lol Bill, I will do my little tapdance when it clears....just for you. Thanks Brad & Paintball - Here's hoping your settlement comes soon. Rouge - Ditto - Nice that we have all been able to support each other. Neath - Cheers - Waited long enough eh...lucky we are patient. Plenty more to wait for. Doo - What can I say to yoooooou? enjoyed the laughs along the way and Im sure you will get what you deserve toooooooo. :grin:

Cheers Tanz. Think I will go for them pre 6 years next lol! Glad this one will be sorted soon as Halifax have just filed defence on my credit card with them!

Phoned court again today and lady confirmed Halifax have submitted a defence!

Letter received from Cap 1 today confirming they would pay me by cheque and this will come within 14 days. They have also added up the extra CCI until they cheque arrives so I could say this is case won. I wont inform the courts though until I receive the cheque.

Hi Doo, I think they were making out they were being generous by offering all the purchase interest on your account but it was lower than the CCI. I very much doubt they would offer all the purchase interest on your hubbys account as this is a different scenario.

Yeah I know. The last line of the letter wound me up the most...cheeky sods!

Update: Ge money credited all the charges to the account but no interest. They wrote to me informing me that was their final offer and they WILL NOT enter into further correspondence with me about the matter. Filed complaint to ICO Sent letter informing them I have complained to ICO, asked them to reverse the credit from account as I do not accept it and reminded them they had not provided the CCA I requested. Also informed them I will be happy to go to court with this.

Nothing received so phoned court as their time is up today. Court are running 5 days behind with daily post but was told to sign judgement and send it in and if they have received anything they would send the judgement slip back. Signed and ready to go in post tomorrow. oooh I hope that I have slipped through their net....would be great to send the bailiffs in!

Hey Wilks, What interest did you claim? Contractual or Stat?

No probs Eve. Phoned Court today and they are 5 days behind with post but she advised me to complete judgement slip anyway and if their defence is in their outstanding post then she will just return judgement slip. Completed today and will post tomorrow.

No worries. I will take a look at your letter again tomorrow or even post up a revised one when you have done it. Tanz seems to be taking a brak tonight but Im sure he will have some useful info for you. At least you got through to your court. I have been trying most of the day for mine and it was constantly engaged as I have 2 Halifax CCs that are up tomorrow! God know what I have to do but will keep ringing them tomorrow. Speak to you tomorrow no doubt

ok thanks. I dont suppose you know anyone else that has filed to court along these lines do you?

Doo, I typed a load of inserts in red for this letter and for some reason I lost them when trying to get back from previewing. I havent got time now to go back in but have added the odd one in. Here is a pargraph I would put in if you havent used it already: With reference to the interest, I must point out that I am not trying to claim statutory interest of 8%. I am claiming contractual interest (compounded daily) at a rate of xxx% APR thus being the interest that is currently applied to my account. This interest is claimed on the basis of consumer contract legislation, which provides that where a contract has not been individually negotiated, the party dealing with the consumer cannot insert advantageous terms into contracts where there is no comparable term in favour of the consumer. If you are not happy to pay me the full amount of monies then I shall be happy for a judge to decide which interest to apply. I think your letter needs to be a little bit firmer with them to show you are not a pushover at this stage and you will be standing your ground. Sorry I lost the red bits, Ive added a few that I could remember back in. HTH...I feel rude pulling peoples letters apart so have tried to insert a few suggestions for you.

Thanks for the quick response Glenn. So I presume you never filed to court in the end then?

Lol, You beat me to it Louis.

Excellent comments. Thats how I see it to now....I didnt at the beginning though but we all have to start somewhere. Thanks for the click Louis.... What is going on with Jamesrap posting on every thread tonight!?

Girls, I know its sound easier said then done but once you get one claim out of the way, you really will get to grips with it. Everyone finds it all daunting to start with and worries they may be made an example and have to go into court but the reality is that they WILL pay up. Good Luck both and try not to worry.

Lady Penelope2 I wouldnt worry too much. Most of them say they will defend it when you file to court. They will settle before it gets anywhere near a court room

Hi Glenn, Just wondered what the update on this was as you were filing to court. I have complained to the ICO and are awaiting their outcome before I decide what to do next. Cheers

Hi Eve, You have to send it all to the court and they will forward it on. You can send 3 copies and ask for one to be returned to you when it has been stamped or you can just send 2 and keep one yourself (I did the latter but up to you) No news yet and their 28 days is up tomorrow. Have been trying to phone court all day today to see if they have received anything but it has been constantly engaged...I supposed there are so many charge reclaim calls lol.

Hey lass, You can claim back at least 6 years (although there is an arguement for more than this now but thats another story) so you would probably be best to claim them all back unless you know there were no charges prior to the ones you have. good Luck

Sorry for delay doo....children were a pain tonight, finally in bed though. Right....it seems to me as though they do not understand the contractual interest part. YOU are charging THEM for having your money and they do not seem to grasp this. I think you may need to explain you are claiming contractual interest hence the total and put the contractual blurb in the letter (if you havent already). It does seem though that they are agreeing to pay you back all your charges + all debited interest from your account since 01 + 8% Stat interest + court fee. Obviously it is your choice whether to accept it or fight on for the contractual element. I would say though that if you do fight on at this stage, you must fully understand the arguement for contractual. I dont want to frighten you at this stage but just want to be sure, you can fight the contractual arguement if you went into court. I havent read the other threads but hopefully they have helped. I will PM you my email addy....chin up

Doo. Ive just got to sort the children out etc so I will have a proper read later on if thats ok. Yes you are quite right with the 6 years stuff. Sounds like they are full of cr*p to me. I will come back to you in a bit. I dont remember checking your spready but if Bill did then it must be right.

Hey Doo, Right, dont panic lets look at this in more detail as I dont understand how I got full offer and you got offer with 8%. Can you post a copy of their letter up? Before you sent your spready, did you get anyone to check it was filled in correctly? I have read this is their new tact on some other threads but thought it had changed due to my letter.

No but I have a daughter called Nik ola...lol....(not really!)