Thread: Victory v Cap One on Default Removal- but it's Hollow

Hi all,

apologies for the late start on this thread, should have started ages ago. I have a lot to get through so please be patient. I might do this in 2 posts to make it easier to read.

cap one defaulted my account in Feb 2005 for around £700. I came to an agreement sometime after and began paying them £50 per month through DCA. I used to pay by debit card.

Then around Oct 2006 I snapped. The outstanding balance was ony around £100 by then but the DCA used to ring me in work (although I told them not to) were aggressive and rude, even though I maintained payments. Told them I wasn't paying another penny and sent off CCA request also requesting default notice and S.A.R.

Received statements showing charges amounting to near £1200. Close to what I was expecting and much more than the original default amount of £700.

However it became interesting when they decided to send a copy of the default notice they allegedly sent me. (I knew they hadn't sent me one)

They began by thanking me for my letter and then went on to say they had 'great pleasure' in including a copy of the default notice sent on 19th February 2005.Whoever sent it had obviously not read the 'default notice' as it was no such thing.

This is what the letter stated ' Because you haven't made adequate payments to clear your debt....we are now considering further action to recover the amount owed. After 28 days we may issue a default notice against you if you do not bring your account fully up-to-date. Before we default your acccount, we will send you a default notice which will ask you to bring your account fully up-to-date.'

This is clearly not a default notice- but the best bit of all even if we assume it was and I have 28 day notice THEY ACTUALLY DEFAULTED THE ACCOUNT JUST 18 DAYS LATER.

Growing in confidence, I sent the pre-lim and lba with default removal included. I also sent them a letter stating they had not sent me a default notice with the above evidence. Only ever received the standard Mr Uddy reply offering £360 and maintaining the default was correct.

Filed N1 mid february which was largely swiped from Smel 24 thread. (thankyou!!)Also got lots of great advice from reading all your threads... to many to mention all but Tanzarelli and lots of others were informative.

Will conclude shortly......

Right part 2.

N1 submitted and acknowledged on 7th March. cap one have until 2nd April to file defense. Still only ever received the standard Mr Uddy letter.
None of the table tennis letters that Smell and Tanzarelli had.

Today I checked my credit file online and the DEFAULT HAS BEEN REMOVED....however before opening the champers I realised that in some ways it's almost as bad.

Whereas I had a default registered in Feb 2005 with missed payments showing before that date but nothing after, they have now registered the account as 'Arrangement to pay' They have now brought forward the account history to february 2007 marking all months since Feb 2005 as 6 (ie 6 months late) and finally AP in the final box. Also increased the account balance to £190 from £130 only a couple of days ago.

This is quite difficult to explain so I hope it makes sense. Whereas on my previous credit file I had missed payments showing prior to Feb 2005 these months now show as perfect 0's.

What do I do? Cap One are obviously trying to take the mick out of me. They have taken off the default but added more incorrect information which is obviously designed to be unfair, inaccurate and to continue to effect my credit rating.

I'm assuming that I will shortly get a letter stating that they have removed the default notice and will repay the charges in full. In other words what I asked for in my N1. I don't want to accept anything unless they accurately reflect info on credit file. Any advice much appreciated.

When you worded your POC did you put in there that you wanted removal of default and all prejudicial information. I understand what you are saying in that cap one agreed to remove my default over a phone call so I delayed my claim whilst I was waiting for confirmation via credit reference agency. True to their word it was removed but was still showing negative information in the status bit. After talking to CRA they have informed me this is still bad and really is best if it can be removed. So got back in touch with cap one and they have informed me that they are providing me with a new card and account number, the balance will be transferred to this and that once they received back my new T&Cs (which I have received but not sent back yet) everything that relates to the old account will be removed and the only showing will be for this new account which will be up-to-date. Well did not want to delay my claim any more so am taking N1 in tomorrow but have stated in POC that I want all prejudicial information removed just to back myself up, so I know exactly what you mean. Have they not offered to re-key your account?

Thanks Doo that's really interesting.

I only stated removal of default in POC which is why I think cap one might be trying to get revenge by removing default and putting other adverse information instead.

However it is positive if your in a similar situation and have been told they will issue a new account and remove adverse info.

As far as correspondance from Cap One, I've only had their standard responce so far. Nothing in writing to say default has been removed or even that they will pay my money claim.

Is their anyway I can amend my existing claim to state that all adverse info must be removed?

Andy, not sure about amending claim I would suggest ringing the court and asking for their advice. You could always put something in writing to them about passing information onto 3rd parties - I'm sure you will find something suitable in Tanz's thread or seek him out for a bit of advice.

Hello All,

received letter from cap one today. As a 'gesture of goodwill' they are refunding my claim in full plus removing default notice.

I have replied by special delivery thanking them for their letter but pointing out they have replaced default with inaccurate and misleading information.

Having looked at my POC i think it's strong enough to cope with this so I quoted them some of it, namely 'where I, the claimant consented....to disclosure by bank of certain data to third parties, at no time did I consent .....to processing by the bank of data in any manner that would be unfair or inaccurate or which would breach The Data Protection Act 1998.'

Asked them to remove any information which is likely to affect my credit rating and reputation. Also to confirm that a new card will be issued with the previous credit limit. Not that I want it but I think Doo implies it's one way to get them to remove all negative information.

Once again thanks to everyone on site. Hopefully this will be sorted or I will go to court.

(will be submitting donation when finalised)

just checked online with equifax............Capita l One account is now showing settled from March 2004 with all negative info removed -(late payment and default)

This along with full settlement offer means I Have WON!!

Thanks to everyone on site, will be posting donation once I have received cheque.

Good to hear your news Andy, pleased that default and all negative info has gone, great result.

subscribing - congrats Andy