**DISCONTINUED**. court claim for credit card that was in dispute

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Sadly there is no legal obligation to freeze interest and stop applying charges, as many people have found out when they enter into DMPs. One example from another site was someone who'd paid £5k into his DMP in his first year, yet his overall debts had only reduced by just under £500!

Another case I heard was someone who agreed with a lender to pay a certain amount every month and the lender agreed to freeze interest in 2000, in 2012 he got a statement for £24k! :scared: :scared: :scared: It turns out interest had been added all along! :mad2: :mad2: :mad2:

It has less than a year left to run so no need to worry about it too much. If the agreement was deemed UE in court then you could probably have it removed as per Sparkie's case. :thumb:

so I guess it would be wise to accept the £100 and wait out the default?
Shall I leave the court claim then or apply for it to be struck out?

[FlamingParrot]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

so I guess it would be wise to accept the £100 and wait out the default?
Shall I leave the court claim then or apply for it to be struck out?

I agree, the default hasn't got long to run anyway and you can buy yourself something nice with the £100. :santawalk:

You could apply to have the claim struck out, quite a few posters have succeeded.:HOXmasFelf007:

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Ok Flaming Parrot
thank you for your help. I'll update the thread with the outcome when I apply for it to be struck out. Will be after new year.
One last question. If it did go to court would I be able to apply for a refund of penalty charges and interest from the OC, a lot of it is made up of them.

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

I have received another letter from the solicitors to say they are still waiting on paperwork.
I take its more stalling tactics...

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

I though you would all like to know that the claim against me has been discontinued. The solicitor has said that the OC could choose to continue to pursue the debt but they aren't because if the lack of paperwork. I am now going to apply to the OF to request the default be removed from me credit file. Please let me know if you have template for this.
Thank you to those that have helped me especially Amethyst and Flaming parrot. Much appreciated.

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Oh yeah and I got £100 off Sainsburys too.,

[nemesis45]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

The discontinuance of the claim is great news!!

But this does not mean the underlying debt is expunged, the discontinuation relates
Only to the enforceability of the debt in court.

The debt can still be pursued and reported to credit reference agencies and a default entry remains for the
balance of the 6 year life of the default.

nem

[Roxi]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

The discontinuance of the claim is great news!!

But this does not mean the underlying debt is expunged, the discontinuation relates
Only to the enforceability of the debt in court.

The debt can still be pursued and reported to credit reference agencies and a default entry remains for the
balance of the 6 year life of the default.

nem

Thank you for your response.
I am aware that that may be the case but surely it's worth an ask anyway? The 6 years is up in 5 months so not long to wait if that is the case.
At least I know that it can't be pursued in court now.
Couldn't have got this far without the help of this site.

[nemesis45]

Re: Hi all, hope you can help. court claim for credit card that was in dispute

Good luck!!

nem