Capital One - Advice please

[sharondogf]

I have received this letter from Capital One. In the same post I received another letter stating as they had not received the info requested I will be receiving a Notice of Default. The Notice of Default also arrived in the same post. Please could you anyone let me know what I should do?

 

The amount outstanding on the Default Notice is less than the one on this letter!!!

 

[sharondogf]

Having received a default notice from Capital one, should I CCA them?

[ncf355]

Yes

 

Use the template on this site

 

It is almost certain they will not have a valid document

 

I would CCA and S.A.R - (Subject Access Request) them to play it safe

 

In the SAR state you want copies of ALL documentation they hold on your account

 

Once you have sent those requests off (send both of them SPECIAL delivery (the 24 hour guaranteed method) allow them 12 WORKING days to respond

 

If you have hear nothing by then, (or receive the document they allege to be the agreement) come back and post here for the next steps

[steven4064]

For the S.A.R - (Subject Access Request) you have to allow 40 days for them to respond but the CCA request shold give a lot of information that can be used to get the ball rolling

[ncf355]

Whoops - well pointed out Steve,

 

12 workings days for the CCA, 40 calendar days for the SAR (both run from the day after Cap 1 receive them)

 

To avoid any shenanigans on their part prob better off including a copy of a recent utility bill and your passport as formal ID

 

For the CCA - beyond 12 working days means they are in default and cannot enforce the debt (add interest, request payment, report to CRA's, etc)

 

If they then go a further calendar month beyond the 12 working days they have committed an offence under the act (for example, 12 working days deadline = 16th January, offence = + one calendar month, so 16th Feb)

[ncf355]

CCA = £1 fee

 

 

SAR = £10 fee