Capital One Default Notice - need advice please.

[pongo4]

I have received a Default Notice from Capital One for £270 and they have closed my account...permanently. Due to personal problems, I have had difficulty keeping up regular payments and this balance is entirely charges accumulated over the past two years.

I understand that I have probably been ripped off and intend to ask for a copy of all my statements in order to try and work out how much they have extracted from me nefariously.

the letter they have sent me states: -

- they now have the right to demand the balance in full and reasonable recovery costs.

- they will notify credit reference agencies

- they may place or sell my account to a DCA who may come to my house

- their nominated representative will contact me


This is all very darkly menacing.

From reading through this excellent site, it looks as though I have been naive and ripped off.

What do I do now? All advice very gratefully received. I just want to stop them in their track whilst I get the reclaim ball rolling.

Thank-you

[rory32]

What do I do now?

Send them a Subject Access Request to get copies of your statements and start the reclaiming process, obviously you will require the removal of the default as part of your claim.

Subject Access Request is here 1. Data Protection Act, Subject Access Request letter - List of charges send it recorded delivery and enclose a cheque or postal order for £10.

I would also send them a s10 notice under The Data Protection Act S.10 Data Protection Act notice - if you have been defaulted for unlawful penalties.

[pongo4]

Thankyou for that Rory, I shall do it straight away. Should I send them a request for a copy of my credit agreement to put things on hold and give me some breathing space?

kind regards

[rory32]

You may as well. After all it only costs £1 and Cap One aren't very good at supplying them (normally they produce the application form).

[mkandy]

I didn't even get that, i got a quickly drafted letter that had nothing to do with me! This is what your default notice 'might have looked like'...

[pongo4]

Thanks mkandy. Errrrrrrrmmm...is there a bit missing here, please? Looks like what?

kind regards

[WendyB]

Thats what they say in their letter... "can't issue an actual one but this is what it might have looked like" or words to that effect.

[mkandy]

Sorry i didn't elaborate, but as WendyB says, they couldn't find an original or copy of the original so just typed up a letter instead. Cowboy style.

[pongo4]

Aha! Thanks. I see what you mean. I've just sent off my Subject Access Request request by recorded mail and I've emailed a copy so they cannot claim to have not received it.

If they do not have a copy of the CCA, then ssurely they cannot enforce the debt?

[WendyB]

Well yes, but then can you claim charges back against a debt that you don't acknowledge? And surely by paying them in the first place you've acknolwedged that you owe them? I think you can either get the debt wiped, or claim the charges, but not both. But I'm probably wrong.......

[rory32]

but then can you claim charges back against a debt that you don't acknowledge?

No claiming back charges acknowledges the debt. The bank have the right to offset anyway so if there is no argeement then all you would be doing is reducing the balance on an unenforceable debt.

And surely by paying them in the first place you've acknolwedged that you owe them?

You have previously acknowledged that there is a debt but you can choose to not acknowledge the debt at any time. The lack of a credit agreement doesn't mean that a debt does not exist, it just means it can't be enforced.

I think you can either get the debt wiped, or claim the charges, but not both.

Correct.

[pongo4]

Hi

I have now goy all my statements back from CapitalOne (along with a few chasing phonecalls and a letter asking how they can help). My next stage is the spreadsheet calculation.

I was going to use Vampiress's spreadsheet but the links bring up Error 404, Where have they gone, does anybody know please?

Rich

[rory32]

I'm afraid I don't know. Why not just use the templates in the Bank Templates Library.

[ukaviator]

Try this one Pongo:

http://www.shweb.pwp.blueyonder.co.u...Sheet_v1.9.xls

Just change the APR. If you have any problems, PM me an email address and i will send you another to use.

Uk

[pongo4]

Hi thank-you for your replies. I shall try these.

[pongo4]

I have now received a copy of my credit agreement from CapitalOne. However I am not sure this is what I want.

it says:-

"You requested copies of the executed credit agreement and a statement of your account under section 78 of the Consumer Credit Act 1974.

Please find enclosed a copy of the current terms and conditions of your agreement, in compliance with section 78 of the Consumer Credit Act 1974.

Although it is not required under Section 78 of the Consumer Credit Act 1974, I have included a copy of the document signed by both yourself and Capital One."

"You requested a copy of the default notice we issued on your account. Under section 78 we are not required to provide a copy of the default notice and statement of default. However, we can confirm that a default notice was issued on 17 August 2007 and a statement of default was issued in 11 September 200 in sum of £xxxx.xx

For your records I have included templates of the default notice and statement of default. These are identical to the letters that you were sent, without the specific details of your default, which is stated above. I've also enclosed a screen print of your account records confirming the dates the default notice and statement of default were issued."


Errrrrrrrmm........to me this sounds a bit bonkers. Why can't they supply me copies of the original notices/letters.

Are they winding me up? Can anybody tell me if this looks right please?

[mkandy]

Standard response there mate. I take it the account is still open? If so they should be providing you with a copy of the executed agreement, signed by yourself and them.

Where is this 'document' signed by both parties, does it say 'Application Form' in the top, if so it's completely unenforceable.