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Taken to court for only part of debt owing


meshi
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Guys and girls really need some advice.

 

Just received a county court claim for a debt. Now having read the forum I will send out CCA and DPA request etc.

 

But here is the weird thing.

 

I owe £5455.00 but they have only issued a claim for £287.00. On the claim form they state that they are only claiming part of the debt but it goes on to say for the avoidance of doubt in making a part claim of the debt the claimant does not waive any right to the remainder of the balance.

 

Surely they cant do this you could have infinty amount of claims against 1 debt otherwise.

 

I want them to claim the whole lot it would make sense but I just dont get it. Now Im going to request more time i.e 28 days but can they do this. Surely its a breach of court procedures to bring me to court a number of times for the same debt.

 

Any advice please

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Hi,

They've done this many times before.

Have you done a CCA request yet? Any dispute on the account? I've heard they generally drop it if you defend well.

 

No but I will. The owners of the debt are RBS (in relation to a credit card).

 

I have also just been informed that the you cannot be bought to court twice for the same contract regardless what it says on the claim (unless you have 2 seperate claims). Can you or anyone confirm this.

 

should I send the CCA to RBS as they still own the debt and then Data Protection Act bryan carter and RBS.

 

It also seems to gone up from £5000 to £5455

 

they also sent me a letter dayed 9th may

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Ooooo our friends Bryan Carter again.

You really need to read this thread:

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/89012-brian-carter-co-solicitors.html?highlight=brian+carter

This guy has stopped trading so anything they have sent out after Feb 28 07 is unlawful and cannot be actioned.

Be VERY careful whose advice you listen too

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