Court claim out the blue

[thunderpuss2k]

Slightly off-topic, but still bank related all the same. Out the blue, without any warning, LBA, and nothing for at least the last six months, I get a CC Claim Form from 'Bryan Carter & Co Solicitors', acting on behalf of Co-Operative Bank plc. Here's the interesting bit I thought I'd share with you.

 

the claimant claims £277.00, such sum being part of a debt due under an agreement number XXXXX ("The Agreement") whereby the defendent agreed to pay the claimant £3055.96 ("The Debt").

 

For the avoidance of doubt in making this claim for a part of the debt the claimant does not waive any rights as to the balance of the debt, which the defendent continues to owe to the claimant under the agreement. The claimant reserved the right to make further claims for such sums of the debt as remain outstanding.

 

Mmmm. What agreement? And why only claim part of it? Oh, and why this suddenly out the blue with nothing preceding it?

 

Curious and curiouser.. I've filed an AOS today and fired off a letter to

Bryan Carter giving them 21 days to provide a true copy of the contract, and also to explain how they reached both figures. If they don't, I intend to apply for the claim to be struck out on the grounds that is is unsubstantiated and does not disclose any reasonable cause of action against me.

 

Would this have anything to do with me going after Smile/Co-Op for £735.50? Seems all too coincidental..

[welly]

HMMMmmm sounds a bit funny and see what they say to to your letter and see if they can provide the agreement and sounds like they are trying to get back at you:(

 

Keep us updated and go get Erm;)

[NitrousOxide]

I've been here before with BC&Co.

Basically capitol one haven't given them permission to issue county court proceedings. This is a crafty way of BC&Co. getting thier own fees but using capitol ones name to do so. You would not believe how nasty these people can be.

I'm applying for mine to be set aside as I had circumstances where I didn't realise it had happened. The outcome would have been different as well.

 

DO NOT listen to the advice they give and not return the form. Fill it in! If you have any defence at all then I would quickly do it.

 

Have you recieved a default notice? Have they supplied a true signed agreement? Is it statute barred?

If not you can put that as a defence.

I'm sorry if I sound like I'm trying to get the OP off the hook but these people are nasty. My mother was dying and I came out of work to look after her with my dad, I had nothing. I told BC&Co. this but guess what they did.

 

Dispute the debt on the grounds that the charges levied are unlawfull.

[monkey_uk]

I'm sorry if I sound like I'm trying to get the OP off the hook

 

It seems that is exactly what you're trying to do.

 

 

good on ya, keep it up!

[thunderpuss2k]

Letter from Bryan Carter this morning, enclosing a copy of the 'Notice of Discontinuance' that they sent to Northampton County Court. That'll be a 'no we can't provide any of the things you asked for' then..

 

Thanks for everyone for their advice and support!