Cap1 playing about

[blackrain]

I am over my limit by about £80 but I am refusing to pay due to the account being in dispute as I want a refund of charges. They gave me a £80 gesture of goodwill but it still leaves them owing me more than I owe them.

They threatened me with a default and refuse to accept the account is in dispute. Today they said again they will not hold off the default.

I have sent the prelim and then the LBA and I followed that up with about 3 other letters so the courts will see I have given them every opportunity to settle.

I have been told that they can't default me if the account is in dispute. Do I need to 1) start a claim to 'officially' put the account in dispute? and 2) anyone got any 'legal blurb' about accounts in dispute that I can throw back at the delightful Mr Udy?

[Jhawc24]

I've had the same problem, cap1 have defaulted my account after issuing court proceedings (full settlement just received ). I have written a prelim giving them 14 days to remove, but won't hold my breath. It will cost £150 court fee to issue a claim for it's removal, although I will reclaim this. I wrote to them quoting Section 13.6 of the banking code which means they cannot supply details of the debt to CRA's when the amount is in dispute prior to the issue of the default. But they totally ignored it.

http://www.bankingcode.org.uk/pdfdoc...ING%20CODE.pdf

The account is in dispute as soon as you send the initial letter requesting copies of statements. Not sure but you may be best to wait and see if they add the default before starting court claim and then you can include it.

Good luck, Joan.

[blackrain]

Thanks for the info. Not sure I can afford £150. I suppose the other route is to pay the overlimit which is less so they can't default and then get it back from them on my MCOL. The funny thing would be that if I pay up and then win they would owe me more than the whole balance of the card.

[Jhawc24]

A much better idea, you will get it all back. Mine has been settled with more than what was on the card, so just awaiting the cheque.

Regards, Joan

[sowerby17]

why dont you agree to pay say £20 per month off the overlimit charge as that is all you can afford. That way they wont default you and when you get your money back you wont have to pay £150 to get the default removed