This topic was closed on 11 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 11 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

That sounds like good advice, I will write to the cra's and outline the situation and ask for this to be added to my file, I have just realised that a good part of the debt is probably down to charges, so I also intend to try and claim this back. btw the issue has just become more urgent as I have been offered another job, they mentioned a reference check using a firm called crawl, anyone know anything about them?

First of all a big well done to all the regular contributors to this site who have helped it grow into the amazing resource it has become, I have succesfully claimed back charges from a variety of banks and cc companies and its all down to the good advice I've picked up on here. Anyway on to my question,I have recently had a job offer recinded because I failed a credit check. This is probably due to two defaults on my account (waiting on my most recent credit reports) , the first default was made up of bank charges and is settled,plus charges have been refunded, and I am in the process of trying to get this removed via the small claims route. My problem is with the other default. I had a credit card and a flexable loan account with Cahoot started jan 2003, I ran into problems with them mid 2003 and tried to setup a payment plan, as usual they demanded a silly amount, stupidly I let things run and ignored them, as a result the cc acount was defaulted at £3500 mid 2004 and the loan account is marked inactive with a similar balance. About a year ago I tried to contact them about repaying the debt they said that it had been sold to a debt collection company, who when I called them said they had no record of the debt.I have had no letters about the debt probably due to having changed address a few times, and until now had little motivation in tracking down my creditors. So thats the background, I'm looking for advice on how to deal with this, as it seems to be a real barrier to me getting a job. As I see it my options are: Request a signed copy of the default notice if not available ask for it to be removed; try to arrange a settlement figure/repayment plan, or argue that it should be removed from my credit file due to the contract being terminated. As a last resort I am considering trying to force manual processing of my credit file. I realise the fact that the default is not settled puts me on very thin ice with regard to getting it removed, but I need to do something soon. All suggestions and thoughts are appreciated. cheers

Thanks for the excellent advice. I sent off the LBA inluding the wording about the default and got a rather snotty reply telling me that they stood by their original decison not to refund the full amount of charges and that they could assure me that the charges had not been recorded on my credit record!!. Either ,they were too thick, to understand my argument, that £2300 worth of charges including £715 in the last 6 mths eventually put me in some financial difficulty, and led to the default, or they are dodging the question. In anycase I submitted my first claim today, for £742.00 plus 8% interest, will keep this thread updated as things progress.

Time for an update, I waited an extra few days so that they had the full 28 days then I went ahead and filed. The staff at the court were very helpful and I eventually got the form sorted and submitted. The summons was sent out on the 31st of may for £620. This morning I got a letter denying any liability but offerering to settle for the full amount plus 8% interest on each charge. :)

I would not give them any more time. Stick to your deadlines, I recieved no response to my LBA and went ahead and filed my claim, a letter arrived today about 2 weeks after filing, offering to settle for the full amount

Congratulations indeed!! I have one question about the forms, how did you ask for the 8% interest back in section four on the small claims doc. I was told by the sheriffs clerk, that you cannot just claim 8% from the date of service of every charge,rather you need to give an actual date or something. And that normally the 8% would be calculated on the amount clamied from the date of service of the summons. She also said they were getting alot of these.

Hi There. Firstly good luck with your claim,I am about to file against capital 1 and Bos credit card tomorrow, in edinburgh. I have a couple of questions, what address did you put down for the defender,is the northampton one ok?, secondly I take you just go up to the reception and tell them you would like to file a small claims action?

If you have recieved £100 say from 5 charges, I would delete the last five charges on the spreadsheet,thats what I have done with mine anyway.

Sorry I gave them 14 days to respond to the LBA, which I sent off after they had responded to the prelim letter, infact it will be closer to 19 days when I file the claim tomorrow,I think that is long for them to respond dont you?

I have been with Bos since I was a student,I knew that they had totally ripped me off with charges but didnt realise it was to the tune of £2500 until I got the statements! they also lodged a default notice against me,I have since settled the account,but more on that later. using the template letters on this site and some info from the govan law site (i'm in scotland btw) i sent off my prelim letter. Got a very speedy response from their customer service team saying someone would be intouch. right enough I got a phonecall the next day, the guy wanted to discuss my complaint,he was actually very nice about it saying he understood where I was coming from and was I willing to forget about it for oh... say £213, I told him i would be looking for the full amount... he whined on for a bit longer then offered me £400,again I said no, then he said "ok in this situation we have been told to refund your worst 6mths worth of charges" which in my case was £713, (just shows you how much they were screwing me at the time), iIrefused again and he said ok i know how you feel etc,but they were not prepared to refund the charges.I have since got a letter say we are sorry you choose not to accept our offer etc. One interesting thing in the letter they claimed the charges were to cover their costs,which I assume is good as this will never stand up in court. Right now I am about to send them off the LBA from the govan law website with some alterations. will update this thread as and when they reply. Just finally I have a question regarding the removal of the default on my account,at the time I was defaulted I was ~£760 over my od limit,albeit only for a few weeks or so. The default came about as a result of my going £700 over my limit in just a couple of weeks,due to checks cashed etc. In the 8mths prior to this they had charged me ~£900 in charges,am I right to argue that the default was soley due to the illegal charges they levied on my account,as the charges compounded my financial difficulty, and prevented me getting back on my feet,which culminated in the default

Hi there, I have been lurking on this excellent site now for quite a while and have used alot of the info provided to start the process of claiming back my charges from various banks,credit card companies,etc.Its got to the interesting stage now so I thought I would let you know how things are going. First off capital one,(will post the bos and bos visa,in their relative sub forums) I sent off for my statements and worked out they owed me £488, I also used the interest calculator,I found on here,to calculate the interest they had charged me on this which came to £160 odd. Sent off the first letter no reply after 7 days,sent off the LBA and got what seems to be the standard line from Mr. Uddy giving me back the £40 I need to file a claim against them. So 14 days are up now and I will be filing a claim for £725 tomorrow. will let you know how things go.