small claims court action cabot

brian36

hi i want to ask if being taken to small claims court do the debt agency have the right to claim the full amount stated by bank? i know they only pay a small amount for the debt, the reason being is i was still disputing amount of debt with bank and as they refused to freeze interest while trying to resolve this i stopped paying it which in turn put me over overdraft limit and although i tried several times to resolve this with them they sold on my debt and now after a year trying to sort that out i have date for going to court. i would though like to know how i stand about having to pay a debt which was disputed as part of bank charges reclaim. it shows on my account paid in full and the amount but not who by, surely they should state who paid it and actual amount many thanks

sourcrates

Hi,
You should of followed the correct complaints procedure with your bank, if they refused to do anything, and that was there final response, you should then of gone to the financial ombudsman for resolution.

Now you have a court date, you can still challenge the amount owed, but you will need to defend the action on that basis.

Your account will show as paid in full, because the debt collector has purchased it, they also purchase all rights and privileges, so can chase you for the full amount plus costs unfortunately.

fatbelly

Sourcrates is correct.

You now have to defend the claim as best you can

Run it past legalbeagles?

http://www.legalbeagles.info/forums/forumdisplay.php?105-Received-a-Court-Claim

brian36

hi thanks again for replies I can now say done and dusted well atleast I think so, stood by my guns and got all the info I needed got the ombudsman involved got a bit of a apology off bank and got a notice of discontinuance from cabot.

National_Debtline

Hi Brian


Well done, sounds like a great outcome and certainly a lot better than looked likely two months ago. Probably worth checking your credit report as well to see what trace if any this debt has left on there.


Dennis
@natdebtline

brian36

yip thanks for that and I will do