Thanks alot for your email - they did offer the £138 but no mention of the FOS so I will wait and see what they come back with first and then go via the FOS if they don't cough up!

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I have started a new thread as I am now looking for some fresh advice/pointers. In Jan this year I received a default for my crap one card, owing just over £400. I knew this was all charges so have started my retaliation. I have recently had some goodwill monies refunded (£36) and now have received my full PPI plus interest of around £60 refunded. I now need to hit them with my overlimit fees and non payment fees etc. My balance is now around £335 and since Jan 05 when I had the account I have been hit with £856 worth of charges. I received a letter from CO offering me £138 in full and final settement of my claim - well I think we all know the answer to that offer! I was then fortunate to have some help in finding the money saving expert calculator whereby it works out the interest per charge, so I have done this schedule and sent it to them - the total I am claiming i now just over £1,000. I wrote to CO yesterday RD enclosing a schedule of fees and declining their offer of £138...... this is the letter. Thank you for your recent offer of £138.00 as a gesture of goodwill, I must inform you that I will not be accepting this offer. As outlined in my earlier correspondence I explained that the charges you have applied to my account are contrary to the UTCCR, furthermore in the alternative, I believe that your charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79, along with Murray v Leisure Play [2005] EWCA Civ 963. As I am being pursued by Frederickson International for a balance of £388.59, minus £51.17 off PPI and £4.07 of associated interest which you have recently refunded, leaving a balance owing of £333.35, I offer you two options to resolve this matter: You refund me in full and final settlement of £1,004.51 as per the attached schedule of the charges and interest at the statutory rate, the amount the Court will award. You settle the balance direct with Frederickson International of £333.35 and refund me the remaining amount of £671.16 In addition to the full payment of the sum mentioned above, I require that you remove the Default Notice and any adverse comments from the register. Please note that mere correction or amendment to the entry will not be acceptable. I would remind you that the misuse of personal data in this way is contrary to the Data Protection Act and is probably defamatory. As you are fully aware, I only had a £200.00 credit limit on my account and did not have the facility to spend over that limit. The only reason my account went over this amount is purely because of unlawful penalty charges levied onto the account by Capital One. Although my original letter informed you that I would start legal proceedings within 14 days, as a gesture of goodwill, I will give you an extra 14 days to resolve this matter out of court. If this is not done within 14 days, I will be forced to start legal proceedings to recover this money and to have the Default Notice removed from my credit file. This will inevitably involve you in more costs. I hope this letter reads OK and if anyone has any thoughts please let me know - however this letter was posted to them yesterday! Now my next course of action is obviously going to be the Court form if they do not come back to me within the 14 days. Has anyone ever got to court stage and if so how much does it cost to get the forms underway to get the Default removed and then charged to Crap One? Thanks

Its worth doing. Have just registered online at the MCOL so I can process the claim after the 14 days when they received the letter, hopefully it won't come to this though

How much of your debt is charges? I have worked out that my charges since 2005 are £856 plus statutory interest takes it to just over a grand - its worth it!

What is the next step should I need to issue the claim to get the Default removed and take this to Court - can someone tell me what form I need to complete so I can get the ball rolling should they not offer the full refund?

I have completely changed the letter to a 2 page effort so they will be getting that tomorrow hee hee !

I had my FULL PPI refunded at the first request (apparently) but have yet to receive another of their chaser letters telling me the current balance! I am now in the process of claiming back my charges, out of the £900 they owe me they offered £138! I have since gone onto www.moneysavingexpert.com and used their calculator to claim interest and it amounts to well over £1,000 so I will be putting a letter together today to get that sorted out. They tend to put the money onto the account but they "should" send you the remainder via cheque. I cant imagine they will just refund you direct if you still owe them money though Was your claim for unlawful charges or for PPI?

Is there a letter I can send please to this effect?

Have received a letter from Cabot stating debt is SB and they cannot chase it, perhaps this one wasnt relating to a CCJ then!

Ok that's great thanks, I will work this all out tonight and start again from scratch and see what useless offer they come up with!

Also can I do this on the interest charges or is it JUST for unlawful charges?

Thanks. I have just logged onto this website and I have to put in each amount and the date and add this up, oh this will be fun lol as I think it will be much more than they are expecting!

Thanks. So I am trying to get £900 out of them but they have just refunded my PPI of £51.17 so do I charge 8% on the remainder and times it by 4 i.e. have had the account since Jan 05 so therefore 4 years?

Can someone give me their thoughts on my next letter which I would like to send asap please, thanks... RE: Your Reference ***/***/**-******* Account Number - **** **** **** **** Thank you for your recent offer of £138 as a gesture of goodwill, I must inform you that I will not be accepting this offer. As outlined in my earlier correspondence I explained that the charges you have applied to my account are contrary to the UTCCR, furthermore in the alternative, I believe that your charges are a Penalty. Penalty charges are irrecoverable at common law. The prcedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79, along with Murray v Leisure Play [2005] EWCA Civ 963. As I am being pursued by Debitas Legal Services for a balance of £338.59, which is because you sold my account to them, I offer you two options to resolve this matter. You refund me in full £900 plus any interest and I will pay Fredrickson International their balance of £338.59. You settle the balance with Fredrickson International and refund the remaining amount from the £900.00 plus any interest to me. In addition to this I require the default notice to be removed from my credit record. As you know I only had a £200 credit limit on my account and did not have the facility to sepndover that limit. The only reason my account went over this amount is purely because of unlawful penalty chrges levied onto the account by Capital One Bank, Although in my original letter I informed you that I would start legal proceedings within 14 days, as a gesture of good will, I will give you an extra 14 days to resolve this. I fhtis is not done within 14 days, I will be forced to start legal proceedings to recover this money and to have the default notice removed from my credit file. This will inevitably involve you in more costs. You will recieve no further warnings. Yours sincerely,

Can anyone help me re charging Crap One a daily percentage charge whilst they dilly and dally about with refunded my unlawful charges in excess of £900 since Jan 05. I have read various posts and some had a spreadsheet or something that showed a daily charge, think there was one that was being charged 16p a day, but if someone can help or point me in the right direction it would be great, thanks

I have been reading a thread which started about 3 years ago whereby interest was added to the original claim etc., now does anyone know anything about this please as I really do want to sting them for this!

Do I accept the partial refund and then continue to claim the rest or do I have to decline the partial refund Crap One have offered and continue my case?

Yeah right as if they are going to do something like that! Actually whilst I think of it, the letter offering me the refund was from Miss Maternity Leave - don't tell me she is now working from home!

Thats great thanks will get that off to them on Monday and wait god knows how many weeks for them to reply!

ok I am having a slight blonde moment and cannot find the letter on that website, can someone post up the link or the actual letter please?

lovely great thanks, I will get this sent off on Monday as I need to sit down and go through paperwork to ensure I send the correct figures - deep joy!

Thanks for the email - they decreased it because of my credit rating. The thing is I have now found out that being over your credit limit is then recorded on your credit file and this reduces your score. I have written to them to ask whether they propose to do anything about their recordings so not to affect my score, but in two months/payments time I shall be back under the £150 limit anyway!

I have today received an offer of my full PPI back and partial refund of charges i.e. they have offered to reduce my default sume pre Sept 06 to £12 each and have offered me £128 plus £10 acknowledgement of interest. Now I do not have my paperwork with me today to cross check these figures and see if they are doing me over (which they probably are!) BUT I would still owe £195 in charges if I accepted this. I have a default on my CRA because of all these charges, now what I need to do is get this default removed because its their charges that have put this on my CRA - can I send them a letter re this? Also what is the next stage of the letter to say NOPE refusing your offer I want the FULL refund? Thanks

I have today received a letter refunding the FULL PPI of £51.17 plus associated interest of £4.09 - this has already been refunded apparently - still lives a £300 + balance though of charges!