Thread: Capital One Problem!!

Originally Posted by cavyman_130

Hi everyone, this is my first post as a newbie to the site, the information on here is great so I am hoping that someone will be able to help me out.

I had an account with Capital one a good few years back now, used it as a normal credit card, made all the repayments etc. I then decided I no longer wanted the card as it was too tempting, I phoned Capital one to find out the remaining balance on the card, I sent that payment followed by a letter to state that I am cancelling the account and all balances have been paid. End off.

Well that's what you would think, wouldn't you? in this case it doesn't seem like that, I applied with experian to check my credit report as I was thinking of applying for a loan, the report comes in, states all my active accounts, bank account and a phone contract, thats all I have, credit score comes back as 910 and in the good category, no notices of any outstanding amounts, defaults etc. so in my eyes everything is looking positive, applied for the loan through my own bank that I have been with for 9 years and I was refused, was baffled by this but I put it down to the recession etc.

So while browsing through my report I noticed a linked address from capital one to an address I have never lived at, asked experian to have this removed and they took it up with Capital one, then the past month or two I have been getting a call from capital one once a week, they refuse to speak to me until I pass the security checks, my account was over 2 years old, I am wary of [problem]s and as they wouldn't even tell me what department they were calling from, I was reluctant to give any information out so this went on for weeks. Then on Friday there, I received a letter from a FPC debt collectors!!! I called them immediately and they told me there was a balance of £70 outstanding, I said this is impossible as the account was cleared and cancelled, she gave me my old account number and told me to contact capital one, she has put a hold on the account for 5 days until it gets resolved.

So my plea for helps starts now, I have no idea what way to take this? I don't know what rights I have and what course of action to take when I contact Capital One, there is no notice of an outstanding amount on my credit score, will there be a default on my record? If so is there a way to go about getting this removed as it should never have been put there if there has been one placed on it.

Thank you very much in advance for any help that you can give me, it will be very much appreciated.

Hmm did you ever receive anything from crap one stating balance at 0, a letter or a statement?

It might be worth sending a SAR to Crapone and asking for copies of the telephone conversation obtaining the balance, if you can get a transcript which shows you paid that amount ON THAT DAY then it should prove the debt is wiped out. Crap one dont tend to keep phone conversations for long tho

It might strengthen your case that you have a credit report that showed an address you have never lived at for this account tho... it means anything crapone sent you was basically ignored or sent back its only your pro-activeness thats re-activated this.

In the first instance I'd send a SAR to capital one, alongside which I would send a letter to them stating the circumstances, stating the address was invalid and thats why this has gone on for so long... you are willing to pay off any balance that would have been outstanding if indeed anything was and have requested a SAR to show the true state of affairs the month after you thought you had paid the debt off. Demand they remove the default, wipe out any fee's that have been added since that date you attempted to clear the debt fully.

When they come back and say no you may get better luck with the fos, hopefully they'll use common sense.

Its always worth remembering that the balance on a statement is only good on the day its printed, they charge/add interest through the month so the only accurate way to close an account is to ring and pay at the same time.

S.

Originally Posted by cavyman_130

Thank you for your reply and advice.

This SAR letter I need to send, do I send this to the head office at Capital One? I can't remember the exact date that the balance was cleared on but that should have a record of this?

I will also send a letter to them explaining the situation, my only problem is the collectors have put a 5 day hold on the account, I have never been in debt in my life so I am a bit worried about going past the 5 day hold, will it be worthwhile to call Capital One or will this do me no favours?

Thanks again.

Has the debt been sold to the DCA or just assigned? Never ever speak to a DCA on the phone unless you can record the call and advise them of this, some of the lies they normally bully people with will suddenly disapear from their conversations

Everything needs to be in writing to protect you and sent recorded delivery too.

As to date debt was cleared... I think its clear crapital one will deny it ever was cleared hence your problem. Send the SAR to the registered head office, so long as its send registered its their problem to sort... only problem is it takes up to 40days from when they received the request.

S.

When the DCA comes back at you you could delay things by either sending a s78 CCA request or a prove-it letter or even just write stating:-you are seeking clarification from Capital One on a) why no statements were received by you since xx/xx/xxxx in relation to this account and b) the make up of the amount they claim is owed and state until that information is provided by capital one you will not be paying ANYTHING.... might also want to mention to them that you have not received either a default, termination notice or notice of assignment so the legality of them chasing you for money is precarious at the very least and you are preparing complaints to go to the OFT and Trading Standards


Bold is the one I'd do ;-)

S.

Ok, it sounds like they have been assigned the debt then.

You could agree to something on the phone but if you cant record it who is to prove what was said... eg. you pay it off on the understanding any adverse data is removed and yet they dont fulfill that part of the agreement, your word against theirs...

If you have seen your credit file, is there no adverse data on it? If not then Capital One may start now you have appeared to awaken them. Keen a close eye on it and remember there are three CRA not just the one.

In the first instance a letter to capital one should do something...

Dear sirs,

I have been contacted by (DCA) who state they are working on behalf of yourselves for an old cleared account I held with you. The account in question was cleared to a zero balance and closed after a phone conversation on or around xx/xx/xxxx (check from bank accounts for date?).

Therefore I now demand you explain how I can be chased for an account that has been cleared and why you have employed an outside DCA to chase and harass me for this alleged debt when if and only if this account was not closed due to some administration error a simple letter/invoice to myself if correct would suffice and payment would follow.

You should also be put on notice that if you have been marking my credit file adversely during this time of non-contact after the account was cleared I will not hesitate to use the full extent of the county court system and the data protection laws to claim damages against yourselves.

I would hope that this matter can be solved amicably and quickly without the need for litigation but in any event I demand you call off your collection agencies.

Regards

S.

Sorry, didnt mean to bombard the thread with posts ;-)

IMO

Letter in Post #8 to Crapone (registered address)
Letter in Post #5 stating seeking clarification from crapone
SAR to crapone (registered address)

All send recorded delivery.

S.

Originally Posted by cavyman_130

That sounds perfect, I will send one pretty much along the lines of that, will I still need to send one off to the debt collectors aswell?

I have went over my credit report from top to bottom, every single part of it and the only thing I can find is that unknown address, there is no records of any outstanding amounts etc.

I can't thank you enough, you have been a great help.

Sorry should have said "letter in post #5 to the DCA stating seeking clarification from crapone"

Hmm if that address has been entered by Capital One against your file and its causing problems then you could sue them for damages. Have you anything in writing from experian about the address being linked to capital one's information?

S.

Originally Posted by cavyman_130

Sorry I don't understand the letter in post #5 part?

Em nothing in writing for Experian, I had sent them an email regarding the linked address and they contacted me saying they will dispute it with Capital One, this is how this all started up. I have found the Experian staff to be extermely helpful and a pleasure to deal with so if i contacted them I am sure I could get something in writing stating this. What do you recommend?

Thanks

Craig.

You say you emailed experian and they contacted you back... if you have an email back with that info that would suffice, if not then you need something from them to show the link between the duff address and crapone I feel.

As to the letter in post #5 to the DCA I just meant expand what I'd put into something like this.

Dear blood sucking vultures [DCA name here]

As you are aware I am of the opinion that this account was cleared and closed on or around xx/xx/xxxx. I am currently seeing clarification urgently from crapone as to why a) No statements have been sent to me since xx/xx/xxxx in relation to this account and b) a Breakdown of how this amount has been arrived at. Obviously until I have this information from crapone I will not pay anything towards what is at present a disputed and alleged debt.

I also need to make you aware that this account has had neither a default or a termination notice and as such the legality of yourselves chasing me for money is precarious at the very least. I am currently preparing complaints to go to the OFT and Trading standards and require you to furnish me with your complaints procedure immediately.

I enclose a copy of the letter sent to crapone seeking urgent clarification.

Regards

Hope this helps.

S.

Originally Posted by cavyman_130

Thats all the letters ready to go, will get them sent off tomorrow then hopefully something will come of this and it will get resolved.

Am I likely to get the default removed from my report? you mentioned earlier about possibly being able to sue them for damages, is this a route I could take with positive results?

Hmm thought you said there was no default.... Capital One normally dont like to remove these but if common sense prevails and if you do have to get fos involved so long as you show that its not a case of non-payment rather a mix up in the final repaying and them not chasing at the right address then its a better chance.

your help has been absolutely brilliant, I really wouldn't of known what to do with this, if you don't mind can I keep you posted on what happens next and you could maybe possibly advise me what to do next as this would be very much appreciated/

Thank you for your time

Yep, nay problem. Just post up here any responses and people will respond.

S.