Hello all, I am due in court on 10th October against Sainsbury's Bank and am putting the finishing touches to my court bundle. Sainsbury's have offered to settle in full, but have refused to remove the default notice from my credit file. Therefore, I am going ahead with the hearing. What should I add, if anything, to the court bundle in relation to the removal of the default notice (perhaps a relevant section of the Data Protection Act)? Is there anything else that I have to bear in mind that is different from a straight request for repayment? Many thanks, Michael

Hello, I have a court hearing on 10th October, which is the culmination of my litigation with Sainsbury's Bank over unlawful charges. I have been asked to furnish the court with a number of documents as part of my 'bundle'. I have most of these to hand, however, I do not have a copy of the original credit agreement, which I imagine will be necessary, evidentially. I have written to Sainsbury's asking for a copy of this in accordance with the CCA, etc., however they have not responded. Time is now running out- what should I do? If I don't have this document in my bundle, will it harm my case? Ought I to write to the court explaining what has happened? Any help appreciated. Thanks, Michael

Thanks to you all.

Does anybody know whether the issuing of a default notice - as opposed to say a CCJ or bankruptcy - is viewable by members of the public, e.g. prospective employers? Also, would a prospective employer need my permission to have access my credit rating? Thanks

Thanks Ian, have done!

Hello all, I am writing up my POC for my case against Barclaycard and am trying to work out how much interest to charge. I've done the spreadsheet and have a figure. The problem, though, is this: Barclaycard credited my account with £251 about 2 months ago as part-settlement (total claim is for £729 charged over 4ish years). How does this affect the statutory interest that I can claim? My theory is that I calculate the interest as per usual, add to the total charges, and minus the £251 - after all, the opportunity cost of the money they took remains the same, no? Is this right? If not, could somebody put me right please? Thanks ever so much, Michael

I'm not bothered about Cabot really- only to the extent that their existence adds an extra layer of complexity to my legal claim. What I'm interested in is getting my money off Capital One! The original credit agreement with Capital One will be easy enough for them to get their hands on, won't it? If they have it, what then? Presumably, Capital One will continue to argue that their charges were - and therefore my debt was- lawful, and that the rights to this debt have been sold to Cabot, who are within their rights to pursue it. And say they don't have it, or don't respond - how does that help me in getting my charges repaid? Wouldn't launching the court action that I've threatened be more effective? Maybe I'm being a bit dim about all this. I don't really see how, legally, the sale of the debt changes thing- shouldn't I be arguing that there *is* no debt, as it is made up of unlawful penalty charges? The CCA doesn't do this, does it? Sorry to be so clueless!

Thanks for the link. I'm not sure how this is relevant to my case, other than as a useful bit of fishing, i.e. to see if they have lost my agreement...? Wouldn't commencing legal action be better? Or are you saying that this isn't possible?

What is a CCA request, sorry?

Hello all, For the past few months I have been in the process of claiming back charges applied to my Capital One credit card, and requesting that the default that was applied to my account be removed. Offers were made and rejected, and I was just about on the cusp of putting in court papers (although, due to a lack of money and several other claims going through at the same time, I had to delay doing this). Today, I received a letter from Cabot which informed me that they have bought my debt from Capital One, and that they are 'here to help'. Jolly sporting of them! My question therefore is this: given my contention that I don't actually owe Capital One any money (the debt is made entirely of fees- hence the request for default removal), how should I approach Cabot? Indeed, is it Cabot that I should be approaching full stop? I am now in a position to take Capital One to court - the 14 days expired ages and ages ago - and would like to do so asap. Will this still be possible, or since Cabot bought the debt, did they also buy any claims attached to it, if you see what I mean? Any help would be most appreciated. Thanks, Michael

Well Sainsbury's have now filed their defence- apparently the delay was down to an administrative cock up at Woolwich County Court. They have given the usual spiel about the default (so at least they mention it), refusing to have it removed, and have repaid what I claimed, in full. However, in the final paragraph of their defence they ask that the case be struck out because the monetary aspect of the claim has been fulfilled. I have written to Sainsbury's rejecting their offer of settlement (i.e. the repayment) and reiterating that the two parts of the claim are intrinsically linked. Should I be writing anything to the court along these lines? I have been sent the AQ questionnaire to fill out, and I am going to include draft directions as recommended on the site. Any tips on how best to proceed would be greatly appreciated. Hopefully the end is in sight!

Hi 100mel. Funny you should post this now; I put my court papers in at the end of February, and Sainsbury's acknowledged my claim, with an intention to defend on 12th March. Since then I have heard nothing, nada, zip. I was about to come on here to ask for some help from the forumites; what is the form if they simply fail to lodge a defence as promised? A request for judgement can get them to pay the money, but can it force them to specifically perform the removal of the default notice as demanded? What do you think my next step should be? Thanks, Michael

Thanks mate, much appreciated.

Thanks Glen. The above is what I sent as my final letter before action. Do you think it should give me enough cover to start my claim proper? On a related note, how should I frame the 'brief details of claim' in the N1 form? Would 'Money claim for return of penalty charges applied to the Claimant's credit card account by the Defendant and removal of Default Notice' cover it? I can't find any examples of the form of words elsewhere on the forum.

Hello all, I have been chasing Sainsbury's Bank for £650 in charges, plus the removal of my default notice. They have now offered me the full amount, but have still refused to remove my default. Will my case be undermined at all if I now take them to court having rejected what I was asking for monetarily? Also, are there any examples of people having had their defaults removed without going to court (i.e. as part of a pre-case settlement)? If they take it to court, how are they going to defend their Data Protection case without addressing the issue of the charges' lawfulness? Bit apprehensive about going to court, but I need to get the default removed. Thanks.

Great thread. I'm about to set out on the same road as you Tanzarelli- claiming charges + default removal with Capital One, Sainsbury's and Barclaycard. Has anyone ever had their default removed by the banks, or are Capital One unusual in their stubborn resistance to removing the default?

My situation is slightly different from yours. The account was defaulted before the instigation of my action, and is being dealt with by Blair Oliver & Scott. My letters regarding charges have all included reference to the default notice, and I have asked for it to be removed. Rather unexpectedly, Sainsbury's have offered me 100% of my charges, but they have made no reference to my default notice. I would be happy to forego the interest they owe me (about £80) in order to have the notice removed. I was just wondering whether this sort of negotiation would be likely to succeed, or whether I should even entertain it at all. Good luck with your claims though.

Pam, Yes, entirely. I have incurred £650 in charges on a credit limit of £500. Without the charges, I owe £170.

Thanks for that. Do you think that it would be worth approaching Sainsbury's to explore whether they would be willing to consider such a deal (e.g. give my contact a call) or would you just steamroller on and refuse the offer, proceeding to action? If I refuse this full settlement, would I need to send another letter before action? Mike

After a few months of perserverance, Sainsbury's Bank have offered me 100% of the credit card charges owed to me in full and final settlement. However, they have not offered to remove my default notice or to pay interest. I would be willing to forego the interest owed to me if they agreed to remove my default notice. Could anyone advise as to whether the bank would be likely to agree to this and, if so, what means I have to hold them to this agreement? Is it even my best course of action? Any advice from you wonderful, wise people would be much appreciated! Thanks, Mike

After a few months of perserverance, Sainsbury's Bank have offered me 100% of the credit card charges owed to me in full and final settlement. However, they have not offered to remove my default notice or to pay interest. I would be willing to forego the interest owed to me if they agreed to remove my default notice. Could anyone advise as to whether the bank would be likely to agree to this and, if so, what means I have to hold them to this agreement? Is it even my best course of action? Any advice from you wonderful, wise people would be much appreciated! Thanks, Mike