You are right, of course. OK, is it N1 or MCOL? Sorry if it's a stupid question but I've been searching so many sites and I want to get started online. It's more the default removal but now it's got this far I want to claim for the damages this has caused. Like you say, may aswell go for the max.

Thank you Andyorch and Durkin! LBA posted recorded delivery today giving them 7 days. Will keep a running report.

Just been referred to this thread by Andytorch. I am about to take Cap 1 to court. My thread:- http://www.consumeractiongroup.co.uk/forum/showthread.php?369931-Cap-1-refuse-to-remove-default-after-ombudsman-order&p=4024139#post4024139 Defaults DO have a big impact. It has made me feel like the criminal. I have been 'hiding away' from anything financial for 4 years. Weakly leaving my husband to deal with it all (perfect credit score).....EXCEPT I found out that because we had one joint mortgage a/c (since closed, see my thread) anyone doing a check on him can also see mine!! I had to dis-associate myself with Experian and Equifax. ALSO, my daughter's financial details were tagged on to mine - meaning that anyone checking hers would associate her with me. Again, I had to order them to remove her details from my report. ....Their excuse was that the 'details were sufficiently close' for the computer to tie them together!!!!!!! I will keep my case updated for anyone interested. I implore anyone to act against these corrupt organisations.

Ongoing issue with Cap 1 thought was resolved ages ago..... I've had threads relating to it before here but it is still not finished! Briefly, had Cap 1 loan with PPI added + interest. All paid except a portion of PPI that I refused to pay when I realised it was useless (self-employed). A/c in Dispute. May 2008 took it to ombudsman. Oct. 2009 result - PPI must be refunded + interest. Cheque rec'd for balance after witheld part of PPI deducted. Aug 2011. Saw CRA report. Default showing from Cap 1 Nov 2008!!! No wonder my score was crap. Referred case back to ombudsman (who had ordered the loan be reversed to how it would have been without PPI being added - it would have been in credit!). Aug 2012 Ombudsman ordered Cap1 to remove default and pay me compensation (punitive, but something). Chq rec'd 4 weeks later. Default removed from Experian. But not Equifax. They are refusing. Ombudsman told Cap 1 again to remove Default. Still refused. Even though I sent Equifax a scan of my letter from the ombudsman and various emails between us proving that they must. My plan is to send a LBA to Cap1. 3 questions if anyone can help, please:- 1. The correct address to send the LBA to at Cap 1. The last address I had was in 2009 - has it changed? Cap1 PO Box 6750, Nottingham, NG2 3YA. 2. Because this has impacted my family life seriously, how do I calculate it in terms of compensation if/when it goes to court? The main thing was re-mortgaging. We had to get a buy-to-let mortgage on our property in order to raise funds to buy another house for us. Because of my 'bad record' I had to have my name removed from the deeds on OUR house we were renting out. The new mortgage was put in my husbands name only. The new mortgage for OUR house had to be in my husbands name only, too. 3. Does 'defamation of character' still apply these days? I certainly feel I have been discriminated against.

Ha!! Another one bites the dust! Ombudsman decided in my favour. Cap 1 admitted wrongdoing - will remove the (wrongly applied) default - and give me a small amount as compensation. OK, I could still push for them to be fined but it's all too exhausting. Enough that I get that default removed at last, so I shall accept the decision and move on to the next one. Watch out Lloyds PPI on CC, Cap 1 penalty charges then finally BC penalty charges..... Thank you everyone for your help and support! Will donate when this cheque arrives.

Thanks, Brig, I will accept that PPI is a product, not a penalty as such, so can't use that angle. You have my point exactly! Perhaps I waffle too much....! On my Credit File it shows the default AND the £2177.52 as an unpaid balance. That sum was withheld by me whilst the investigation was ongoing. As I said before this was part of the PPI (total amount of PPI £2559.55). If I had continued to pay for the useless PPI for another year Cap1 would have had to refund that to me. As it stood, they 'kept' that, rightly. The total loan + interest had already been paid plus a bit more. Therefore, on my credit file,it looks like I have defaulted still owing £2177.52, but Cap1 in their generous nature have accepted it!! OK, OK, so it's not life threatening but I am thoroughly sick of being mis-treated by these bloodsuckers. Besides, surely it is WRONG if FOS told them to revert the account back to its state before PPI was added? Retrospectively, I have NOT defaulted owing them. They owed ME. To me, Cap1 are taking the arrogant stance that the PPI wasn't really mis-sold...but they'd go along with it for a quiet life....at the same time deliberately leaving the default to destroy my life. Seems, from dx, that this happens all the time. Really appreciating your help.

Thanks, dx. I realise I am clutching at straws here, which is why I am trying to get others' opinions. Mis-sold PPI not in the same class as penalty charges then? If not, why not? It's a modern scandal - unheard of back in 1974 when banks were 'honourable' and honest institutions. In fact, I remember when penalty charges were also unheard of..... In retrospect then, even though the account was in credit at the end of the 18 month saga whilst FOS got round to my case, I still have to bear the scar of a default (for another 3ys) and a sum showing as partial payment outstanding etc.?? In my simplistic view it is called retaliation. What about the clause in CCA that says whilst an account is in dispute creditors should not default, sell on etc..... Debtor may withhold payment etc.? There must be some angle I can use to get the default removed!! How about all us 1,000,000's bombarding the banks then to get our defaults removed??!

Incidentally there were NO penalty charges. This account was flawless!!.....until I realised what a mug I had been paying PPI when self-employed. I tried to cancel the PPI once I had it confirmed by the insurers that it was useless. Cap1 insisted I must pay the remainder of the oustanding part (nearly 1 year left to run) before it could be cancelled. I WAS FURIOUS. It added fuel to the fire. OK, I can see where FOS are coming from when they said I should have continued paying Cap1 throughout the investigation.....but equally, why should I pay for something that I had been mis-sold!!! And told it was useless (by the insurers) before I complained!

Ooops, sorry, misunderstood you! Thought you meant Cap1 were correct in placing a default with CRA's..... OK, just been reading the letter from FOS (August 2009) where they say how the account should be restructured. It definitely says that the consumer must be put back into the position they would have been if the PPI had not been added. I can send an excerpt of the actual letter tomorrow if it's important (no scanner). To me, it is clear! If I had the PPI removed, the loan would have been £10,000 + interest at 6.9% APR (sorry, too tired to work it out!). I already paid them more which is why they had to repay me!! SO frustrating that it all has to be re-lived!!

Well, obviously there were 'charges without which the account would not have defaulted' (defaulted used loosely here!) - the PPI charges! I had paid ALL monies owed.... and a bit more..... Cap1 HAD to repay ME. I'm sure that today there would be no argument, PPI being what it is.... How come they are correct in issuing a Default Notice? (Which I don't believe ever was sent). Yet, according to ICO guidelines, you say they should not have issued one?? Sorry, but I just cannot get my head round this. Chicken and egg come to mind. I know that if default sums are made up of penalty charges, then the default is invalid. Isn't this the same? Or is there some clause which says No, like the computer....

I started a thread on another forum for this but now I'm at a final stage and would appreciate more specific advice/help re Default Removal. Briefly:- 1. Took out loan in 2004 with Cap1. PPI added because I was self-employed. Loaded upfront. 2. Paid every month until March 2008 when I queried the value of the PPI!! Yes, no use to me whatsoever.... 3. Final response from Cap1, took it to FOS April 2008. 4. 27th May 2009 received letter from Cap1 offering me a 30% reduction on the total 'loan outstanding' (remainder of the PPI mis-sold to me!! remember??!). Politely refused and copy sent to FOS. 4. August 2009, FOS ruled in my favour. Cap1 agreed to refund of PPI on 'goodwill basis'. 5. Received cheque for nearly £1000. Remainder cleared loan. End of. No! Last September (2011) obtained a copy of Experian report. Default issued November 2008. Marked as 'partially settled' because 'the full and final payment would not clear the balance'. £2177.52 showed still owing! To fill the gaps, I had made 50 x monthly payments = £12343.50 before taking action. Loan was made up of PPI £2559.55 +Cash loan £10,000.00 + Interest £2252.65. Total £14812.20. I stopped the DD after telling Cap1 I was taking my case to FOS (March 2008). In my logic I had more than paid the loan and interest (£12343.50 paid) and therefore had no financial obligation towards them. In addition the account was clearly 'in dispute' and I understood that they should not take any action whilst in dispute. And that I could withold payments until settled. Although, as I said before, I had more than paid off the loan (even paying the interest on the PPI!!). The only part I withheld was the actual PPI sum that I knew had been mis-sold. I complained to Cap1 and the CRA's, asked them to remove the Default. They refused. I then requested a copy of the Default because I had NEVER received anything. They replied saying they 'have no obligation to produce it......' Sorry to post such a long thread but I took it to FOS (again) and yesterday FOS ruled in Cap1's favour and the default can remain. No need to explain what it has done to my life......! I've told FOS I will appeal. Then I intend to take it to court. My main point is that FOS originally said that Cap1 must put my account back in the position it would have been had the PPI not been added + 8% stat int. Therefore, if the PPI had not been added in the first place, the account would have been settled before I took action!!!! Am I correct? Anyone with a lot more knowledge, please?? I have today sent a SARs request to Cap1 to try to get a copy of this 'Notice of Default' they told FOS they had sent to me in 2008, that I did not receive. I really do keep everything, including envelopes, from experience!!

....but only after a Default Notice/ Notice of Default has been issued? Not possible without one? Yes?.....and only from the OC? Question I cannot find an answer to is 'If an account is with FOS, is the account officially in Dispute?' The financial beings seem to think not and it's irrelevant. Surely if it wasn't in dispute then the FOS would not need to be involved?! Have done my SARs letter now. In it I asked for a copy of the ORIGINAL Default Notice, not a reconstituted one, plus proof of postage (ha! that will be ignored) - can they legally send me a made up one???

Thanks, Brig. I've been reading about how to proceed. You are right but nevertheless I WILL go to court. Obviously, I want to get all info correct beforehand. I read a post that said if a payment hasn't been made for 6 months, then the CRA's can put a default marker on my file? Is this true? As Cap1 have refused to send me a copy of the Default Notice they allegedly sent me, do I get it by paying £10 for a SARs or can I obtain it by pre-court protocol, i.e. for free. FOS said Cap1 had proved to them a default was issued. Can I ask to see proof? Am I entitled to see info between Cap1 and FOS?

Ok, update. FOS called today to tell me they have agreed with Cap1. Won't remove the default because I should have kept up with the payments. Even though I had paid the loan + interest in full + part of the PPI that should not have been sold to me (explanations in earlier posts). I argued my point but she wouldn't budge. So angry I can't think straight. #4 Brigadier said Cap1 were in the 'deep do-do' as they knew my case was being investigated by FOS. Obviously means nothing to either of them. FOS said I can dispute their decision and have a higher adjudicator look at the case. (No hope there! It's like a little clique club). I said I'll take it to court. Please can someone tell me if they think I'm wasting my time going to court??? Am I wrong in thinking that the CCA says if an account is in dispute the creditor can't issue a default and that the debtor can withold payments? Or has this all changed, too, with the arrogant banks? Also, Cap1 refused to send me a copy of the Default Notice (that I definitely DID NOT receive) - they said (quote) in their final response letter before I took it to FOS. FOS say they have seen a copy. I asked them if I could see it - no reply yet.

I really appreciate all the help I'm getting here! Thanks, guys! What we mustn't forget, though, is that MH HAVEN'T BOUGHT the debt. It is still owned by Monument. They have only appointed MH to negotiate on their behalf through MH's grand title of "MacKenzie Hall's Payment Plan Review Department". I've had reassurance from Monument that that is all it is.....yet, I suppose is the optimum word! Just copied your brilliant post about basic rules of F&F's, Ghost, that I found on someone else's thread - what a mine of information you are! In fact both of you (Brig, too!). It's too easy to lose one's confidence when faced with these situations, especially over a period of time.

Hi Ghost, Sorry, missed your post whilst busy replying to Brig. Now I have to make decisions!! Does my post about the 'Agreement' affect your thinking? I'm thinking the way to play it is to say 'a relative' has offered to help me clear my debts? Don't really want them thinking I have extra money or they may pressure me to increase my monthly plan. In fact, I don't have much to play with, but sufficient if I am very careful. Maybe 75% of total debts.....

Thanks, Brig. That sounds like a good plan. Should I mention the copy of the 'agreement' Monument sent me with my SAR? It is just a Reply Card, with my personal details and signed only by me. With a Declaration referring to CCA1974. Then IMPORTANT-YOUR INFORMATION...I have read condition 22 of t&c's.....when I looked at the t&c's they sent me with the SAR, there is no condition 22!! It is obviously an updated/recent copy because the charges are £12. They were £20 back in 2002 because there is a charge of £20 for late payment in 2006. In 2007 the charges became £12. Or don't Agreements count for anything any more? You know, the Prescribed Terms within the 4 corners of the Agreement?? I wonder if Monument know this and know they are on shaky ground if I became 'difficult'.

Thanks, you two! Yes, I know I can carry on with the original plan. However, when they started to 'harass' me the offer to settle at a lower figure was out of the question. Now, only a few months later, I can actually settle if I want to.....and I DO WANT TO! I am so tired of it all. My husband wants us both to be debt-free. He's squeaky clean. I'm the one who always puts up a fight! So, it was tactical issues really I need help with. Don't want MH to get wind of how much I have, I want to pay the LEAST I can, obviously. For the last 2-3 years I got 3 CC a/c's on 0% interest which has meant the balances have come down a lot. MH offered 20% reduction, I would prefer 40-50%. Is that too optimistic?

Hi Ghost and Brig! This a/c never left Monument. I negotiated 0% int and £45 p.m. repayment for life of balance back in 2009. It hasn't been sold or assigned even now. Monument assured me MH were only 'managing' the a/c on their behalf. Obviously to see if my circumstances had changed and if I could up the payments or clear the balance. This morning I got another letter from MH explaining this again, urging me to contact them if I could up the payment. This time they actually said I could continue with the original plan if not. So, it hasn't been sold or passed around DCA's. The issue is I CAN offer a reduced settlement figure (but I don't want them to know until I'm ready to offer something) but on my terms not theirs!

Hi Slick, Away for the w/end, so just seen your post, thank you. OK, I did use 24.9% originally then upped it to 29.9% to get their attention! If I take it back to the lower figure, the charges still exceed the 'balance', so that's fine. I want to challenge the default (Mercers and incl penalty charges in the default amount) and their reporting to CRA's w/o any agreement. Not to mention the DCA's they passed my details on to before giving up. Not sure how or why I should challenge both a/c's? I would be very happy to offer a f&f for BC2, especially as I know they are keen to get rid of this card. They make no interest on it. The charges are minimal and I'd prefer to clear the bal at a lower figure than argue over £300/£400 charges. Their offer in August was a 30% reduction, making it over £1000 off. I'm sure I could negotiate more.... It's tactics, isn't it??! Not too good in that dept!

Many thanks to you both, citizenb and ghost! The balance on this cc is now about £2800. Their offer to settle was a meagre 20% off, which I thought they may increase if I kept ignoring them. They haven't yet, just pressure me with texts, saying 'you haven't come to an arrangement yet, nor responded to our calls....etc' then 'you must call us.....' That really got my goat! Why should I?????! I've done nothing wrong. Ideally I'd like to settle at about £1500. Should I go in with a very low offer of, say, £500 first? I've never done f&f before. I would like to wipe off any adverse data but even at their 20% off they say it would show on my credit file and affect my rating. Actually, I don't want any credit but it can affect my husband's file if we're not scrupulous about it. Or would the harassment letter be better first to show I know my rights?? Last year I would have used the pathetic 'agreement' as a bargaining tool, except now it won't wash.

Hi Slick, So nice to hear a friendly 'voice'! Thanks for separating the thread for me. I realise it's confusing, except it's sort of joined in a way. The b/g to BC1 is pasted below:- http://www.consumeractiongroup.co.uk/forum/showthread.php?256522-BC-pre-1974-a-c.-In-dispute.-Letter-to-CEO You helped me loads with it, then I became a bit lethargic about the whole issue. I was ready to take it to court but other stuff got in the way. So, in July this year, with changed circumstances ( a bit of money!! - MH is tired of it all as it's affecting us being able to move - well, not him as he's got perfect credit but having to separate us financially - gets complicated) I am now able to hopefully become (almost) debt-free. OK, BC1. Balance owing (disputed a/c) shows as £1480. Penalty charges, with int at 29.9% come to £1864. Made up of £505 penalty charges + int £1359. I tried to be reasonable before suggesting they use the charges to wipe off the 'debt'. Nothing. No response, Just ignored me. The reason I'm anxious to get rid of this one for ever is because they defaulted me 2 years ago when I stopped paying. They stopped chasing. Mercers DN, includes penalty charges, no CCA (pre 1974), the list goes on.... July 2011, I sent the LBA giving them 7 days before court action. That was when they sent me a letter about BC2 (within 6 days), offering a 30% reduction on that balance which is over 4k (closed a/c but paying £60 per month, 0% interest). Again no mention about BC1, only BC2 which I hadn't written about!! They did this last year aswell! It threw me completely - probably their intention! So, really it was 'what are they up to???' Hope that clarifies things a bit!! I'll start a new thread for BC2!

Sorry, I think you must have misunderstood my post. I did a SAR after the letter from Engage firstly to see if there were penalty charges to reclaim. They duly sent me all statements and the original credit 'agreement'.So, I have the 'agreement'. That's not the issue (except it would probably have been deemed unenforceable before the recent court cases etc). I understand now that the way to go to reduce the balance is to reclaim all charges with contractual interest. This was my intention, except there aren't many charges to reclaim. Engage (who are 'managing' the a/c on Monument's behalf) are now pressurising me to make changes to my agreement - loads of phone calls/texts etc. which I ignore, so I've never spoken to them. They are getting quite threatening now. I complained to Monument who just say they are to trying to get the debt paid more quickly (for my benefit!). I told them I was quite happy to continue with the current arrangement. This obviously does not please Engage (Mackenzie Hall offshoot) and they are harassing me. In fact, it's the way they go about it when I have stuck to the agreement perfectly. I now do have funds to pay but yes, I want to pay as little as possible! So, yes, it's help with negotiating a f&f that I'm looking for. The rest was background information, that I have done a SAR etc. before people tell me to do that first!

Oh, sorry, I didn't say I was paying both a/c's until 2008 when I got into difficulty. The 1st BC I put into dispute and I haven't paid anything since. The 2nd BC I continued to pay at 0% interest after negotiating with them around 2009. We are re-mortgaging, unexpectedly and I have to be kept firmly out of the picture because of all these problems. MH is buying alone and the house has to be in his name only. Although it doesn't matter technically, it makes me angry that these institutions can control my life. I want an end to it all.

In 2008 I couldn't keep up full repayments on the Monument CC. I explained to them my difficulties and the (American) consumer services said I could close the a/c, they'd freeze all interest and I could pay half the minimum monthly payment until the balance was cleared or I could pay it off. All went well. I agreed and have never missed a payment or been late. Then a few months ago I received a letter from Engage (Debt Solutions!!) offering me a 20% discount to pay off the balance in full. I called them refusing to say who I was but asked (hypothetically) what it would do to my credit rating. Of couse, it would show as settled (partially), which won't help my credit rating at all. I did a SAR and Monument (who have not sold the a/c, only passed it over to Engage to negotiate) sent me all info. They haven't cashed my cheque. Not much in charges. The credit agreement was nothing more than a photocopy of the reply card I'd completed and a copy of t&c's which couldn't have related to that time because the charges were £12. They were actually £20 when I took out the card because there was a charge very early on for a late payment. Please could someone with experience advise on how to approach this, please? I do have a lump sum to clear my debts but not enough to pay all in full.