Agreed, crack on with SAR alongside the request for CCA.

Phew! Missed something off the POC and only realised this morning, luckily the Court hadn't yet served the case, so let me amend the POC free of charge, without the need for N244!

I worked it out the latter (easier) way Wendy, couldn't be arsed with the hassle.

Drawing on past experience with Capital One, i can tell you it will be fruitless. They will either send you the same thing again, or just tell you it is enforceable, i'm not 100% whether that last page is enforceable but from what how it reads, I would say not. I'll see if I can get someone with better CCA knowledge to give you a concrete answer. If i were you, i would get the reclaim of charges underway, if you're raising a dispute around the fees being charged against you, they should stop charging you until the matter is resolved, i.e until the have fully re-imbursed you for all charges. Have you request SAR as of yet? If you do, you can work out how much of an alledged debt is made up of default charges, and get them back, therefore negating the need them to demand money off you!

Did you sign that second page, where you've crossed out the text? The last document doesn't look enforceable as it appears to be the application for a card. Even so, have you raised an SAR to recover the charges? If the account is in dipute Crap One shouldnt be applying more charges or contacting you until the matter is resolved...

Filed. Finally. Now the wait...

Ah i see, surely by not providing such information under the original SAR is a criminal offence then? Especially if they do actually have the information tucked away somewhere but are just mitigation their situation by not supplying it?

Yup all data was apparently purged, seems strange that a big organisation like them doesn't keep tape back ups of all account information in a storage company for 6 years...like NatWest and all the other major banks do! I've written a complaint to the information commissioners office anyway, still waiting to hear a response back

Your timescales Wendy!

Ditto! :grin:

I wouldnt have thought so, i think it's still a case of taking it to court. Anyway, regarding Crap One, yes you can claim on a closed account, you can generally go back 6 years give or take.

Sea-sidelady did mate, not you! Wasn't being sarcy!

Sea-sidelady upped my reputation by clicking my scales and saying i've given good advice, kinda how this site works! Regarding the N1, maybe leave it a few days, so you as you are working to your timescales, don't worry about it.

Thanks for the click SSL

Might be worth sending them another letter, confirming rejection. Give them 7 days to reply if not, file the N1. Usually it's always best to reply to show the courts you have given them every available opportunity to settle out of court. Capital One will never settle until you file, but just to make sure they're aware of your stance, send them a kindly worded letter saying, 'Thanks, but no thanks'

Pitiful offer recieved. LBA going out tomorrow!

They have only supplied an 'Authorisation Form'? Surely that's unenforceable in court?

Yes you can continue with it in court proceedings mate, i did for Capital One. Essentially you're arguing that the two things are linked, charges are unlawful, and if the defaulted amount was made up of these charges, then the default is incorrect. The Data Protection Act is all about recording accurate data, so if you win based upon Citi being unable to substantiate default charges, the default should also be removed.

Yup, certainly is. Citi took 3 months to get back to me though!

Here you go dude: Experian WiseConsumer Complete the bits at the bottom and press next

Yeah i got the same thing mate, i think essentially what they're saying is when an account is closed they no longer have to provide you will full dislcosure of the CCA, someone else may be able to elaborate further on that though. Did seem a very rude letter, no doubt it's just a templated letter though. Mine seemed to indicate i never paid them back, when in actual fact i did. With experian, just request the Statutory Credit Report online, it's £2 and doesnt' require log-in or anything. Plus it'll be up to date.

You could try, as i did with Capital One a number of times, Ellie Renshaw kept telling me to get stuffed. Essentially you have to follow the process, file in court, then push for default removal until they give in.

Go get em' Wendy! I'm waiting for a response to my letter taking a cheque as partial settlement, once i get that, it's N1 oclock

Letter sent to the Information Commissioners Office

I would also mention something about default removal in the final Paragraph too