The way I look at is that if you told them previously that the money was accepted as part patment then that what it means. They are using it as a scare tactic as long as you proceed with the case and don't back out then it should be ok. Does anybody know of any case of this kind that the banks have tried to defend?

I was sent a whole new set of acount printouts by Cap one who were disputing the amount I was claiming for. They highlighted all the purchase interest saying this is what they charged me in interest which was great for me as I had not included it in the final figure. Thanks Cap one. Looks like I will be sending them a new schedule of rates.

On one of my cases I haven't added the interest that I was charged at the time by Cap one. Cap one charge purchase interest. I have taken the full amount of charges and added contractual interest. My question is should I add the purchase interest in now and apply contractual to it as well. This adds up to an extra £800.

Looks good to me. Just remember to follow up with phone calls

Done.

Well done to you. Anybody else?

Jenny, I noticed from the list that your case with Barclays has been settled, is this correct? JENNY BARTON V BARCLAYS BANK 6LS40692

Received a letter from CITI the day before I was due to hand in my AQ. This letter stated I would have no chance of succeeding with this claim. Timing of the letter coincidental? I think not, but it gave me a laugh.

Too compilcated! There are Excel sheets readily available on the forum.

There has been a few successes against Barclays that I can see. How many of them have included contractual interest?

Received a new list from the courts today. There are 66 cases of which 21 have now been settled. I noticed that there are a couple from Barclays, who's are these cases? and what interest did you receive (statutory or contractual)

What did your wife write for them to fold so tamely.

Search under the name "Mindzai" I have used his calculation sheets which are self explanatory. Also read the posts around the subject of contractual interest to get a better idea.

I doubt it! as they have already paid out contractual on other cases. I just think it's a way of cutting their losses. Think of it this way, if they can get most claimants to just except the charges without interest and court costs then they would saving themselves a hell of a lot of money. When they say that they are going to defend on the basis that they have already refunded the charges, that little phrase is added just to help you make up your mind for you and push you into excepting the offer. We will soon know as I am in the Leeds court on the 07/02/07.

This is exactly what has happened to me. This is obviously a ploy to save money on the inevitable. They know they will lose eventually so they are dangling an offer in front of you hoping you will take it. They also stated that they will defend the case on the basis that they have refunded the charges.

Cap one have paid me the charges but not the contractual interest or court fee. There is a case management on the 07/02/07 in Leeds, is it worth including case numbers where they have paid contractual interest out?

This is exactly what I mean. The fact that the DCA had not had the original documents in the first place then have they not collected money illegally? If this is the case is it not reclaimable? It is said that a DCA cannot claim money without the agreement. When it is requested they shy away because they then realise you know your rights.

I do not know if this has been discussed as yet but...... Would it be possible to take a DCA to court over a debt that they should not have collected. Either you have completely paid or part paid a debt that they claimed to own but cannot produce the documents to substantiate their ownership.

Thanks for the replies. I actually phoned the court today and they said exactly the same thing. Cheers

The account is an old one which is closed. The CCA is well overdue by at least a month, so I will make a complaint. I will send them a LBA tomorrow stating what I want. It is amazing me how far these companies will go to not to get rid of a default even when clearly they are in the wrong.

I took out a loan with CITI in 2000 which shows a default. They have not been able to track down my account so they have sent a letter saying they will remove the default. I was defaulted 4 years ago. What is the best way to deal with this as the default is still there? I want the default removed but is there any compensation I can go for as it has been there a long time and is still there. The funny thing is when I looked at my Experian file I have noticed that I have had two loans with them (the second must have been a top up) they cannot find either of them. Fishy I know, but the default needs to be removed and any help is welcome. Thanks

Hi, I have looked at my experian file which states that there was an agreement in place at the time which I couldn't keep up to. So an agreement was definitely broken. At the time my credit limit was £500, when the default was put on my account it was over £700. All of the money over the limit was made up of charges. Almost forgot, Barclaycard have also failed to respond to my CCA request, which deadline ran out over a month ago

Capital One have paid me the charges levied on my account but not the interest. They say they have paid me the courts statutory interest rate at 8% but they haven't. My question is, how would I adjust the cmc sheet above to reflect that fact? I am claiming contractual interest by the way.

Just received a letter today from Barclaycard stating that they are willing to refund all charges of £145 but not any of the interest. Which isn't bad I suppose for my first letter. The problem is that they say that they are not willing to get rid of the Default as it has nothing to do with the charges as they only put them on your file when "the relationship between Barclaycard and the customer has broken down, such as when a minimum payment or payment persuant to an arrangment to pay is missed". My questions are Has anyone else had the same reply? Has anyone had a default removed by Barclaycard? Thanks

Hi, I have a CCJ which is due at the end of its sixth year in July. What if it doesn't disappear? Can you ask for it to be removed? or is that pushing your luck.