Had a default placed on my account by these lovely people, had some hilarious letters sent back by them basically telling me to get lost.

S.A.R - (Subject Access Request) request sent yesterday, going to reclaim any charges and get the default off too. Should be relatively simple!

Yep, Cap1 are quite straightforward.

You WILL have to file court action, but they normally fold before it gets into court.

Yeah i've been reading up on the wins with Capital One. I have no problems taking it to court, the default amount is only £300 odd, and was applied 4 years ago. Based upon that, and the fact most of it is made up charges i'm hoping they wont bother persuing a court case for such a small amount of money.

All statements and manual intervention recieved today (very promptly, and Special Delivery too!).

Charges only amount to £360, spanning a year but the point is it amounts to more than the default amount they placed on my credit file (hurrah!). Preliminary Request for Repayment to be sent first thing tomorrow.

Are you going to ask for Contractual Interest?

The standard 8%? Yup

Ok, the 8% you can ask for at the court stage, not in your preliminary letter. You will probably get a small offer of some charges back, but if you follow the procedures you should get all of your charges back. You will have to file with the court first though. It has been this way for over a year now.

Uk

Yeah i realised my error this morning, i've sent out the letter not inclusive of any interest charges, and i've stated this in my Preliminary letter. I will argue the Interest if/when it gets to a court stage, we're not talking a massive amount here though, roughly £30.

The main thing i'm looking to resolve is the outstanding default, which is less than the total accumilated charges.

Reply recieved nice and quickly today. Offering me the difference (as expected)

Quick question though in terms of next steps. Shall i get a copy of the CCA and send the LBA still (accepting the partial offer).

Sent rejection letter today!

Good, now the wait. .

Long wait no doubt, given the postal strikes.

LBA, then Court Action! Hooray!

Recieved a reply to my rejection letter!

Generic words to the effect of:

'Our offer stands, get lost sucker, here sign another form (which they didnt attach), this is my final letter, let's put this behind us so we can save the court's valuable time.'

Ellie Renshaw.

I find the last bit hilarious! Save the courts valuable time! How about you just pay me instead then!

I'm going to file an N1 soon (when funds allow as decorating comes first!). How much does is cost to file? Amount is only around £350...

I suppose the steps after filing will include, full offer, neglecting the default on my Credit File. They tell the court i've settled. I then disagree, they remove default, i go and buy my new tv?

Remember to mention clearly on your N1 that this is regarding a credit card account otherwise it gets stayed automatically until the OFT case.....i made this mistake and then had to send separate forms and charges requesting a lift on the stay...

Where abouts? They wont be offended by CAPITALS will they?

When I handed mine in the clerk said they knew Crap One it weren't bank claims so there wouldn't be a problem, and there wasn't. To make sure, I put "......return of penalty charges levied to the claimants Crdit Card Account" in the Brief Details of Claim part on the first page of the N1. Suppose it depends what Court it is as well and how up on things they are. I filed at Walsall. Did the same on OH's Snatchwest claim and that hasn't been stayed either.

Thanks Wendy - how much was the fee for filing?

It was £80 when I did my Crap One claim, but the fees have changed now from 1st October. Have copied from Courts website for you

up to £300

£300.01 – £500

£500.01 – £1,000

£1,000.01 – £1,500

£1,500.01 – £3,000

£3,000.01 – £5,000

Sorry if it seams that I'm hijackking I'ts not my intention!

hi I'm Claiming

£818 in Charges

£230 Self litigation Fee

£211.25 Stat 8% interest to date and

daily rate of £0.18

when I put total claimed on my N1 do I include the stat interest to date ie; total ammount claimed £1259.25 or £1048.00

I would be grateful for any help

Thats what I did on mine, except I didn't have a self litigation fee (whatever that is). I put the part about the daily rate underneath the total that I'd put in the value part.

As you've already got a Capital One thread of your own best thing to do would be to post any questions on that.

Is it worth applying for CCA before i proceed to court?

I want to get a default removed, and feel this could come in useful for leverage.

Andy

UK and Doo (Ithink) is your best bets for this one, but as far as I know you should be able to get the default removed if the charges make up the most part of the default. The advice is to claim default and charges as the same claim.

Might do that first then, wait the 14 days then issue the N1

Hi Andy

I would get a CCA anyway. I have a feeling you may have an Application form and not a fully executed agreement. Worth a look. If this is the case then let us know.

I don't remember signing anything! But then again it was 2002 and that was an awful long time ago.

CCA sent today - recorded delivery.