Ok so I slept on this and decided to press ahead " not one to give up without a fight".
The claim hinges on whether the penalty charges are fair or not and so far no court has substantiated that credit card charges are fairly charged. Unless crap1 substantiate their charges instead of hiding behind confidentiality they will lose again on this point. I wil offer to sign an NDA if they are prepared to share this with the court.
This claim is not about the conduct of the account so I need to deflect that issue and if the court rules against them and they attempt to sue me for damages I will counter claim damages to reputation, ability to gain loans and loss of income which I can prove, all because these unlawful charges caused me to go over the limit or pay late and pick up the default.
Bottom line is I will negotiate with them prior to hearing and see what I can get