Thanks UK. OK, I'll have a rummage through the library! I feel like I am throwing money away if I accept this as full settlement, although I don't want to be greedy and get nothing. Decisions decisions.

I sent my initial letter to Capital One, and they have offered to reduce my past charges to £12 each, thus offering a refund of £168 on an amount claimed of £280. These charges date back to 2003 and thus total up to a substantial amount more when interest is added. If I wish to accept this offer, I have to sign saying I accept the offer as full and complete settlement of my complaint. What should I do? Many thanks in advance!

Ok I'll draft one up and post it on here before sending it. And I definitely DID send the schedule of charges to the court, along with a copy of the (detailed) letters I sent to the bank.

Thanks for that Gary. In retrospect I wish I had popped over here for some advice at the time, and not just been lazy and slapped that admittedly "thin" response in, assuming it would do.

Joined in Feb - well blow me down. IIRC I stumbled across this site via MSE, printed off the basic process and just took things from there. I certainly haven't been an active member, and tbh have been so laid back in claiming. I agree my evidence is somewhat laid back, but I thought all the bread and butter was there. I did send a schedule to the court to accompany my MCOL claim, although IIRC this wasn't sent recorded and I have no recollection of it being aknowledged. Could the reason it was struck out be this simple? What else should I have done to "establish my case" then? I really am genuinely curious!

I couldnt agree more. I hope others can learn from this!

Quite possibly... :rubchin: I only found this forum after claiming unfortunately.

Well I got paid out anyway, so not too bothered. I sucessfully claimed charges back from a total of 5 banks nearing £3500. This was the only one that I had problems with. Cheers for the clarification Michael. - But as you will see from the original claim form, that information was included.

This was on my original claim form: The claimant has a contract with Lloyds TSB Bank which is conducted on their standard terms and conditions. The claimant is claiming the return of the money taken by the defendant in the way of charges between 13/03/05 and 02/09/05. The banks charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para 8. and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. The claimant has repeatedly asked the bank to justify their charges but they have declined to do so. Can you see anything that deserves the claim be struck out?

Even if you sell it, if the finance is secured on the car then they can reposses it.

Heres the forms, however I cant find my original moneyclaim.gov form... *sigh*

I have scanned all the docs in, but I cant upload attachments

My paperwork was absolutely spot on. I was asked to provide details of why the charges were a "disproportionate penalty" and "unreasonable", which I did. Further to this I was sent a letter saying "it is ordered that the claim is struck out as disclosing no reasonable grounds for bringing the claim". Which tbh, I thought was unreasonable!

I was simply sent a letter ordering that the claim was struck out on the basis that there were no grounds for a claim. I will scan all the corresponance in if you think it would be worthwhile? Just a but dubious about confidentiality clauses?

I say hold out, thats an extra £220 thats yours, and you WILL get it back.