Now you come to mention it shadow, it probably isn't a good idea to put the sentence in saying that they reduced the charges. I'll defo edit that one out. The rest of the suggestions are probably necessary come to think of it. They seem to be unsure of the location of their arses and elbows so I'll get rid of the ambiguous bits as highlighted. Ta.

Anyone got any advice on how this can be improved? Cheers, Smudge Dear Court Manager. I have recently received judgement from ***** County Court that my claim against Capital One Bank (Europe) Plc for the reclaim of Credit Card Charges has been stayed by Deputy District Judge ****** until further order, dated the 9th of July 2009. I telephoned the court today and was instructed to write a letter to explain why I feel that this stay has been incorrectly applied. I was informed during the course of the telephone conversation, that the stay had been applied due to the similarity between my claim and the current test case relating to the reclaim of bank charges. My reasons for asking for my case to be heard in isolation from any link to the current bank charges test case and for the stay to be lifted are as follows: The Office of Fair Trading (OFT) investigated credit card fees in 2006 and found them to be unfair. As a result, Credit Card issuers agreed to reduce their charges. Credit card terms and conditions were not featured in the OFT test case, specifically that the OFT test case is concerned only with bank current accounts, and not credit or store cards. In my particular case, Capital One Bank (Europe) is not one of the 8 banks participating in the OFT test case and does not operate current accounts, so should not be limited by the generic stay applied to all current account cases. I would respectfully ask that this judgement be reconsidered, as I am aware of no outstanding generic stay on the reclaim of Credit Card charges. I also understand that there are many people who have successfully sought the reimbursement of Credit Card charges without their claim being processed in relation to the Bank charges test case; which I understand to be related to the penalties attached to current account overdraft charges. I have attached a copy of the OFT report on Credit Card Charges dated April 2006, with reference to my request. Yours Sincerely.

Hi Scott. Thanks for the information its much needed. I called the court today to see what their reasoning behind the stay was, and was told that because it is "similar" to the b/c test case it was being considered by the judge along those lines. They've told me to send in a standard letter format to challenge it, so I'll try that 1st off, and then head down the N244 route when that invariably fails! I'll use the same information you gave me and see how it pans out. It seems either the judge/court needs educating (although I'm sure they've had these claims before) or its a tactic to stall people because of sheer weight of numbers. Smudge

Cheers Scott. Any help would be gratefully received. I'm certainly not getting it from the court. Smudge

Well my Cap1 claim has been processed by the courts and they've stayed the s*dding thing! Anyone know how I go about getting the stay lifted? I assume the judge has skip read it and confused it with bank charges. Not HP. Smudge

No apologies necessary Shadow. I'll let m16 hijack my thread as he's played a blinder for me so far! Smudge

N1 went in today. Hopefully I haven't made a rickets of it! Will let everyone know what Cap1 do.

Thanks for that m16, After a lot of internet searching I managed to find out about the value box, ie not needed if its a fixed sum, but if you can do that then that'd be great.

Sound advice m16. I've got most of the details for the n1 sorted out now but am still slightly confused. Is it section 5 of the UTCCR 1999? I've looked it up but don't want to get that wrong. Also do you know if its the initial (in my case £85) fee that you put as the court costs or the defence fee as well? I'm also flummuxed about the value box on the N1. I assume its the total value of claim, but thats got a seperate box of its own?? If it helps I got the same letter as you, about late payments being charged at 29%. They've also tried to charge me an extra £26 for sundries. Desperation I feel!

Hi m16. Ta for asking. I've been pretty ill recently so couldn't deal with it, but there's been a bit of progress, or more to the point lack of. I got a reply to the LBA stating they wouldn't raise their offer of less than £300. I'm starting to weave my hapless way through the N1 form today to get the case going fwd. Any much needed advice?? Any luck with your 26% and marker removal btw? Cheers, smudge

Hi M16. Cheers for letting me know, and for the letter template, i'm sure it'll come in handy. I'm not at the court stage yet, because they haven't replied to the LBA, but should be within 1-2 weeks. It looks like you've got them running now so good luck with the rest of the contractual int. I'd heard they were trying to avoid paying that by using purchase rate, but even if thats the case then i assume its still compound and still shed loads more than £37. What've they said about marker removal? I know that was high on your list.

Thanks for the heads up Scott, hopefully its an indication of things to come. Rgds Smudge

Just sent the 1st (and only) LBA off to cap1. Told them to pay up the charges plus 8% interest within 2 weeks or i'll take them to court and add 19.5% comp int. Like you said m16, it doubles the total and more so i'm not bothered which way things go. Threats/settlement offers probably won't get me an inch but may as well try once as the amount is just shy of 4 grand with comp interest added. If capital one are paying for your holiday the least they deserve is a postcard then!

Cheers m16. It must be good to know that the ball's rolling properly now. To be honest i'll have to grit my teeth to decline half, but there's no point in stopping now. By the time I get a reply to an LBA you may have got your claim sorted, so i'd love to know what happened. I dunno if you watch the simpsons but I'm the lionel hutz of uk law processes! Any advice you could give me would be appreciated when the time comes. Smudge

Just got an offer of less than 300 quid (out of £1000+) with £20 to cover 6 yrs interest! Seems like the template letter most people receive stating charges are fair, OFT hasn't challenged the right to default charge accounts etc etc. Will send the rejection letter/LBA and see what happens.