Crap1 default on disputed account

[Robert_Brenchley]

Capital One defaulted my account immediately before I issued the LRA; I amended the template to include a request that they remove it. They refused to do so, claiming that they had defaulted the account, not because it was under dispute, but because of my failure to make payments. Note that they have not attempted to deny that it was under dispute when they acted in this manner. They made an inadequate initial offer, amounting to about 1/3 of what they had taken, and then refused to negotiate further. I'm now trying to draw up the statement for the N1, but as I understand that it's going to cost £150 if I include the default, I can't issue the claim until I get paid at the end of the month. Meanwhile, I've been chased by Intrum Justitia for the money; they were on the point of making a claim against me on Crap1's behalf when I informed them that I was about to make my own claim. They promised to put the claim on hold for two weeks, which is now up. So I may find myself on the recieving end of a court claim shortly.

 

Any advice would be more than welcome; in particular, I'm unsure how best to word the N1.

[Tinkerbelle]

Particulars of Clain in the template library here

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

 

You need to add a section saying something like "the claimant also seeks the removal of the default notice supplied to the Credit Reference Agencies, as these were a direct result of the unlawful charges".

[Robert_Brenchley]

Is it relevant that the account was defaulted while under dispute? I'm not sure whether the courts will consider the Banking Code or not. Anything to strengthen my case! I had a letter from them today repeating their offer of partial repayment, and saying that I need to discuss the matter with Intrum Justitia 'as the account is now with them'. They appear to be a firm of solicitors; I assume I still just give Crap1 as the defendant.