Capital One default and SAR

[SpontaneousCombustion]

Hello everyone, I've been reading a lot on the forum and it has been very encouraging to see all those who are winning their cases against Capital One!

 

I have a default with Capital one which I think they had no right to do. I unwittingly missed 4 payments to Capital one late 2006 and when I realised I contacted them to make a payment which they refused to take payment saying someone would contact me the week after but gave no indication of a default etc. Around two months later I received a default notice from Cabot Financial. I immediately cleared this debt and after about four months marked the default satisfied.

 

1. I do not believe I was late enough times to be defaulted (4 months) and I was not contacted about the debt warning about the default before it was passed to Cabot. So were they correct in issuing the default? I do not feel I had the opportunity to pay it when I tried.

 

2. I believe I could also claim any late payment charges back from them.

 

I understand from the forum that I should first send a Subject Access Request and a fee of 10 pounds. Is there a template for this or should it just read along the lines of 'please supply all infomation you hold regarding my account'? Does the SAR force them to release details of calls I have made to them and any other infomation they may hold?

 

Also I also read that I need to ask for the credit agreement? Is their a template for this or will it be included within the S.A.R - (Subject Access Request)?

 

Once I have this info do I write to them with my concerns or approach a solicitor/small claims court? I'm not sure of the process to get the default removed

 

 

Any of this sound familiar to anyone?!

 

Any help much appreciated and again thank you all for contributing to a great and helpful site!

[maroondevo52]

Hello and Welcome, Sponcom;) .

 

 

Have a look at this first......

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

Here's the link for your S.A.R........

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

There's no need for a solicitor, it's like going down to B & Q...You do-it-yourself. If you are prepared to spend the time, then the only money you will have to pay out will be your court fees.

 

This is the link for your credit agreement....

 

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

 

 

Best wishes with your claim.

 

Regards.

 

Scott.

[Alphageek]

Hi, and welcome to CAG.

 

Yes, it all sounds familiar.

 

Send them a SAR and a CCA (click to link to templates) for the account in question. Send everything via recorded delivery. They are only obliged to reply to a CCA request if the account is still open.

 

Send £10 for SAR and £1 for CCA.

 

The latest advice it to not sign you letters using your usual signature in case they try to get creative with photoshop and reconstruct your agreement. So I would send Postal Order and not a personal cheque which you would have to sign.

 

Don't worry, you're in good hands here. Some of the more experienced members will be along when you have the info from the above 2 requests. Or, more likely, they fail to comply with your requests.

 

Keep us posted with progress.

[SpontaneousCombustion]

Thanks guys, I'll be sending off the requests tomorrow!

[mkandy]

Also regarding the default, so long as the charges make up around the same amount of the default you should have a good case for having the default removed.

[ukaviator]

Also keep your claim as a package, don't settle on the charges only.

[SpontaneousCombustion]

Hi All

 

I finally obtained all the information I asked for, well I think so anyway. Capital one managed to come back to me with a signed credit agreement and a bunch of other stuff showing correspondence.

 

The only thing they did not come back to me with was a copy of the default notices they claim to have sent me. They sent a blank template saying they do not have to provide it by law. It shows on their computer system that the letters were generated.

 

What I am peeved about is that I never received these notices. I moved out of the apartment I was living in and expected to have mail forwarded to my mothers while I moved due to work. The place was notorious for having mail delivered to the wrong house due to the obscure numbering.

 

I only learnt about the default when I phoned up to make a payment and change my address. They wouldn't accept a payment saying the account had defaulted a couple of weeks before. Because I never received a default I never had any opportunity to pay the balance within the allotted time.

 

I am now unsure as to what approach to take to have the default removed (which is what I am most concerned about.) Obviously the default balance is made up of a fair amount of fees. Do I have a case in that I did not receive the default? Do they not send these letters out signed for? If they did it would be obvious I didn't sign for it.

 

Any suggestions as to where I can go from here would be much appreciated as usual!!

 

Thank you all very much.

 

SponCom

[maroondevo52]

Hi,

 

Not sure if something like this your looking for......

 

The ABC Bank

1 Bank Square

Bank Town

BK1 7TD

 

Date: xxxxx

 

Dear Sir or Madam

 

Account number - xxxxxxxxxx

Sort Code - xxxxxx

 

After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against my account.

 

Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number 1587 716732.

2. You must supply me with a signed true and certified copy of the original default notice

3. Any deed of assignment if the debt was sold on

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

Yours faithfully

 

 

This letter I 'borrowed' from Freakyleaky one of the Site-Helpers.

 

Also have a look at this............

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/5078-10-data-protection-act.html

 

 

Regards.

 

Scott.

[mkandy]

You could try, as i did with Capital One a number of times, Ellie Renshaw kept telling me to get stuffed. Essentially you have to follow the process, file in court, then push for default removal until they give in.

[SpontaneousCombustion]

Thanks for your speedy replies guys!

 

Does anyone know if the account is sold on as mine was to CABOT who would be charged with removing the default? In the experian records etc. Kings Hill or Cabot have registered the default.

 

Are they obliged to supply me with a copy of the default notice as they have said they don't have to?

 

If the fact that I did not receive a default notice doesn't wash can I still approach them of the fact that the debt also included a number of charges?