Woah dude, no need to be defensive, we're all here to help or be helped. The letter you posted up there is the standard guff that Ellie Renshaw and her cronies send out. Anyway, moving onto the issue of payout, if you have contested these charges, regardless of who Capital One have sold them on to, they are still unlawful (or at least that's your argument till they prove us it does cost them £12). What letter did you send them RE: the partial settlement, maybe it needs reiterating that you haven't settled in full. Claiming from Capital One should essentially be a pretty straight forward process, so long as you stick to your guns.

May well spark off a debate, may be a simple answer. If, when claiming for unlawful charges against a credit providing organisation, if a default has been applied to the claimants credit file, and the defaulted amount is less than/pretty much the same as the total charges is it possible to tie these two together with law. As in, under the Data Protection Act, it states, amongst other things that Data should be accurate. If you were to convince a District Judge that charges are indeed unlawful, could you then say, if those charges are unlawful, the Default placed on the Credit File does is also inaccurate, and therefore in breach of Principle 4, in Schedule 1 of the Data Protection Act? Also, if an organisation does not provide the Data Subject with the required data, say for example, Manual Intervention, under the S.A.R - (Subject Access Request), could they also be in breach of Principle 6? Discuss!

Have you accepted in full and final settlement as they say? If so, it's game over unfortunately.

Are you currently reclaiming charges? Tie to two together, default removal is possible, I and a few others have had default markers removed.

The fact that the default was added the same day as i paid Citi would lead you to naturally assume they jumped the gun in applying it. More annoying for me, as there is no manual intervention to support my case, they could merely claim it was coincidence that i was defaulted on the very same day that i paid them £X amount,even though I continued to pay the same amount, every month until they actually owed me money. Needless to say, i'm bundling default removal and charges together, as the charges total up to more than the default amount. So whether inaccurate through internal imcompetence, or through the application of unlawful charges, it doesn't really matter, i have two arguments as to why the default shouldnt be there, funny how Citi seem to completely ignore what i'm saying though.

Excellent thanks Enron. Citi have complied with the release of Statements, it's just everything else. I find it pretty poor that they hold no other information other than statements. No doubt the Manual Intervention did show that i am correct and the default on my credit file was an internal communication breakdown, hence why they purged it. However, as with everything in IT, you never truly purge information, no doubt it's all stored on a tape back up somewhere

Thanks Enron, i used to work for NatWest so fully understand the procedure for late payments etc (a.k.a a completely automated system, albeit the letters being folded and put into envelopes!) Regarding the manual intervention, yes i got a half a a4 page of a spreadsheet, it had details around my recent letters requesting SAR and such, but it said all other information was purged. The account is closed off, but as far as i know, should ALL information on my account with them be kept for 6-7 years?

Rejection letter drafted, sending recorded today.

Prelim Sent today - recorded

Thanks for the input Enron, much appreciated. As an aside to this, when i applied for SAR, i got no detail of Manual Intervention, as the system was 'purged' in 2006. There was actually a verbal agreement for a repayment plan for the Credit Card, one I stuck to in it's entirety. I was defaulted on the same day that i actually first paid them this agreed amount, proven by their statements showing my payment to them, and my credit file showing the default placed on the same day. Without evidence of this manual intervention i am unable to prove this agreement, but am suffering because of their obvious inept internal communication. Is this something i can factor into my case around default removal? Is there anything that states they should hold all cases of manual intervention for a given timespan? I have written a letter explaining this situation, though as often happens, i have heard nothing back. No doubt it's at the bottom of a pile of other SAR's!

I'm not sure about the process for claims in NI, but if it's the same just go for it. Capital One will not be going to court, that's for sure. Hold out for the default, it is possible to have it removed, despite what they say.

Agreed with Wendy tbh. What's your reason for trying so hard to have the late markers removed? A default is a biggie in terms of adverse credit, the late markers are not really too bad.

Totally out of the blue as i haven't as of yet filed an N1 against Citicards. They've sent me a settlement offer, of the difference between my full sum of charges and the OFT 'guideline' of £12, with the wording 'accordingly an ex gratia cheque for that amount has been enclosed with this letter in full and final settlement' They have gone on to say that they will move to have any claims against them to their local court because they are a defendant and innocent until proven guilty. Therefore, should not be disadvantaged in defending itsself. Needless to say, i'm not accepting the offer, come the end of the month i'm filing in court. Is there an templated letter for rejection of Citicards offers? Thanks

I predict (Mystic Meg style) they will reiterate why their offer is fair, and will tell you to accept it to avoid wasting valuable court time!

It should be recorded on your Credit file, have you checked them all (Callcredit/Equifax/Experian)...i've recently got them all, and they're all different!

Yup, as Wendy said. I emailed them first, they replied, but had a more formal reply by letter.

I sent them an email off the cuff, because i couldnt be bothered typing up letters, sending them recorded and going to the post office. After my first email, i got a letter confirming they would settle my claim

It's up to you whether you do go for CI, but given that Citi are the hardest to claim from, and not known for bargaining in the slightest (it's hard to get them to pay out, even when a judgement has gone against them) i would keep the case as simple as possible

Personally i sent everything recorded to speed up the process. I even resorted to email towards the end.

Nah, they'll send you your cheque i would have thought

I'm of the same opinion as Wendy mate, you're going to have a fight on your hands anyway, adding CI to the mix will make it harder on yourself.

Too small to read, but it may well be enforceable. One of the more senior members may be able to confirm this though

Mine is pretty much the same as that! Just use the one on the link dude

Send the LBA rejecting their offer, if you wish i can post up the letter i used. Are youu sending everything recorded?

I won a couple of weeks ago. Regardless, once filed in court, they'll give you the full amount.