Thank you for your reply ajs, the replies have given me the determination to go to court if needs be. Hopefully they might offer me something outside of court but I will go if they don't

thank you, I was caving

Court then? Oh god.......

Firstly I apologise as this may be a long post. I have followed advise from the forum to get to this stage but am now in receipt of full facts after sending a SAR request etc. Court hearing date is set for 22nd March. Credit card was taken in 2005 with a 200 pound limit. The copy of the agreement has the PPI box ticked of course (however, I have ticked the do not share my info box and the tick is certainly a different tick to the one against I want PPI!) I stopped paying Capital One in December 2011 initially whilst doing a debt management plan and my balance with them was rising all the time (and I hadn't used the card). They started court proceedings via Bryan Carter who backed out when I sent a defence. I have gone through the SAR in detail and want to give a true picture. When I took the card I was paying by internet banking and always paid far in excess of the min payment, there were a couple of missed payments but the following month I cleared all arrears and more. If I went over the credit limit it was always brought within the following. In total I use£800.00 of purchases between 2005 and Aug 2007 and kept within the credit limit of £200.00. In August 2007 I changed to Direct Debit payments and can honestly say I do not know the reason for this. The first month I changed the balance was 192.00 - just within the credit limit and the min payment was £9.61 - the following month the min pament of £9.61 was duly taken. During this month I did overspend and go over the credit limit and the min payment due the following month was £37.04, however they only took £11.30 by direct debit and charged my an overlimit fee. I never used the card again but carried on paying the direct debit. Each month they have taken far less than the min payment required and charged me an over limit fee. I stopped the direct debit in december 2011. Total purchases on card is less than £800.00 Paid to Cap 1 £2187.00 Charges to account £740.00. PPi Charges £190.00. When I commenced DD payments in 2011 the balance was 192.00, despite paying the direct debit payments for 4 years and NOT using the card, the balance stood at nearly £500.00 by december 2011. I put a defence into the court claiming all charges, PPI and compound interest which totalled 2600.00. I was offered mediation and 3 weeks ago agreed to it and the date is set for next monday the 11th. However, and this is the bit that is really puzzling me..... I got home last night to a DHL delivered envelope from Capital One, basically saying they acknowledge my dispute is based on PPI (which clearly it isn't) and that I do not dispute that I incurred the debt but just the amount and that they would offer me £300 pound refund to be applied to the account in respect of mis-sold PPI but would charge me £125.00 fixed costs plus £45.00 court costs (It hasn't gone to court till the 22nd). Because I am in default I would still owe them £300.00. Mediation is on Monday so why sent this letter which was dated the day before I received it - they agreed to mediation 2 weeks ago. Went straight down to the CAB this morning - she rang the direct line number on the letter and the 'solicitor' said they would refund the PPI and write off the remaining. Since the balance has risen from 192.00 to over £500 when i haven't used the card but made payments for 4 years then they are refunding their own charges out of my money are they not? How do I proceed? Do I go to court or not? Again so sorry for the length of the post

Thanks dx

Should I not try and claim the interest though andy? I have been paying this 200 quid off for 7 years and the balance is over 500 now.......

I have now received the SAR and have sent my response to the court outlining my cases with figures to follow. I am filling in the compound interest form, can I ask, do I set the APR to the one that is shown on the copy of the original agreement and do I list all PPI on the same form aswell as charges? Also, I have not paid Cap one for a while so do I still list the charges that have been applied after I stopped paying them? Sorry to keep asking questions but I really do not know what I am doing.... .... thanks for any help

I have sent the SAR and CCA off today, am I doing the right thing by defending this or should I just admit and claim retrospectively, I'm getting so very confused with all the jargon.

Andy, Thanks for your response. What is the CPR section 78 request please. I'm so sorry to ask loads of questions but I must admit I'm finding it all very daunting. Can I ask please, do I just at this stage need to acknowledge the claim and if Cap1 have 40 days to respond to my request then I'm going to be up against it on time

Thank you I'll get that away today and if someone could advise me how to respond to the court claim as I will need additional time I think since Cap1 have 40 days to send me the info?

One further question dx100 please, should I SAR Cap1 direct or Bryan Carter as they are now dealing with this? Thanks very much

Thank you both, dx100, you refer to a second spreadsheet, did you attach two as I can only see one. Hopefully someone will be around to advise what I should do in terms of responding to the court while I send the SAR to Cap 1. Bandit, the date of the claim was the 6th November and I received it on Friday

Thank you. It is Northampton Court. Particulars of Claim are: The claimants claim is for the balance due under an agreement which is now all due and payable. The defendant agreed to pay monthly instalments under account number xxxx but has failed to do so. And the claimant claims the sum of xxx The claimant also claims interest there on pursuant to S.69 county court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to xxx Is there anything else you need? This is for a credit card I had with a 200 pound limit on it, I didn't spend more than the 200, i'm pretty sure but the interest took me over credit limit, this has now spiraled with over limit charges and interest on top every month a charge and then interest, plus it has PPI on it.

Thank you, I will try and upload it

Sorry, to add, in the signature of the claimant box the words 'bryan carter' is typed in

To be totally honest, I don't know who has sent them, when I rang BC they said they had started court proceedings and that I had to fill in the court forms and send them back to them. Capital One are the claimant and address for returning is Bryan Carter in Surrey although it is in the Northampton court. The POC says balance now due and payable, defendant agreed to pay monthly installments under account number xxx but has failed to do so and that the claimant claims interest

They have said that I have failed the monthly installments which is true, I spoken to them and asked them to accept a reduced figure but the said they could only accept the full balance paid or a 3 month settlement and could not stop the court proceedings.

I have received court papers from Brian Carter. Do I reply to dispute due to PPI and charges and send this directly back to Bryan Carter as this is the return address not the court

Had a Cap one credit card which was taken over limit due by their interest (limit was £200 and never spent more than that and have never used the account for over 7 years but continued to make min payment until I was struggling). Bryan Carter are now involved and have issued court proceedings. Have rung them and they refused any offer unless i can pay the outstanding within 3 months which I can't as it has accrued so much. I also have PPI on the Cap one account. What is the best way to proceed please? I am fairly sure that the charges and PPI on the account will be far more than I owe or at least pay most of it off but who do I write to, what do I do about the fact that they wont accept an offer and insist on taking me to court? I haven't received the court papers yet but the letter they sent said I will receive within 48 hours. Thanks for any advice

I have sent a SAR to capital one and they have refused to release information as my letter was not signed. They have said I need to supply a copy of my signature - how should I respond please. I do apologise if this has been covered a thousand times but the search facililty couldn't find what I was looking for

I worked as a self employed agent with a home collection company (one of my creditors), one of my reasons for leaving them was that most of my wages was going to them for loans instead of priority creditors etc etc which has had the usual spiral effect. I have prepared a financial statement with the help of CCCS and submitted it to my creditors and all apart from one plus the home collection company have replied accepting my offer. However, despite me writing to the head office of the home collection company that i was associated with, I have not received a formal written response from them instead I have received a text message from one of the managers in the local office saying sorry, you have to pay the £20.00 per week agreed (my offer was for 25 per month). He then went on to say that the wages I had submitted on my statement were a 'hell of a lot less' than he remembered them being and that i did not include my car finance on my statement. I did text back and say that the income figure I had submitted on my statement was less expenses for business use, i.e. petrol, phone, tax and n.i etc etc as this is what CCCS advised I should do when preparing my statement. He replied saying oh, ok yes understand where that comes from then can you manage 17 per week.. my statement clearly says that I only have 25 for them and since all other creditors have accepted (apart from one other) how should I respond? It is quite clear from my statement that I cannot afford 17 per week when my offer is 25 per month and I know they have accepted an awful lot less from people that owe an awful lot more than I do plus it is usual practice that the head office deals with dmp's and third party companies so don't really know why this was sent to the local office to deal with apart from the fact that I am an ex-agent of theirs....

Out of the blue I have a letter from HSBC saying that I may have PPI, I know I do and have heard of banks starting to write to people. They have attached a questionnaire that they have asked me to return, it is just tick boxes to fill and return (I don't have all the account numbers for my loans and credit card which it asks for at the top). My question is will I still have to do a SAR to get the correct account numbers to ensure I claim for all loans/credit cards - would I be better to do a SAR than to fill out this questionnaire to ensure I can see the picture of how much my claim is for rather than taking their word for it? I'm nervous to fill in the questionnaire incase I tick a box which may prevent me from claiming too having never done anything like this yet. Thanks for anyones advice

Thanks again for your responses, I think I will speak again with CCCS and the CAB after reading more from the OFT

Thank you for your help there, I will contact national debt line

Wonder if anyone can offer any advise here. I spoke with CCCS regarding a dmp and advised them of my debt to the company I work on a self employed basis for and they said that due to this they cannot act of my behalf as the debt would have to be treat in the way a priority debt has to be treated and it cannot be seen that way by my other creditors and that I would have to do the dmp myself. I have hit a stumbling block at the first hurdle having written to Shop direct group about my 3 catalogue accounts, I sent my statement to them and they replied saying that they wouldn't deal in writing and i had to phone them or they would expect normal contractual payments. Having just spoken to them on the phone they have advised they will not deal with me direct and they will only accept my offer of payment if it comes from CCCS or CAB. They did offer a 12 months payment plan which in the case of one debts was twice the usual monthly payment because of charges that have now been applied to the account. No idea what to do or where to go now. Can anyone help please?