Hi yes i believe only £55 is owed techncially as the default registered was for only £1315 and i have paid £1260. So dont see how they can justify the other amount added. Any suggestions? or can they legally added to the defaulted amount?

Dx I guess i've got to send the letter regards to the calls to stop them and any further corrospodence in writing. But then i know they will write back demanding the amount owed they claim to be £1719 (which they have added interest or charges onto which has inflated the amount by 30% of the default amount). I want to put the matter to bed but am looking for guidance on the best way of closing this but taking in to effect that i have paid 1260 of the £1315 the origional registered default amount, i would be happy to pay them as full and final payment. I'm just not exactly sure how to approach this? Or even if I should, which i think is what you are saying. Just want to get them off my back as i have rebuilt my credit score. Im just not prepared to pay any more than the £1315 and for the sake of £45 I would like to close and settle the matter for once and for all. Even if i have to pay that but not a penny more!!!

when i was paying capquest the amount owed on the CRA's did show as falling!!

thanks for replying so quickly dx1000uk. Can a dca add interest to the account? And at what rate? Should i send the letter regards to the telpehone calls? Thanks

Thanks

Hi Everybody I am hoping to get some advise urgently and the right way to proceed. I had a defaulted bank account with RBS after becoming unemployed and I was unable to get out of the circle of charges after charges to the account and the account defaulted in March 2005. I dont have statements but the default fell off my credit files in March 2011 and but the registered sum of the default was £1315 and the account was never CCJ'd. I would say I was overdrawn to about £500-600 at the time and the bank charges to the account were approx £700-800 with a default of £1315 being registered with all the CRA's. I dont remember hearing anything until around Dec 2007 again until Capquest wrote to me to inform me that they had purchased the debt from RBS. And I owed a sum of £1719 suddenly After avoiding them for the best part of 9 mths, they sent me a statutory demand and I panicked and I called them and agreed to pay £120 per mth (stupid i know)! After paying this for the best part of a 11mth period I have caluclated i had paid Capquest £1260 towards the registered default of £1315. After nearing the amount i queried with them real amount owed before i carried on making any further payments as the default was from £1315 but they never sent me any breakdowns of how they had added on £459 to the the registered default amount. I made my final payment in May 2009 and as stated have paid them £1260 to date. I've had the odd occasional letter from them since but in feb 2012 i got letter from past due credits chasing the debt on their behalf and checked my credit files and past due had done a trace search on me! But on Monday i got a telephone call from them at my place of work!! Was shocked and angry. So I know i need to deal with this now and are going to send the 2 following letter below regards to calling me but i want to know the following please if someone can help: 1) Can they add interest to te defaulted amount? As stated default amount was £1315 and I have paid to date £1260 (last pyt in May 09). So i think owe them no more that £45 and considering £700-800 was of bank charges! 2) How can they legally justify adding £459 worth of interest to the defaulted amount? 3) How do I put the account into dispute to established the true amount owed. I know a CCA wont work due to it being a Bank Overdraft. I have a copy of my Credit Files showing the default amount being registered by them for £1315. Letters below for the phone calls im going to send tommorrow but like to send another letter as well for the amount owed. So i hoping someone can advise please. Thanks in advanced FORMAL COMPLAINT - HARASSMENT BYTELEPHONE. Dear Sir’s I am writing in relation to a telephone call which I have received from yourcompany on the 15th October 2012 at my place of work, my mobilephone and my parent’s home as well. Which I deem to be personally harassing tome. I called your number back on the 15th October after a initial call awork colleague of mine had taken from you at my place of work! And I spoke to amember of your staff called Benny. At the start of the call I advised themember of staff that the call was being recorded by myself and I had verballyrequested that no further calls were to be made to my place of work or to anyof other numbers you had for me on your files. I requested they were immediatelyremoved from your records and any further communication to be done by writtencommunication, which Benny your employer had advised they would be. Unfortunately as your company havefailed to adhere to this and with further calls having taken place to my mobilephone as well as my parents home on the 17th October 2012. Numbers,which I have also requested to be removed whilst speaking to Benny. I now require any and all furthercorrespondence from your company to be made in writing only. I am of the view that your continued harassment of me by telephone puts you inbreach of The Consumer Protection from Unfair Trading Regulations 2008, and theProtection from Harassment Act 1997. If you continue to harass me by telephone, you will also be in breach of theCommunications Act (2003) s.127 and I will report you to OFCOM, TradingStandards and The Office of Fair Trading, meaning that you will be liable to asubstantial fine. Please treat this also as a formal complaint under the procedures set out bythe Financial Ombudsman (FOS). As such, you are required to send me a copy ofyour company complaints procedure. Furthermore, please note that the FOS consider it 'unfair' for you to continue with phone calls whenrequested not to do so. Be advised that any further telephone calls from your company will be recorded. Yours faithfully, FAO: Data Controller of (creditor/DCA) - Section 10 notice underthe Data Protection Act 1998 I withdraw my consent (under s.10 of the DPA) for you to process mypersonal data with respect to my personal or work telephone numbers registeredwith you or stored on your systems/records. The processing and use of these numbers is causing significant distress. Advice from The Consumer Credit Counselling Service and the InformationCommissioner indicates that your retention of contact details in the form of acorrespondence address is sufficient to fulfil contractual obligations. This request supersedes any contractual provision that you may claim exists,and any attempt to claim otherwise will not be accepted or tolerated. Under the DPA you have 21 days to respond to this request, and 28days to cease processing and/or remove the data from your systems. Futureuse of my telephone number will be recorded and will indicate a breach of myrequest under the DPA, this will result in a complaint being raised withthe Information Commissioner. You will be deemed to have been served notice of my request and I will deem itserved by 20th Oct “, I am advising you that any calls receivedafter this date will be recorded with the intention of them being used as evidence. Yours faithfully,

dx100uk thanks for the prompt response to my reply. This was a bank account overrdraft which was defaulted back in march 05. Which was overdrawn to the sum of about £400 but defaulted on my credit file at £1315, with £915 being bank penalty charges. As i said i ended up paying back capquest around £1210 and questioned the amount owed as the default amount on my credit file was £1315 and the were after £1750! Any advice please on the outstanding debt search only on my equifax credit file. Should i write to them again and if so what? Will this not affect my credit rating as equifax state?!

Right just received another letter today from past due The letter is basically headed as reduced settlement offer. Amount Owed: £459 and as gesture of goodwill capquest have authorised them to reduce the amount to £229 and if i pay this in full i will have nothing more to pay. Goes on to say this is limited time offer and if i dont they will continue to press to recover the full amount. Now i dont believe i owe them anymore but to get rid of them and capquest for once and for all i am thinking maybe i should accept the offer on the condition they 1st remove the search from my equifax credit file for oustanding debt. Though Equifax assure me this doesn't affect my credit file and other lenders can't see it!! Can anyone tell me why a search for outstanding debt is done in the 1st place? Any suggestions or advise as to what i should do next would be most welcome. Thanks

Have had this response from Equifax today: Thank you for getting in touch. 'Outstanding debt' searches displayed in the 'Table 1' section of a Credit Report will have been carried out as part of a debtor tracing procedure by the creditor or their appointed agent. These searches aren't visible to any lender performing a credit application enquiry or to any other creditor tracing a debtor or collecting overdue debt. This information remains on your credit report for 2 years from the search date. For further information on the search you should contact the company that carried out this search. Pastdue Credit Solutions Ltd Phone: 0844 811 3701 You’ll find more information about your credit report at: http://www.equifax.co.uk/help. If you have a question, you should find the answer in our FAQ section. If not, you can send us an online query, and attach your documents to it – no need to worry about them getting lost or delayed in the post. I hope you find this useful. If there’s anything else we can do for you, please let us know. Kind regards Equifax Customer Services Any suggestions?

follow the advise given. check your credit files ASAP.

Ok thanks for the advice dx100uk and BRIGADIER2JCS. I've sent that letter today so we'll see what i get back from them! A bit concerned about the search they've made on my credit file and it getting it removed. I would consider paying off the debt to finally get rid of it for once and for all. Maybe negotiate the amount due down and insist on the removal of the search. Which I think was done maliciously. What do you think? And good luck with yours too Darkstorm1308

gonna send this letter Dear Sir/Madam You have contacted me regarding the account with the above Case number, which you claim is owed by myself. I would point out that I have no knowledge of any such debt being owed to Past Due Credit Solutions or the client you claim to be representing Capquest. I am are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive and or unfair methods. Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment. I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question. I have also asked checked my credit report with Equifax yesterday and found that your company Past Due Credit Solutions have made a credit search against my credit file for an outstanding debt on the 03/02/2012. I find this most alarming as I have not authorized your company to carry out such a search, the matter is made far more serious by the fact that these searches are regarding outstanding debt and listed under searches made with regards to Credit Applications. From my research into Past Due Credit Solutions, you do not offer any credit facilities and as such this search is clearly inappropriate and a misuse of credit searching as well as being in breach of the Data Protection Act. I ask this search is removed from Credit Files with immediate effect as this is a blatant misuse of Credit Searching. I shall seek to recover compensation from both Past Due Credit and Equifax, using the county court if necessary, this will increase the compensation claimed and incur costs as you are obviously aware these searches have seriously damaged my ability to gain credit. I believe you have done this in a malicious manner. I have contacted Equifax today and asked them to investigate the matter and await their reply. I have also requested my credit files from the other 2 credit reference agencies Experian and Callcredit to see whether if your company has made any further searches. I await your written confirmation that this matter is now closed and the unauthorized credit search you have undertaken is to be removed with immediate effect. Otherwise I will have no option but to make a complaint to Trading Standards, inform the Office of Fair Trading of your actions and issue court proceeding regards to the unauthorized search on my credit file if necessary. I look forward to your reply. Yours faithfully Any thoughts please?

Hi all I too have received a letter from these cretins as well. I received the formal demand letter from Past Due Credit on behalf of their client Capquest, dated 6th Feb and giving me until the 13th Feb to pay £459 debt owed but today I received a Notice of Impending Action letter from them. Letter says as i have not paid off an outstanding debt of £459 off and that they may recommend Cap Quest to issue a claim against me in court. What should I do? Basically this was an old bank acc with RBS which was defaulted in March 2005 and this fell off my credit file in March 2011. Capquest had bought the debt from RBS and began chasing me for the debt in early 2008 claiming i owed them £1800 but the default issued on credit file by RBS showed £1315!! They then sent me a Statutory Demand Letter (which scared me) at the time and i started to repay the debt but i disputed with them all the time the amount owed was incorrect. In the end i managed to repay Capquest £1210 over about a year and as I was approaching the £1315, i told them i would not continue making any further payments until they provided proof of the true amount owed which they never did. This was in March 2009 with my final payment to them as well. Basically i received a couple of letters from them in late 2009 but never responded. I've also checked my Credit Report today which i check regularly and is clean with and no adverse credit on there but Past Due Credit Solutions have entered a Credit Search in Table1 for a outstanding debt search showing on 03/02/2012. Really angry What should i do? Can they still register a CCJ against me? I presume the search they have entered will affect my credit rating? Please someone can you point me in the right direction. Thanks

Emailed cap 1 last week in regards to accepting their offer of the money and discontinuing the claim, provided we both picked up our own costs. They sent me a cheque, which i received today in the post and tomlin report to sign. I've attached the tomlin report, can you please take a look and let me know if I'm alright to sign this? Looks ok and has the text for 'No Costs'.tomlin report.pdf Thanks for the all the help and guidance

i am out my depth here now and really need to some guidance now. What should my next course of action be? Obviously i don't want to be getting battered by costs is their anyway i can continue or should now take the money and discontinue!! From the advise I've received that is what it seems! Hopefully some can advise different.

This was the letter that i sent to the court y;day The Court Manager, I am writing to inform you that after verbally informing ****** County Court on Friday 29th October 2010 in respect of my directions in this claim. I am able to confirm that I am happy to accept the Defendants offer to refund the unlawful default fees side of the claim, for a sum of £751.91. Unfortunately the Defendant has still failed and is still unwilling to remove the Default which was entered inaccurately onto my credit files, which occurred in the 1st instance of these unlawful default fees being added. I have advised the Defendant that my claim is in two parts and they are intrinsically linked. The Defendant feels this is full settlement and I also believe they will defend on this basis. I do not feel this is full settlement but a partial settlement in respect of the monetary side of the claim to be resolved and with the removal of the Default still an outstanding issue in this claim. I believe I have given enough reasons to the Defendant to question the validity of the Default they have registered on my credit files. I feel that the only way I will be able to get this matter fully resolved is to continue through the courts and let a County Court Judge make the decision on the removal of the default. As I have advised the Defendant that should they change their mind then I am happy to enter into a further discussion in order to bring this matter to a final conclusion, before the need to waste further valuable court time. I am enclosing a copy of their settlement offer letter, as well as the response I have sent to the Defendant and correspondence via email between me and the Defendant. Please could you kindly add these to my case file. As requested by the Court, I am available to attend Court for all dates between 01/12/2010 to 31/03/2011. Yours faithfully (Claimant)

Hi really need some help now!! what should my next steps be taking on car2043's comments?

hi car2043 thanks for reading my thread and stating your view. I must admit your comments posted are making me somewhat uncomfortable. Yes I have accepted the unlawful default charges ! But only as the judge stated in the allocation meeting I was being unreasonable in not accepting the amount they offered but told me if I though I could prove the default was incorrect/provide proof, then i should continue to pursue that line of the claim (cap 1 them have stated that in their email!). Personally being at the meeting that is what it felt he advised me. The following point in my opinion need to be considered: The court letter i got and have posted on this thread 23/010/10 @ 17:37 states the claim i had with judge at the allocation hearing, that the claim will not be heard by him. So, I will have a different judge, again making this claim again open to interpretation.

They are playing harball but of all the questions I asked them in relation to the default, I don't think they have not come back with back anything concrete to justify it should remain. They keep saying they will ask for costs but the judge had implied to me at the hearing that he thought i should accept their moneyside offer and that was what he implied i was being unreasonable on but continue for default removal (as cap 1 have put in their email) if i could prove it shouldn't remain. I believe i've shown 4 good reasons why the default should be removed and they've come back with some obligations and i've accepted the moneyside offer of the claim. Hopefully a judge and other reading this thread can! Will they still have to defend in court the charges even though i've accepted their default charges offer?

Basically i sent another email this morning, see below: Dear *** **** I thank you for taking the time to respond to my email and the letter I had attached, dated 25th October 2010. After carefully considering your response in the email below, I am disappointed in your stance to still claim the default and late payment markers registered is accurate or correct. As I have stated to you in previous communications, my claim is in 2 parts and they are intrinsically linked. You claim to have acted within the terms of the credit card agreement. If you truly believe at Capital One that you have acted lawfully and then within the terms of the agreement, why have you then offered to refund the unlawful default charges along with purchase interest, statutory interest and the court fee?? Considering the current financial climate we operate in and with the legal facilities available to a multi-national organisation such as Capital One, I believe that you would vigorously defend these default charges, if you were truly in the belief that they were lawful. To offer me a refund and 1000's of other customers of yours who have also disputed these unlawful default fees added to their accounts, clearly you do not really believe them to be lawful! And your continued 'goodwill gestures' and 'without admission of liability's', just go on to prove this in my opinion. As you will be aware, I am not your only customer to have disputed these charges with you and then proceeded in taking Court action in order for a refund of these default charges. From my research you continue to offer refunds of 'goodwill gestures' and on a 'without admission of liability', knowing full well you would struggle in a court of law to actually justify these charges to be legal. You also persist in saying that I never raised any issue at the time the default charges were applied. I would like to point out that the charges were applied during September 2004 to September 2005 and it was not until April 2006 that the OFT wrote to all Credit Card providers in relation to these fees being unlawful and this was then brought to the attention of the media and the public. The point now is that I have disputed these fees, so I feel your point here is quite irrelevant. Clearly then the default applied to my credit files must also be unlawful, the default balance registered as I keep stating is for a sum of £594, of which 78% is made up of these unlawful default fees that you are now willing to refund and this is without even considering the interest you have charged on top these fees as well. I am fathomed on how you can continue to state that the default is accurate or correct. Your have also gone on to state that disputes are for unknown and unauthorised transactions, please provide evidence of this in writing, as I am convinced otherwise. I have been disputing this account since 28th January 2010 when I originally wrote you for a refund and the default removal. I believe that the £460 of default fees charged to my account to be an unknown or unauthorised transactions that should never have been issued in the 1st place due to it being unlawful and seemingly you do not. I have spoke to court yesterday in relation to giving them notification on my directions and they have agreed for me to verbally inform them by Friday 29th October by 2pm in the hope we are able to reach a settlement on the default registered and the need to waste further court time. On that basis I am able extend my request for you to agree to remove the default from my credit files until Friday 29th October 2010 until 1pm and responding to this email address, so this matter can be resolved. Again if no response is given, you leave with no choice but to continue the claim for the default removal, where you will 1st have to in my belief defend that the charges were lawful! I reserve the right to refer to these emails in Court. Regards Their reply at 12.30pm: Dear *** *****, I appreciate you getting back to me so quickly. I agree that your claim is in two parts, however I believe the monetary issue of your claim has been resolved, leaving the credit file information element remaining. I don't believe that one relies on the other. I have explained that the default sums were not the reason your account defaulted, and therefore the default is correct. On this basis we believe that your claim for the removal of the information on your credit file will fail. This is supported by the outcome on a number of other cases where this issue has been considered by the court. At the Hearing on 29 September 2010, the Judge stated that the issue was whether you were able prove that the entries reported are untrue, and if you couldn't then he asked you to consider whether to pursue this claim. The information and comments you have provided does not prove the information we have recorded on your credit file is untrue. (I would like to point out that the information on your credit file relating to your account with Capital One automatically comes off your credit file in October 2011, being six years since the debt was satisfied.) I feel that I have explained our position clearly and I am disappointed we have not been able to resolve this remaining element of your claim. We reserve the right to draw this communication to the court’s attention on the question of costs. Regards My final reply to then imforming then of my intentions:[/b Dear *** ***** I thank you again for your swift reply. I agree that we have finally resolved the issue of the unlawful default fees applied to my account and which you are willing to refund. I am now waiting for your cheque to be received. Your comment in relation 'to the Hearing on 29 September 2010, the Judge stated that the issue was whether you were able prove that the entries reported are untrue, and if you couldn't then he asked you to consider whether to pursue this claim. The information and comments you have provided does not prove the information we have recorded on your credit file is untrue'. It is my view and stated below that there are enough reasons to question the truth and accuracy the default that has been registered: 1) Your offer to refund the unlawful default charges, 2) 78% of the £594 balance registered on my credit file is made of these unlawful default fees and that is without considering interest charged on top. 3) The Lending Code you are a signee of, clearly stating; “13.6 We may give information to Credit Reference Agencies about the personal debts you owe us if: the amount owned is not being disputed” 4) Breaching of the Consumer Protection From Unfair Trading Regulations 2008, specifically Regulation 5 which states: 5.—(1) A commercial practice is a misleading action if it satisfies the conditions in either paragraph (2) or paragraph (3). (3) A commercial practice satisfies the conditions of this paragraph if— (b) it concerns any failure by a trader to comply with a commitment contained in a code of conduct which the trader has undertaken to comply with, if— I feel your point in stating that the default automatically comes off in October 2011 is also irrelevant. The fact remains that the account was disputed as far back as January 2010 when I wrote to you and disputed the unlawful default charges. Unfortunately as we have been unable to resolve the issue of the default and on that basis I have informed the court today that my claim is to continue for Default removal and the inaccurate data recorded and believe I have given you enough reasons to question the validity of the information you have recorded on my credit files. Should you change your mind then I am happy to enter into further discussion in order to bring this matter to a final conclusion and before the need to waste further valuable court time. Regards

My email below to cap 1 sent y'day: Subject: Claim No: ****** Dear **** *******t Further to our conversation on this Monday 25th October 10 and you letter dated 20th October 2010, please find attached my letter in response to the above Claim against Capital One at **** county Court. I have also sent you a copy of this letter in the post. As you will be aware, we are required to notify the Court by this Friday 29th October 2010 - 4pm, in relation to whether a settlement has been reached in this Claim. As I have stated in my previous letter dated 30th September 2010, our conversation on Monday and in the attached letter, I am prepared to accept the sum of £751.91 on offer from Capital One as a refund, for the default fees charged to my account on the provision the default registered on my credit files is also removed along with the late payments markers. Due to Capital One claiming that I have cashed the cheque that was sent to me back in June 2010, which I have advised you that I returned to Natasha Barnett at Capital One on 02/07/2010 and your continued admissions that the default registered is correct. You are leaving me with no choice but to continue the Claim and notify the Court for the reasons outlined above. I do hope you take into serious consideration as to what is mentioned in my letter, in this email and a settlement can be reached before the need to continue in court. I will give you until Thursday 28th October 2010 by 3pm, to respond to this email address as to whether a settlement can be reached. If no response or settlement is received, I will then be notifying the Court for the Claim to continue for the reason as outlined above and in my letter attached. Regards Their response today by email: Dear Mr ****, Thank you for your email and attached letter. Following our conversation on Monday this week when you advised me that you had not in fact cashed the cheque for £751.91 which Capital One sent to you in June, I raised this with our Finance Department. Following their further investigation, they have confirmed that the cheque was not cashed, but I am still waiting to hear why we had originally been advised that it had been cashed. However I do apologise for any confusion this issue has raised. I have requested that a further cheque for £751.91 is sent to you in settlement of the monetary element of your claim, which you have agreed to accept. The only element of your claim now outstanding is the information we have recorded on your credit file, which you allege is incorrect. As I explained on Monday, we are not prepared to negotiate on the credit file amendment you have requested ie, that the default is removed along with the late marks. The information we have reported accurately reflects the way your account was maintained by you and is correct. In addition, your comments about issuing a default on an account when a balance is in dispute are not relevant in your case. "Disputes" refer to any unknown or unauthorised transactions appearing on a customer's account and do not relate to default sums charged to an account in accordance with the terms of their credit card agreement. In any event, you had not raised issue with the default sums previously and only did you do so after the default was added. I hope I have explained our position clearly. I am disappointed we were unable to resolve this outside of the Court process but our instructions are to continue to defend the claim on the basis of the above. Regards **** ***** Legal Specialist (Non-Solicitor) Capital One Bank (Europe) Plc Any thoughts? I'm thinking on another email to them as i phoned the court today and asked if i could verbally inform them of my directions as I believed there maybe a possible settlement in sight, they said that was ok provided i sent a letter as well tomorrow in the post. So i'm thinking on sending another email this evening (which i'm working on at the moment and will post soon ), giving them until 1pm till respond for removing default or I will inform the court that i paritally accepted their offer in the moneyside of the claim but wish to continue the for default removal.

If it were me I'd wait till the morning prior to court and then phone them in the morning giving them until 3pm on that day to agree to the clearing of the default reminding them that it is they that are being unreasonable. Shadow do you mean before the end of the stay ending this friday at 4pm? or when the actual court date is given. Also can i just phone up the court on friday and state I wish to continue the claim if no settlement is reached? They are playing hardball. Though the defaults i've seen removed from my research have generally been removed very close to the actual court date. Though I'm sure you can tell me different

shadow and mr lex thanks again, this is letter i knocked up and sent to them today from your advise: Further to your letter dated 20th October 2010 and our conversation on Monday 25th October 2010, I am disappointed that we have still been unable to reach a satisfactory conclusion in this matter. Taking guidance from the comments made by Judge ***** at our recent allocation hearing at ***** County Court. I wrote to you on the 30th September 2010 and stated that I would be prepared to accept your offer of £751.91. As is offered in your letter dated 16th June 2010 and in the Defence you have submitted to the Court and me. I also requested that the default on my credit files was removed. Unfortunately due to the response in your letter and our conversation you are still unwilling to remove the default and furthermore you have stated in your letter that I have cashed the cheque you sent to me in June 2010. As I have advised you in our conversation, I suggested that you rechecked your records thoroughly and that you would find that the cheque (chq no. *****) had in fact, not been cashed by me and was returned to the sender at Capital One (***** ****) on 02/07/2010. I do not take kindly to such false accusations and will certainly be now pointing this out to the Court and Judge and asking for you to provide evidence of this allegation. You continue to persist in denying the default is incorrect. The default amount registered with the Credit Reference Agencies is for a sum of £594, you at Capital One have stated in your letter and witness statement that I have borrowed £326.85 and repaid £192.10 prior to the registration of the default. Which then would leave a balance of £134.75, so I ask you, how can a default registered for the sum of £594 be correct or even accurate? Taking into consideration you charged me £460 of what I believe to be unlawful default fees and for you to then claim that the default fees did not cause the account to default to a balance of £594 is quite dumfounding! If you do the simple maths it is quite clear to see how the account managed to reach a defaulted balance of £594. I believe your offers of ‘goodwill gestures’ and ‘without admission of liabilities’ are merely smokescreens in order to hide behind in admitting in my view, that these default charges added are unlawful. I do not believe Capital One would offer any form of refund if you truly believed them to be lawful and defendable. Your offer to refund the unlawful default charges, purchase interest charged, the 8% statutory interest and the court fee amounting to £751.91, in my view shows your admission that you are fully aware these default charges applied are likely to be unlawful. If they were not, I am 100% positive that no refund would have been offered or on offer. This surely then brings into question the accuracy of the default you claim to have registered accurately. You state you have obligations to your Consumer Credit Licence, the Information Commissioner and other Lenders that the information recorded with the Credit Reference Agencies is accurate and should not mislead. So how indeed can you still claim to say the information recorded is anywhere near accurate or not misleading? You conveniently fail to mention your membership to the Lending Code and your obligations towards this Code, which clearly states you must cease reporting the status of this account to all credit reference agencies, where the amount is disputed, I quote: “13.6 We may give information to Credit Reference Agencies about the personal debts you owe us if: the amount owned is not being disputed” By continuing to report the status of the default and late payment markers, you are also breaching the Consumer Protection From Unfair Trading Regulations 2008, specifically Regulation 5 which states: 5.—(1) A commercial practice is a misleading action if it satisfies the conditions in either paragraph (2) or paragraph (3). (3) A commercial practice satisfies the conditions of this paragraph if— (a) it concerns any marketing of a product (including comparative advertising) which creates confusion with any products, trade marks, trade names or other distinguishing marks of a competitor; or (b) it concerns any failure by a trader to comply with a commitment contained in a code of conduct which the trader has undertaken to comply with, if— (i) the trader indicates in a commercial practice that he is bound by that code of conduct Clearly you should and are able to remove the default and late payment markers from my credit files. Yet you continue to exercise to me that it dictates that you are unable to remove the default. If this really is the case, then please provide me evidence in writing, that you are unable to remove disputed defaults. Having taken on board the comments made by the Judge at the allocation hearing in order for us to resolve the matter, I had hoped that common sense would prevail and an amicable solution could finally be reached that would be satisfactory for both of us. Due to Capital One now claiming that I have cashed the cheque of £751.91 and your continued approach in claiming the default is accurate, you leave with me no choice but to continue the claim. I feel this hardly amounts to me being unreasonable. Your legal representative at the end of the allocation hearing asked the Judge if I would be liable to your costs if I continued to pursue the claim and the Judge clearly informed him that no costs are liable to the Claimant with the claim being issued along the Small Claims Track. I reiterate to you again, I am happy to discontinue the claim on the provision that the sum of £751.91 is refunded to me, the default and late payment markers are removed and then this matter can finally be put to bed and we can both move on from here. I look forward to your response at your earliest convenience. Yours Sincerely I've got a few questions? 1) Do you think I am likely to be hit with an unreasonable costs? Considering I've told them three times since the allocation hearing that I'll take the £751.91 on offer provided they remove the default. 2) They claim i've cashed the cheque, when I know for 100% i returned it to them and they can't provide proof as it was never cashed by me or even it has it certainly has not in one of my accounts or been signed over to any 3rd party by me either! On that basis I believe I should carry on or should i not? 3) Should I call them again or wait for their response? I personally think they won't settle now before the case but possibly before any actual court case where they may have to actual defend the charges??

Hi Mr Lex and Shadow Thanks for you advise again. I called 'Miss what her face at capital one', today. I informed here that I received her letter regards to my claim and that I was very concerned they she and cap 1 were claiming that i had cashed the cheque of £751.91, when I had infact returned it to cap 1 on 02/07/10 . She said she would look into it. I also told her that the judge had basically guided me to accept their money offer and only continue for default removal if i could prove it was incorrect. So I was hardly being unreasonable as they are stating. I told her that I would accept their offer of £751.91 provided they removed the default. She flatly refused saying cap 1 couldn't remove it due to obligation to their Consumer Credit Licence. I asked what about cap 1 obligation to follow the lending code, which they quite conveniently dismissing in this claim. She has no answer!! I told her that she was leaving me no choice but to continue the claim and needing a judge to adjudicate as they were lying by saying I had cashed the cheque and they still refused to remove the default. I also told her that after the judge at the allocation hearing had told me and cap 1's lawyer that the claim was going go along the small claims, their lawyer asked the judge in me having to pay his client cost should i continue the case and lose, they judge had a go at him and told him that someone of his profession should be fully aware that I the defendant would not be liable to their costs on small claims. So i'm guessing the only cost a judge could hit me with is with the unreasonable cost!!

Hi Arrived back from holidays y'day to find the following letters from the court and cap COURT LETTER: Upon hearing the claimant in person, hearing the Counsel for the Defendant IT IS ORDRED THAT 1. The claim is stayed for 28 days. 2. The matter be allocated to the small claims track 3. The parties to notify the court whether settlement has been achieved by 4pm 29th October 2010, and if not provide details of availability for the period 01/12/2010 to 31/03/2011. 4. The matter be referred back to District Judge for small claims track directions after 29th October 2010. 5. The small claims hearing shall not be listed before District Judge **** (this was this the judge I had at the allocation hearing with). ------------------------------------------------------------------------------------------------------------------------------------------------------ CAP 1 response to my proposed settlement letter: Dear Mr ***** I work in cap 1’s legal department and have conduct of the above claim on behalf of rap 1. Your letter of 30 sep 10 has been passed to me deal with. I have reviewed your claim, comprising of the following: 1. Default fees charged to your credit card account in the sum of £460 2. Associated interest in the sum of £83.22 3. Statutory interest at the rate of 8% per annum in the sum 0f £177.95 4. The court fee of £65 and 5. Removal of default from credit file On a without admission of liability basis we have already refunded £751.91 in full settlement of your claim, this is for: 1. Default fees charged to your account in the sum of £460 2. Interest charged on those default fees of £48.96 (‘contractual interest’) 3. Statutory interest at the rate of 8% per annum in the sum of £177.95 as claimed, and 4. The court fee of £65 as a claimed Our record show that the cheque sent of £751.91 was cashed on 22nd June 2010. (I sent this cheque back to them on the 02/07/2010 and this is stated on my thread!! Lying ****!! Going to ask for proof of this false accusation!!) The amount we have refunded for default fees reflects the total amount if default fees added to your acc. You have not explained the basis of claim for interest on default fees in the sum of £83.22. The total amount of purchase interest ever added to your account since the acc opening, which is interest added on your purchase, as well as default fees. You have not been charged £83.22 in purchase interest and it does not reflect you losses. In addition you have mentioned that you intend ask the court for further interest. It is not clear on which basis you will be making this request. It is in our view that you have no further claim against cap 1 and that we are confident that you claim for further interest is unfounded. As we have refunded the full amount of default fees added to your account, all the interest charged on the default fees, statutory interest on the default fees and interest and the court fee, we believe these elements to be resolved. The sum refunded already exceeds the amount which you are legally entitled to claim and as a result we believe your claim for any additional amounts will fail. The only outstanding of your claim therefore is the information recorded on your credit file. For the reasons set out in paragraphs 13 to 17 of my witness statement dated 27/08/2010, we are unable to remove the default from your credit files, as the information reported to CRA must accurately reflect how you have managed your acc. The default has been applied correctly. To reiterate, as a responsible lender, we have an obligation to ensure that the information we report to CRA is accurate and that it will not mislead future lenders. This practice is in accordance with the Consumer Credit Licence Capital One Holds, Data Protection principles and guidelines issued by the Information Commission and Consumer Credit Licence. We do not feel the default fees charged to your account caused you to default on your credit agreement. Our records show that between 10th August 2004 (which when the account was opened) and the 19th Sept 2005 (when the default was issued), you had borrowed a total of £326.85 comprising. i. £191.63 purchase transactions ii. £52 Cash Transactions iii. £69.37 purchase interest and iv. £13.85 cash interest if your However, at date of default you had only repaid of £192.10. Accordingly, it is clear that the default fees did not cause you to default on your credit card. You had not raised any issues at the time with regard to default fees added to your account and on numerous occasions failed to make any payments towards your account. The purpose of a default on a credit file is show that the relationship between the debtor and creditor has broken down. It is clear that the relationship between you and cap 1 had broken down. You made no payment to you acc after April 2005 and we have recorded this behaviour with the CRA’s. We believe the default recorded on your credit file is accurate and accurately reflects the way you have managed your account with cap 1. Consequently, if you decide to pursue your claim through to a final hearing, we believe your claim to remove the default will fail. We believe that pursuing the claim will amount to unreasonable conduct and you will be at risk at paying our court costs incurred in defending your claim. We therefore invite you to discontinue your claim by completing and returning the enclosed Notice of Discontinuance to *****county court (no form enclosed). If however you decide to pursue your claim further, please provide us with further details of elements of your claim that you consider to be outstanding and a full explanation as to why you believe thaty you are entitled to the remedy sought. We reserve the right to draw this letter to the courts attention on the question of costs. Yours sincerely ****** **** SO WHAT IS MY NEXT MOVE?