Finally a full month after recieving serving judgement against Citicards, i get a response from Eversheds. As follows It then goes on about guff in relation to me having 14 days to comply with the order otherwise they will withdraw it and seek a setaside. First impressions? What a complete farce, Citi have already offered me this and I have conclusively rejected it. Since when can they set timescales for me to comply when they have systematically breached every timescale possible Since when do they decide they are 'likely to suceed on both counts', i think a Judge will decide that They're still clinging to this £12 'industry standard' garbage. Bring on court, i'm looking forward to tearing their defence to bits.

Sarah, sorry to hear you're in the same state as many of us. You're best off starting a new post of your own, there's a strict process you need to follow in order to get your charges back. Citicards are probably the most difficult, but nothing is easy in life! We're all here to help!

Absolute hypocrisy! I'd love to see a copy of that letter!

As it was originally included in the POC, and assuming Citi pay out the money side of the claim, surely as a acceptance of judgement, a letter to their credit file ammendments team should be enough to get the change made. After all, they have to meet my terms, i.e pay the money and remove the default?

In speaking to the Court she said i should probably wait till next week to see what Eversheds would do. I did remark that in all likelihood they would come back and say 'we never received the court case paperwork' and then ask for a setaside. She said 'Hmmmm, crafty, but they would have to convince a District Judge that they didn't and aren't just stalling'. Incidentally, i want a default notice removed too, and this was included in the case file. How do i go about getting this removed, is there an email address i can use?

Just called the Court, Citi have contacted them and said that Eversheds are now representing them, and want a copy of the judgement. Funny, considering i sent them a copy of this, by recorded delivery on the 11th of May. They've had 22 days to reply to the judgement, and haven't bothered. Rather helpfully, they haven't included me in any correspondence either.

Well the County Court passed judgement on the 2nd May, i waited 7 days, nothing. Sent a letter recorded delivery to the Salford address on the 13th. Still nothing. I'm thinking it's time to send some nice baliffs up there.

Key word, should. From dealing with Capital One many times in the past i feel that some of their staff couldn't find their arse with both hands, so i'm not suprised that issues like the above still happen!

Scan up the images if possible, i'm counting on them being Application forms!

Personally, i wouldn't worry about a baliffs visit, nor take a day of work for it. I think the best way to treat this situation is to contact both capital one, and NCO by letter, recorded delivery, stating that the account is in dispute. There is no enforceable credit agreement, and therefore no debt. NCO must stop any contact with yourself if there is no agreement in place, though this must be confirmed by Capital One. There should be templated letters to help you deal with this. Again, as i stated before you'd be best filing this case in court yourself, using the N1 form, rather than FOS. FOS will no doubt get you a settlement of charges, but only charges. The N1 route is the only way to get everything you want.

I think their checks consist of looking at their database, the CRA's and the electoral register. It was at the bank i worked for. If the data is incorrect there, and there is no financial dependencies under your current name, they would have no reason to refuse credit. I wouldn't say Capital One are stupid, but more likely that their checks aren't as stringent as they should/could be. Bearing in mind the people performing these checks are just customer services bods punching away at a computer, and therefore prone to mistakes.

Yup, i think that's correct. As an aside to this, have you requested cca for this account? Crap One are pretty poor at providing enforceable agreement - this can be used as leverage should the need arise...

Tbh, i wouldn't have thought it would matter. In the money claims i've filed before i've just tagged default removal on the end of the claim. So in section for i'd say something along the lines of 'The pusuer claims XXX money plus 8% interest, then end with 'also the removal of the default notice incorrectly applied to the claimant's credit file'. In Section 7, which is basically the same as the POC in England & Wales, again i would complete the normal details, but add in the information around the incorrect default and support it with the relevant data protection act extracts (Section 14 i think). I think it's more about getting it in your court forms, Capital One are unlikely to attend court for any claims, so as long as you include the default removal as a part of your case, you should be ok.

Have a read through here, you can only claim back 5 years of charges though, not 6. http://www.consumeractiongroup.co.uk/forum/guidance-notes/11123-scottish-procedure.html

Just another thing, i wouldn't go through the FOS. If it was just for charges, then yes, if it's for default removal and PPI, then involving more detailed contractual arguments i think it's better if you just file the N1 yourself. Whilst it is more time consuming, and daunting going to court, you'll reap the rewards more easily, rather than with the FOS who will no doubt win you money back, but not the removal of adverse data. File it yourself and take it to them!:grin:

Just having a look through your thread and can't work out if you've filed yet. None of those documents you've scanned are enforceable agreements, so essentially you have them by the short and curlies. With regards to Debitas, they are being pretty naughty by continuing to pursue a debt which is clearly unenforceable and therefore, in dispute. Are you sending letters by recorded delivery? If so, keep the stubs just in case. If you haven't already filed, i would do it sooner rather than later to stop the threatening letters. Include all charges, interest, PPI and the Default. Capital One will undoubtedly say they are going to defend, then settle out of court and give you your money back, but leave any (correctly applied) adverse credit data on your file. At this point i would contact them directly, stating they do not have an enforceable agreement, and unless your exact terms are met (aka default removal) you fully intend to go to court. You'll probably get more letters stating they do have an enforceable agreement, then as a gesture of goodwill they will remove it. It seems that adverse credit data is more important to Capital One than giving money back. Maybe it's the final underhand thing they feel they can do to people who threaten them?

I think the FOS route is quite restrictive in what you can do regarding defaults, as they seem either unwilling or unable to do anything about adverse credit data. Although Steve's option 3 is time consuming(Cancel the claim and persue the claim filing an N1 yourself) it may be the easiest way to tie everything together. I have done this against Capital One myself, stating that the charges and default were instrinsically linked, they argued this, but then removed it. Infact, they removed ALL adverse data.

What is the total £1000 debt made up of, charges or purchases? If charges, i would go back and ask for all the charges to be reimbursed. If purchases, i'm not sure where you'd stand.

I think the common trend with Capital One is that they will always settle when you only ask for the 8% interest. If you start along the CI route, it always turns into a minefield. If it were me, i would just claim the 8%, as i have done with two claims now against Capital One.

Well done mate. I'm very interested in this now...

Have you accepted their financial settlement as yet? If not, do what i did, bombard them with letters/emails stating that the entire debt what unforceable anyway as they do not hold a proper agreement, merely an application form. For me, after 3 or so letters tey buckled and settled. My case was also subject to a stay

Just zoomed in on photoshop I would say completely unenforceable, in court obviously. I would send a letter along those lines. Without reading through the rest of the thread, if your claim is for charges and default removal and you've followed the process of claiming your charged back, it may be time to file in court. Capital one have and in your case probably will remove the default too.

Schmidlin - Underneath the section that contains 'what the claimaints requires' - just put 'removal of the Incorrectly recorded Default Notice from the claimant's credit file' include the date it was added and the amount. If it gets to court, which it wont, you could argue that if the charges are indeed unlawful, the Default is therefore incorrect and in turn a clear breach of the data protection act. ICY - I couldn't read the text on the first page of that alledged CCA. If it is unenforceable then great, does it say anything along the lines of 'when i recieve my card' - which would pertain you haven't yet recieved it and therefore it is an application for a card, which is unenforceable. Can you confirm what it says?

Thanks Enron, i have already sent Citi a letter rejecting the offer but retaining the cheque. I did say i would accept the cheque as partial settlement of the total amount, and would ask for the rest in court. I have as of yet, received no response. I have not cashed the cheque. Shall i hang onto it for the time being?

Case has now been served. Quick question though, as per a few posts back i recieved a Cheque from Citi offering less than half the amount of charges, claiming that £12 amount was fair an reasonable. I haven't cashed this as i don't want this at settlement. Should i send this back to Citi with a covering letter, or keep it and when it gets to court get them to make up another cheque with the difference, provided i win obviously!