220, I said 'I don't think they are taking the commercial realities of this very seriously, if they go ahead they have costs to go to court and they can't claim any more from the court. I will offer £60 in the same spirit but they should understand that it's free money and if they go forward with this is going to cost them with little prospect of return."

Their response was 'sorry £220 is our final offer'

Not really sure what planet they are on, how much will it actually cost them to go to court, process my document requests, etc., and even then they've only got a limited chance of success.

Perhaps it's a policy pour encourager les autres rather than a commercial assessment of the claim value....

Let them proceed then..they will have to pay a hearing fee which is a sliding figure based on the value of the claim..but if you look at various threads from the same claimants on the same type of debt you will notice they tend to lose interest once a defence is submitted and discontinue their claims.....£60 is way too much..try a £1 if they respond further.

Andy

£25 for the hearing, plus they need to send someone to my local court which must cost them well north of £100?

£25 for the hearing, plus they need to send someone to my local court which must cost them well north of £100?

If they attend...most cases they dont turn up and the claim is dismissed.

Well I have a case date now. Unfortunately I will be out of the country at the time and for several months (at least 4) thereafter.

Do I have to attend, or is there another option?

Did you state in your DQ the dates that you would not be available Mike ?

You still have to comply with the directions stated in the Notice of Allocation...Witness statement and Disclosure of documents.

Andy

No I didn't state anything in my DQ about that, as I didn't know at the time.

they have now filed a notice of discontinuation. So no court date for me to miss!

well done check with court in 5-6 days to confirm

Well done Mike...delighted for you.

Thread title amended to reflect the outcome

Regards

Andy