Story is as such, i CCA'd Cap One, June, July of last year. Its not enforcable, so i told them this and since then i haven't heard from them, no demands for payments, no phone calls etc, as far as i know its still just sitting there. Thing is tho, i have a default from this account, that i would like removed. My outstanding balance is somewhere around £1,500. I am thinking, rather then go to court to have the default removed, if i offer them £250 as a settlement payment, to close my account and remove the default, is it likely to be accepted? I will include that if its accepted the default must be removed and my account settled with CRA's if its not acceptable, i will not be offering further payment and i will initiate court proceedings to get the default removed? So is it worth a shot, or waste of a stamp? Thanks

On a side note, how did you get the FOS to take an interest in such a short time, i filed a complaint with the FOS in February, they only got round to looking at it in September and its still ongoing. Im so far not impressed with the FOS.

Also if court is the way to go, what are the POC's like, are they suitable?

I haven't done anything with this since my last post. I do not receive statements, i do not receive phone calls, Capital One do not contact me ever. I can't remember my outstanding balance, i think it is somewhere between £1,200 and £1,500. I however haven't reclaimed the charges of around £200. They have also defaulted me. Now i'm just wondering if i offer Cap One, say in the region of £250 in a full and final settlement, to close my account and remove the default, is that likely to be a more succesful and easier route to get the account finished and to have the default removed? Or if i offer that, does it change anything if they dont accept, i was going to say if they don't accept it i would begin court action to get the default removed. Any thoughts? Thanks

Great Stuff thanks a lot

As time is running out, im gonna send the above and sections 6.1 thro 6.9 of the bundle tomorrow, unless i hear differently.

Ive ammended to this is what i think suits? Does it? If i remove the blue bits, will it suffice?

Do i use this as Statement of Evidence http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/53570-new-strategy-allocation-questionnaires-3.html

FOS Address

Still having bother trying to put this together. I don't feel i need to do a full bundle at this stage, as my directions are quite specific, or am i wrong, why do i need to do a full bundle? I cant see what covers this on here or within the full bundle, am i being thick? Now the last part I still can only find one spreadsheet showing 4 cases against Citi and they arent settled? I take it CitiBank International is different to Citi Cards? Theres some settled cases with Citibank International. Also what kind of legal materials will be required?

Well going on the statements i have, my charges are set on statements from Peoples Banks and Citi Cards

Well sods law states the day i ring them, its the same day the directions turns up Well here they are 1 The stay is removed 2. Schedule of Charges (Done) Copies of Statements (Done) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise (Not Done, Where to start) Copies of decided cases and other legal materials to be relied upon. (Not Done, Where to Start) Im only here for a minute, as im off to watch Wednesday (win) I'd like to get the last two done over the next few nights, so i can get it all in the post and done and dusted. Also lastdirection for them reads If the defendant fails to comply with this order, the defence will be struck out and judgement will be entered for the claimant without further order of the court. So i take it i should receive their bundle before their deadline, if i or the court dont receive it, what happens? Thanks again

Its just that my 3 weeks to supply the required information, runs out next week.

Still haven't had the directions off the court, i'm gonna give them a bell tomorrow and see if they are or have sent them out. When the Judge went over the draft directions, she renumbered them and rewrote them, i didnt see them, so obviously i can only go on the draft directions. That being the case, where can i find assistance with these 2 points: Thanks

**Update** Still haven't had any letters demanding repayment. However, about a month ago, i received a letter from Egg, informing me they are looking into my complaint. I haven't complained to Egg, i haven't contacted them for months and months, only contact i've had with anyone to do with this account is the DCA's acting on Eggs behalf. Today i received another letter, informing me they are still looking into my complaint and if they don't settle it within 8 weeks, i can then take my complaint to the FOS. I've no idea what they are talking about

Just out of curiousity and impatience how long roughly should it be, before i receive the directions? Obviously i have a time limit to supply the documents and id rather send off everything i need in one go.

Regarding the CCA, i havent heard a word off Citi for months, maybe even over a year, no statements, nothing at all. Not chasing me for anything. Dont know if that has to do with the court case, or lack of CCA. My POC reads such for the default. As the Default amount is solely made up of unlawful charges, the recorded amount is inaccurate. So the default needs to be removed in accordance with Section 14 of the Data Protection Act 1999. Is/Was that enough?

And another This is for charges and default removal, so if they dont comply, i win charges and default removal. There is still an outstanding balance on the account, it is roughly 60% of what im claiming. However when i cca'd them, they have failed to provide anything. So if i win, do they send a cheque or the remaining difference between the two sums? Also if they send a cheque, remove the default, could they reapply one to the outstanding amount, if i then offered them say 25% of the outstanding balance to settle the account, would they likely accept. Its just obviously if i get the default removed, i dont want them to issue another one virtually straight away. Or should i just pay the full balance off, even though they dont have an agreement? I dont mind paying the full balance, because the remaining monies would be offered to other creditors as a full and final settlement on the promises they remove their defaults, as again they dont have any agreements. Obviously only paying 25% give me more to pay others.

Another question Will the court send me a copy of the Judges directions? Also is consensus now that, its just a matter of waiting til the end of January for Eversheds to enter default, or is it likely they may try and throw a few more spanners in the works? I did suggest to the Judge that they might reapply for another stay, as per other threads, but she said they wont get one as they failed to show for this one.

Mistermind linked to my quest against Egg. I havent paid Egg in over a year, i asked for my agreement, they never supplied anything, until a possible suspect online agreement, i have questioned this and nothing has happened so far. They did however pass it to several dca's to collect the money, when a new one came on the scene, i would write to them, detaling that i sent Egg a cca request and up until such time they havent provided an enforcable agreement. I go onto say as whoever the dca is, if they are contemplating court action, that they must have a copy of the agreement that you require, cos obviously they wouldnt go to court without it, would they? So i asked them to forward to me the documents they will be relying on in court. I'd get a reply they are looking into it, then a month or two later id get a letter informing me they have passed it back to Egg. As of now, the last dca passed it back to Egg and i still havent heard anything. No court action etc. Have a read of my thread it might help you out

Yeah the Judge said i should send a copy to court and one to Eversheds. Should i add the cost of todays hearing onto the bottom of the spreadsheet along with the filing costs? To give a total balance and calculate interest upto the date Eversheds have to supply everything.

Well back from court.................. I must of been in there for about 6 mins Eversheds didnt turn up, it went a long the lines of Judge: Take a seat Me: Thanks Judge: Im happy to lift the stay Got what i wanted with her second sentence. She did comment that she was surprised that they didnt turn up to argue the toss, i replied that i was'nt. Anyway the Judge has implented the draft directions.Just changed the last one, to say if they fail to disclose costs, no order needs to me made, shell judge in my favour. So now i have 3 weeks to supply a breakdown of my charge and copies of statements? The Judge because of Christmas, gave Citi til the end of January to disclose their costs, if they dont, i win So hopefully that should be that? Printed out about 200 pages of stuff for today, didnt even get chance to open my file Forgot to ask about the £40 charge for todays hearing, also had to take a day off work, can i recoup these?

Uh ohhhhh, today is the day..........

Just an update, im in court this week filled with a little intrepidation, but i suppose thats to be expected. I take it i refer to the Judge as "Your honour" or " Sir"? Im getting all the Oft stuff together, so should be set Enron is helping in the background which i really appreciate. Thanks

Im in Court in a few weeks, should i take anything with me? Or are just a few notes ok, so i know what im doing and saying?