Update on this my hearing date is set by the Court and Capone have made an offer to settle in advance, we are still in negotiation on this but the moral is don't give up.

Ok so I slept on this and decided to press ahead " not one to give up without a fight". The claim hinges on whether the penalty charges are fair or not and so far no court has substantiated that credit card charges are fairly charged. Unless crap1 substantiate their charges instead of hiding behind confidentiality they will lose again on this point. I wil offer to sign an NDA if they are prepared to share this with the court. This claim is not about the conduct of the account so I need to deflect that issue and if the court rules against them and they attempt to sue me for damages I will counter claim damages to reputation, ability to gain loans and loss of income which I can prove, all because these unlawful charges caused me to go over the limit or pay late and pick up the default. Bottom line is I will negotiate with them prior to hearing and see what I can get

Thanks for the advice all and I think I might drop it based on this. The whole purpose was to claim the charges and seek default removal as part of the negotiated settlement which looks flimsy now and that threat of damages is nasty. At least I have the comfort of knowing that I made them sweat on the defence.

All persume I just sit it out and ignore allocation and wait for hearing date. Has anybody had a look through defence ? the bit about additional damages counter claim should the court rule charges are unlawful worries me, or is just smoke and mirrors.?

All, reading through defence there is a bit about counter claim for damages should the court rule charges are unlawful. Is this there standard threat and just smoke and mirrors? This obviously is a bit worrying. Also do I sit it out ignore allocation questionnaire and wait for hearing date?

Allocation questionnaire arrived today with completion by the the 30th May, so looking for your help soon on this and the defence lodged.

Sorry about that site team, silly of me but easy to and thanks for rectifying it so quickly in the original post

Ok see here is the defence lodged by Cap0ne and anonymised of course. I have not included a big pack of statements and the original agreement suffice to say you would expect them to include these. Let me know what you think.:roll: [ATTACH=CONFIG]43867[/ATTACH]

All how do I attach a pdf file ?????????

Hi frankey67, did you go to court? I am in the process now waiting for my hearing date and they have lodged a defence so seem to be fighting back

Spoke to soon and defence has been lodged on MCOL yesterday and arrived in the post am on today. When I rechecked it was the last day possible, just wondering if this is usual brinkmanship and are they hoping I will back down before the hearing because I will not.

]My 28 days are nearly up and no defence lodged by Capone or even a peep only another 2 days before I apply for judgement. Do I need to submit any further info to the courts such as detailed spreadsheet charges or copies of LBA letter and Capone rejection.

Got the note back from the court that Capone legal have acknowledged the claim so no chance of 14 day default judgement therefore will sit back and see if they lodge a defence. Getting slightly nervous about this now but I am assuming they are playing for time to make me an offer and try and get me to back down but if it goes all the way I will not back down.

dx100uk Just saw your comment on this post below and in a recent letter from CAPONE they also mentioned that had issued me with a similar letter stating 14 days and not a specific date is this specific grounds to also challenge the validity of the default after I win my case on unfair charges "so atleast 2 things wrong with the default already. and knowing cap1 well for that period their dates were WRONG also they stated 14 days from the date of the letter NOT in the correct format of DD/MM/YYYY"

All, my MCOL is lodged and now issued by the court so do I just now wait for a defence or offer to come through from CAPONE ? In the meantime do I need to add anything else on MCOL ??

Actually LBA Dec 2012 got that wrong.

Got fed up with this Default had a struggle to get my Business account with Barclays although got there in the end and decided enough was enough and action needed. After a long break finally got round to doing this after LBA sent in December 2011 have now raised County Court Action for £792.00 went for Compound Interest to make it enough to be on there Radar with Default removal a condition. Straight into the County court claim route today so they know I mean business and also add the 8% interest on top so now the fun starts.

Got the response to LBA basically saying bog-off regarding refund & Charges. Also mentioned that I failed to pay an amount relating to the DN within a timescale however I did not receive that notice, could ask them to send a copy but don't think this will make any difference. Think I should go straight into the County court claim route now so they know I mean business and also add the 8% interest on top. If they don;t remove the DN as part of settlement I am already attacking the credit agencies via Data protection act and removal of defunct contract data and lack of perpetuity data processing clause in the contract.

Yes but I have only just sent the LBA with reclaim costs today. Not a massive amount around £453.00 inc interest but nevertheless lets hope it annoys them enough to consider removing the default as part of the settlement. Sit back now await chase them up shortly and get ready for the court papers just a slight reservation on this since in previous thread I had a response that courts can rule against removing defaults as part of a judicial settlement but i need to read up on this next stage.

All, had a bit of break from this got the SAR back but now ready to go have my LBA ready and spreadsheet of charges but principal aim to get that default off my file and get some of the money back. How tough are these bozos and will they go all the way to court since I am ready for it and I would love to get bailiffs in if it comes to it. Any advice welcome

BRIGADIER2JCS, based on that the best scenario is to negotiate but keep out of courts. I guess the card providers are going to be aware of that judgement so best course of action is to push hard, negotiate hard and make yourself be a pain in the butt and in the end compromise on some of the unlawful fees in favour of removing the default.

Hi, did you managed to get this removed? since I doubt that they will do it. I was advised to launch a claim for unfair charges and as part of the resolution make the default removal a condition of settlement it. this way you have some leverage to get there attention.

SAR came back on Friday 11/3 therefore getting ready to send the perliminary letter (I have the template), there are lot of overcharges over the years so just doing the calculations.

Well, these undoubtably took me over the credit limt and was a cause of it but reading some of the other posts I know that unlawful charges have to make a percentage proportion of your balance and until I get the SAR i will not know that. Given that I have never seen the proper default notice lodged I don't what the exact reason was for it, again hopefully the SAR will reveal that. I think from the response to posts and previous post that are two ways to possibly go at this 1) Unlawful charges and 2) Data Protection act and inaccurate data on the credit file. I think that the first has more legs since it undermines the basis for serving a default in the first place and indicates that your credit record and abilty to pay is a consequence of Cap 1 imposing unlawful charges. I expect a tough battle on this one but I am in it for the long haul, lets face it I am stuck with it for 5.5yrs if I don't. Everybody goes through a period of tough time at some stage but this is the only Lender that reacted in this way and I reckon that is consequence of the type of basic card offered and probally a high percentage of general account problems have led to a strategy of strike first and at the first indication of problems pass on to Fredricksons and default the file and seek account closure, job done.

Also from the · Data Protection Technical Guidance - Filing defaults with credit reference agencies Published on 28th September 2010 "So no default should be filed if the lender normally records defaults when accounts are six monthly payments in arrears and the customer has not yet reached that level of indebtedness, even though he may have missed payments under the ‘arrangement to pay’. 2. If a lender accepts an ‘arrangement to pay’ as an alternative to filing a default, and the customer fails to make any of the agreed repayments, then a default can be filed straight away"