is this common

in 2002 i opened a opened a credit card account with capital one. In 2004 this went into default etc . The last i heard was in feburary 2005 when their solicitors wrote to me to threaten legal action. I wrote of to capital one for my S.A.R - (Subject Access Request). Today i phoned them up and they told me to talk to their dc which i did. the dc then gave the phone number to their solicitors. when i spoke to them they told me that they had issued in the small claims court in january this year. I was a bit surprised at this. Anyway to cut story short they said sort a payment out by 12th of this month or we will re issue. I told them that the account was in dispute. The solicitor office said to me " we cant give 2 hoots about this" you had all this year to reply to the summons and you are asking now ? It is too late. threatning a summons is one thing they are saying its already been issued. Now i have been told by capital one that as they are no longer dealing with this i need to speak to fredrickson. Capital have acknowledged reciept of the cheque. what do i do now ? I have written to the solicitors disputing the whole balance and also a copy of the S.A.R - (Subject Access Request) sent to capital one.

[ED1237]

It doesn't matter that it has been passed to a DCA, Capital 1 still have a legal obligation to provide the information. I would personally right to the solicitors advising the whole amount is dispute and will be defended on this basis. Do not forget to send it recorded. If they do re-issue a summons I would PM a mod for help, possibly with a counter claim

[Bookworm]

Anyway to cut story short they said sort a payment out by 12th of this month or we will re issue.

They can't "re-issue" a summons, either they issued one and got a CCJ against you, or they didn't.

Write back to Cap1 reminding them the clock is ticking on the S.A.R - (Subject Access Request), and they have x days left to comply.

STOP PHONING THEM!!! As you saw today, they'll only run rings around you.

Then, find the "Amount is in dispute, any claim will be vigorously contested and defended letter" on the forum and fire that off to solicitors ASAP.

No ccj. As of yet. If i hadnt phoned i would not have found out this story about a summons being issued etc !!! Thanks ill pop the letter in the post morrow morning.