Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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Thread: is this common

  1. #1
    HUSBANDKHAN
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    Exclamation is this common

    in 2002 i opened a opened a credit card account with Capital Oneicon. 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 SARicon. 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 SARicon sent to capital one.

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  2. #2
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    Default Re: is this common

    It doesn't matter that it has been passed to a DCAicon, 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

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    Default Re: is this common

    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 requesticon), 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.

    Apologies to people who I was in the process of helping, I may be gone some time.

  4. #4
    HUSBANDKHAN
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    Default Re: is this common

    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.



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE