Charges refunded-Default removal refused- Any advice

[Joa]

Guys, I need a little bit of encouragement. I tell you what it is: I went through the process and Cap1 has finally paid my charges back into my credit card account. But they have refused to remove the default, which was incurred due to these charges. I have made removal of the default a part of my claim. Now, the Cap1 has informed the court that they have settled in full. The court wrote to me to confirm. I know that I am right and that other banks have previously removed defaults in situations like mine. I am thinking of writing to the court to say that the claim is only partially settled. Has anyone of you got any experience with default removal?

[Armsoft]

Joa,
Can`t give you any advice on this one, sorry.
I am seeking the same remedy on my claim against Cap1, so will be following your thread with interest.
Did you have to file before they paid out? did they make any offer before filing?
As far as encouragement goes, I got just under £2k from Halifax, and there are a lot of people on the site who have got more, you just need to stick with it, and remember, you are in the right and they are in the wrong, all the banks are the same regardless of who it is, not one bank has gone to court so far, and I can`t see them going anytime soon, so stick to your guns, and most of all, take the advice of the Mods, they know what their talking about.

[Joa]

Yeah; I've filed MCOL, I received their partial offfer, I accepted but said will pursue the rest, so now they have offered a full financial settlement but will not remove the default.

[jodyperry]

hi

i am due to fill out my mcol today but dont know what to put in with regards to getting defaults removed. Sorry i can't help you here but i wonder if you could tell me how you worded your POC to include the default removal? thanks

[Joa]

I have used a template letter, which includes the "default removal" issues. You used to be able to fnd it in the Templates Library- but for some reason the paragraph about the deafult removal was removed.
Anyway, this is my POC:
I am claiming the return of money taken by
the defendant in the way of charges over
the last year plus interest under s69 of
the County Courts Act 1984 at the rate of
8% a year from xxx to xxxx of
£xxx. The charges are a disproportionate
penalty and are unenforceable as they are
contrary to common law. Further, as a
disproportionate penalty they are invalid
under the Unfair (Contracts) Terms Act 1977
s.4 and under the Unfair Terms in Consumer
Contracts Regulations 1999. Para.8 and sch.2
(1)(e).In the event that the charges aren't
a penalty then they are unreasonable within
the meaning of the Supply of Goods and
Services Act 1982 s.15.I repeatedly asked
the bank to justify their charges but they
have declined to do so.The defendant has also
entered a default notice against my credit
record. This default occurred because of
unlawful charges levied by the defendant.I
require that the defendant removes the
default entry from the register.


Perhaps a moderator could explain why no references to defaults in the templates anymore? Why is it still here: 3. Letter before action - Consumer version - asking for it back
but not here:
5. Money Claim On-Line (MCOL) Particulars of Claim
or here:
4. Particulars of claim - N1 - updated version now available

[gizmo111]

You have to file a N1 for default removal as MCOL is for money claims only.
With regards the default removal have a look here - http://www.consumeractiongroup.co.uk...got-money.html

and also in the default section where there has been some success in default removal.

[Joa]

Thanks gizmo, that explains a lot.