Armsoft Vs Capital One

[Armsoft]

I sent my Subject Access Request off to Crapital One on 10th October, so just got 10 more days before they`ve defaulted (taking a positive view )

Also sent off "obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1)" on the same day, and have evidence of them receiving on the 13th (sent by recorded Delivery, but they have not complied within the 14 day period .
As they have not complied, should I complete an N1 for Non Compliance and for Removal of Default as Unsubstantiated, or is there another letter I have to send to Crap One before I do this?

Help/Guidance would be greatly appreciated

[Jacqueline07]

Armsoft - there lots of this stuff in the "default" section - giving the timetable etc. Are you going to combine the removal of default within the claim for unfair charges? After a lot of toing and froing I decided to do mine separately. Capital One are fairly predictable at the refund of charges bit - but it's like pulling teeth with regard to the default.

I believe that when they have failed to send the original agreement within the timetable the debt (if you still have one) is unenforceable. However, if you receive your Subject Access Request on time this should be included with the stuff - as should the default notice - time will tell.

[Jacqueline07]

Oops - sorry Armsoft - just seen your thread in Legalities section regarding this - looks like you are well up on this now. Jackie

[Armsoft]

Thanks for taking the time to respond anyway Jacqueline07, much appreciated

[Armsoft]

Originally Posted by Jacqueline07

Oops - sorry Armsoft - just seen your thread in Legalities section regarding this - looks like you are well up on this now. Jackie

Decided to phone Crapital One yesterday (just wanted to feel better, with the Boot being on the other foot )
Very nice lady explained that they don`t keep copies of Default Notices or records of them being served, so they can`t comply:o
The lady also said that there was no record of my Subject Access Request being received by them, so I explained that I had Royal Mail proof of delivery (including record of signiture).
To my suprise (Not) I received a package from Crap One today (sent by Royal Mail Special Next Day Delivery), containing All my statements from the last 6 years plus Screen Prints of their logging on the account, so the phone call obviously prompted action (or was it just a coincidence??).
I`m now going to complete the charges calculator and fire off my letter asking for my money back and removal of Default. If they say no, then it`s off to court we go, and having gone through the process of filing against Abbey (In Court) and Halifax (MCOL), its an easy process so I won`t be detered from doing so again.
So, another ball to add to my juggling

[Jacqueline07]

Best of Luck Armsoft - if your charges are equivalent (or more or less) to the charges you discover there is more of a chance for the default to be removed. Now that COne's cheque has cleared I shall start the process off myself for clearing the default - £360 default against £320 charges.

Jackie

[Armsoft]

Originally Posted by Jacqueline07

Best of Luck Armsoft - if your charges are equivalent (or more or less) to the charges you discover there is more of a chance for the default to be removed. Now that COne's cheque has cleared I shall start the process off myself for clearing the default - £360 default against £320 charges.

Jackie

Jackie,
The charges came to over £200 more than the Default and interest (at 8%) adds a further £190.
The fact that Crap One failed to notify me of the Default, and failed to comply with my CCA request, I will be taking out a multiple single action for -

* Refund Of Charges Plus Interest
* Removal of Unserved Default Notice
* Non Compliance of CCA request (Criminal offence after 30 days)

I realise that this may leave me open for a Non Small Claims Track given the potential complexity, but I`m quite happy to go to a full Court Hearing with Legal Representation to persue my case.

I have written to them today asking for my money back and removal of Default, and given them 14 days to comply (like that`s gonna happen NOT), I will then send my LBA, and then file at court in person.

I`m quite happy to take this all the way, it helps fill my spare time

[Jacqueline07]

Armsoft - best of luck. I shall be following the same route now that the Capital One cheque has cleared. Trouble is I've got two DCAs that were involved aswell. I suppose the responsibility falls back to COne eventually though - it's their name on the default. I'll start a thread also in "Legalities" bit once a start.

Jackie

[Armsoft]

Jacqueline07 - Thanks for the reply.
How long did it take for Capital One to settle with you? had you filed in court, or was it before filing?

As far as your Default is concerned, I`d guess that as Capital One have their name on it, its them you go for, I`m not sure on the complexities of CRA data updating, but would asume its Capital One who are updating your information and not the two DCA`s.

Best of Luck

[Jacqueline07]

Armsoft - can't remember the exact dates as I'm at work at the moment but I gave them the standard prelim/lba etc. Filed at court in October - they acknowledged and then sent their defence as having settled in full. Received the cheque last Friday in full settlement as a "gesture of goodwill". However, as this was for charges only - I'm not sure how long they would take if the court action involves a default as well. I will be interested to see if they agree to that part as well. One thing is for sure - they won't want to go to court - which obviously goes in your favour

Jackie

[Armsoft]

Received an `Offer of Goodwill` payment from Cap1 today for £352.00 so I`m going to accept that instead of the £1,073.51 that the charges plus interest currently stands at (yer right, sure I am) (NOT).
So 7 day LBA will be sent in the morning by Recorded Delivery, followed by MCOL next Friday as I`m sure they won`t settle without filing.
Todays letter referred to the difference between the old charge and their New Charge, with an interesting quote of
"as you are proberbly aware the OFT are not challenging the rights of Banks to charge default fees, but merely the level of those fees" So that makes it ok then, does it??

They mention in the letter that if I accept the offer they will mark my Default as Settled!, how nice of them, what they seem to have forgotten is that I settled the account 2 years ago and it already shows as settled! Muppets and the one about Left Hand Right Hand springs to mind.

Never mind, all this helps to keep my typing speed up