Is It Still County Court When The Alleged Debt Is Over £5000?

[BARFLY]

With help from this site I've managed to keep several creditors at arms length for about two years now. However, one of the accounts has been sold to to a DCA, with the original creditor ignoring the fact that the account is in dispute. The account stands at about £9000, though charges and interest etc. were added to the account after the original creditor defaulted on a Section 78 request.

 

I,ve a feeling that the DCA is going to go to court with this, even though they have failed to provide any proof of enforceability as required per the CCA. If they've purchased the debt for 10p in the pound isn't it worth them chancing it before the judge when the potential reward is so much larger? Should they proceed down the legal route will the size of the claim mean that it will not be heard in the local county court, and, if so, what does that mean for me?

 

Thanks anyone.

Edited August 14, 2009 by BARFLY

[cerberusalert]

This claim value would normally put you in a position of facing a "fast track" court hearing - if it ever got that far - but it is not a certainty. Fast track has a draw back in relation to potential costs for the loser, but there is one MAJOR advantage - that of Standard Disclosure.

[cashins]

If they've purchased the debt for 10p in the pound isn't it worth them chancing it before the judge when the potential reward is so much larger? Should they proceed down the legal route will the size of the claim mean that it will not be heard in the local county court, and, if so, what does that mean for me?

 

 

Still County Court but more likely to be Fast Track than Small Claims, (over £5000). Doesn't really make much difference to you if you can't pay anyway, implication for them is that if they lose, their own costs and their liability for yours would be more than what they paid for the debt, (if that is the case).

 

Who is the DCA?

 

David

[BARFLY]

Thanks Cerberus. Could you elaborate a touch? Why would the costs be potentially larger? And what is Standard Disclosure? Is a 'fast track' hearing still before a Distraict Judge?

 

Thanks

[BARFLY]

Thanks Cashins. Not sure if I want to name the DCA. Seem to be a few who keep their eyes on this site. Are some more litigious than others?

[cerberusalert]

Why would the costs be potentially larger?

as answered by Cashins in post #3

And what is Standard Disclosure?

Standard Disclosure is to do with providing documents etc that the court may ask for to help with deciding a case.PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS - Ministry of Justice cover disclosure.

 

Both Part 18 requests and standard disclosure are usually excluded by the Civil Proceedure Rules, if the case is allocated to small claims track, however judges do have the discretion to order them even in small claims cases.

 

The advatage of standard disclosure is it is a mechanism to force the banks to disclose their actual costs. See; http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires.html

[BARFLY]

Thanks.

 

So it would seem that the larger the alleged debt, the more chance a DCA takes by proceeding to court without a properly executed agreement. On the basis that it would probably be 'fast tracked', that is.

 

What is the difference? What is a 'fast track' claim? Are these judges more likely to rely on statute and case law?

 

So many questions, I know. But if you don't ask, you'll never know. I know I can trudge through similar listings on here - and I do - but it would be good to hear it concisely here if possible.

[cashins]

A judge is a judge, they sit in all CC cases Small Claims or Fast Track and the rules should be the same.

 

Not sure if I want to name the DCA. Seem to be a few who keep their eyes on this site. Are some more litigious than others?

Yes, some regard initiating court action as part of the collection process.

 

Doesn't actually make them any better at it though and many cases are withdrawn without ever having a court hearing as such.:grin:

 

I would suggest you use the site search function, ie put in the name of your DCA and see what comes up.

 

David

[BARFLY]

Thanks Cashins. So what is the difference between it being allocated small claims or fast track?

[300]

The judge can decide to swap between small claims and fast track at will with no justification required. So if you get a judge that does not like you or thinks you need taking down by allowing costs against you, they do with a c**** look on their faces at the end of the proceedings.