It is a current account debt - I had a loan too, same account number, so once I stopped being able to pay that, co-operative bank merged the balances, stopped interest and charges and then sent out default notice. The form may have been countersigned, there are a couple of squigles in a box under the one containing my name. Hard to tell as illegible. About a third of the page is what looks like it could be terms and conditions but one can't make out a single word.

I've finally received an illegible copy of what may be a credit agreement from Heaton's. The only things I can actually read are 'Brittania Current Account Application Form' and my name. There is nothing to show any transfer to the co-operative bank. There are also a year or so of bank statements but not including recent payments (after a default notice was served?). Accompanying this is a form to withdraw my defence and consent to the full amount including costs, and if I don't do this they'll refer the matter to a judge for further consideration. Given their treatment I don't feel able to do this. I don't mind paying what I owe (over time) but the court case was very much down to their not accepting payments. Any thoughts on what is best to do - ask for a better copy and proof of transfer to Co-op? wait for a judge to decide? File a new defence? Thanks

A payment of £14 is now due according to the payments agreed that Heaton's claim I haven't kept to. Given I am waiting for the CCA and the court action they started is in progress, should I still pay? I don't want to undermine my defence re waiting for CCA but I also don't want to jeopordise my position by not making regular payments. Thanks.

Yes, all done, thanks; cca request hand delivered to local bank branch with a copy faxed through to Heatons Llp solicitors. County Court defence submitted with a few hours to spare. Not last minute at all

embarresed to say it but deadine for county court defence is 4pm today! oops. Thanks ever so much for all this help. Its loads better than advice I've received elsewhere. I had got two different defences up and ready to submit - one as you've stated and just in case I'd got it all wrong, a partial admission just disputing penalty charges and court fees. I'll hand deliver the credit agreement request to the bank so that it is done before the court filing and save any arguments there and cc a faxed copy to Heatons LLP, the solicitors acting for them.

Nice one, thank you. I've been reading and reading on this site but can't quite find the answers I'm looking for. The court defence needs to be filed before the time limit for coming up with the agreements expires. If I understand you correctly, I file a defence that I'm waiting for these documents? (its not contesting jurisdiction is it?) Should the original agreement be produced, do I then get an opportunity to provide a further defence and perhaps partial admission? Ta

So as regards my court submission, I'd be disputing the entire claim? Does the fact I have been making payments count against me? Are you saying I shouldn't even go into this side of things? Can I bring up issues regarding when payment were made later on? I'd be somewhat suprised if they don't have any original paprerwork. The bulk of the amount is from a loan taken out about 3 years ago. This was then added to my current account balance (overdrawn) once I was unable to keep up the repayments. The current account was opened about 10 years ago. Thanks again.

Hi all. Much advice needed! I've had a County Court Claim issued against me for a £14,000 debt I have with the co-operative bank. This was being collected by (not sold on to) Equidebt / Heatons. We had an agreed payment plan of £14 a month, which I have kept to. In January I got a letter saying payments had not been received and threatening court action. I wrote saying I was up to date. I then got a County Court Claim through the post rather than an answer to my letter. I phoned and again said I'd paid and sent them copies of my credit counterfoils. Equidebt accepted that I had made 2 payments but that the money hadn't been allocated to my account as it didn't have their reference number with it. The cashier at my co-operative bank branch had said she couldn't include the reference with the payment. Equidebt have refused to stop the proceeding against me and instead made the grand offer that, if I admit the full amount claimed, they will continue to accept £14pcm payments and not request a CCJ. This would mean my debt going up £490 in fees and solicitors costs! Obviously I'm not happy about this and feel I should contest at least part of the claim. The debt does include a small sum of excess charges but only about £150 as the co-operative bank were pretty quick and good about stopping interest etc once I told them about my difficulties. Equidebt say the 'missed' payments don't count as having been paid until they had tied them up with my account and thus after the court claim was issued. This seems to me to be a refusal to accept payment on their part. Are their any legal ramifications to this? If I admit part of the debt, and not their fees and solicitors costs and Equidebt / Heatons contest this, will this result in a CCJ against me even if found in my favour? In submitting the admission form to the court, can I make a lower offer of payment? The £14pcm payments were agreed some 6 months ago and since then, whilst my benefits are the same, bus fares have gone up and I'm spending more than expected on posting silly letters to DCAs. Thanks for your help