Davey77 vs Capital One *** WON ***

[davey77]

Yes, and i have included that in my reply:

 

In reference to your recent template letter dated 10 Feb 2009. It seems quite obvious to me now that Capital One are attempting to renege on the legally binding settlement agreement reached with Wendy Starr via email on 5 December 2008.

 

The detail of those negotiations were clear, specific and completely unambiguous in that “I can confirm that the balance outstanding on your account will be refunded in the sum of £1491.42, and that your credit file will be amended to record a zero balance, and that it is satisfied.” This, after Capital One stated they would leave a Default on my credit file pertaining to the above Discharged Account which was thereafter, through negotiations, amended after i agreed to compromise on the matter and for the credit files to be marked as ‘Satisfied’ only.

 

My polite requests for a copy of those details to be sent to me in paper format to the above address have been responded to with inaccurate and unhelpful letters and this is unacceptable and will not be tolerated.

 

I do not intend to spend the next six months writing to Capital One merely to have a reasonable and fair request complied with as i have confirmed upon legal advise that an email is as legally binding as the written format and i require no ‘confirmation’ of the settlement details but merely a copy for my records in the unlikely event that an unintelligent Debt Collection Agency should be passed this settled account in ‘error’ at some point in the future.

 

It has been obvious to me that such agencies employed by Capital One on previous occasions have been lacking in brain power and consumer/legal knowledge and to therefore produce a written explanation of the binding agreement reached between myself and Capital One would be most useful as they are as unlikely to understand the Legal ramifications of an email just as Capital One seem to be.

 

In any event, my reasons for requesting the information to be sent to me in writing are unimportant as far as Capital One are concerned.

 

For your information i understand that all businesses are 'vicariously liable' for the actions of their employees, and your business is likely to be held liable for emails sent by employees and perhaps you do not realise that emails can create contractually binding commitments, or form part of a contractual agreement. The settlement details could have been written on the back of a beer mat. It would not detract from any binding agreement on Capital One’s part.

This matter has, by definition, been settled and agreed to and your actions to date have been unethical and legally untenable.

 

I refer you to the recent Credit report from Experian i obtained which also confirms Capital One’s belligerence and ignorance in this matter which shows you have not honoured your part of the legally binding agreement reached on the 5 December 2008 but have only marked this account as ‘satisfied’ without removing the amount discharged or the Default.

 

Therefore i will not enter into any further communications on this subject as i have made my position clear and have already included a copy of the email in question (including Header information) and your responses to date have given grounds for me to believe you had no intention of honouring that binding agreement.

 

You therefore have 14 days to supply me with the correct information, in writing to the above address, to include your intentions to amend my file with the Credit Reference Agencies as agreed to, otherwise i will make a complaint to the Financial Ombudsman Service and the Information Commissioners Office.

 

Should that course of action be unsatisfactory or too time consuming, i reserve the right to instruct a Solicitor to obtain the relevant information from Capital One and to formally demand my Credit Files to be correctly adjusted and will ask that an appropriate compensation payment be made to me for the distress and inconvenience these unnecessary communications and the delay this has caused me.

 

I look forward to receiving the information requested by the 26 Feb 2009 so we can conclude this matter amicably.

 

 

Yours sincerely, davey

[joneseyblod]

Thats a really good letter

[lexis200]

Hi Davey

 

Letter is great - straight and to the point so even they can't mis-understand it!

 

I've just fiddled a little with it though (hope you don't mind:)) as it's probably not going to help you to call the DCA's brainless etc, regardless of the truth in the statement:D

 

I write in reference to your recent template letter dated 10 Feb 2009. It seems quite obvious to me now that Capital One are attempting to renege on the legally binding settlement agreement reached with Wendy Starr via email on 5 December 2008.

 

The detail of those negotiations were clear, specific, and completely unambiguous in that “I can confirm that the balance outstanding on your account will be refunded in the sum of £1491.42, and that your credit file will be amended to record a zero balance, and that it is satisfied.” This arrangement was reached after Capital One stated they would leave a Default on my credit file pertaining to the above Discharged Account. I was not happy with this, and through negotiations in which I agreed to compromise on the matter, it was agreed that the credit files would be marked as ‘Satisfied’ only.

 

My polite requests for a copy of those details to be sent to me in paper format to the above address have been responded to with inaccurate and unhelpful letters. This is unacceptable and will not be tolerated.

 

I do not intend to spend the next six months writing to Capital One merely to have a reasonable and fair request complied with, as I have confirmed upon legal advice that an email is as legally binding as the written format, and that I require no ‘confirmation’ of the settlement details but merely a copy for my records in the unlikely event that a Debt Collection Agency should be passed this settled account in ‘error’ at some point in the future.

 

It has been obvious to me that such agencies employed by Capital One on previous occasions have been lacking in consumer/legal knowledge, and to therefore produce a written explanation of the binding agreement reached between myself and Capital One would be most useful, as they are as unlikely to understand the Legal ramifications of an email, just as Capital One seem to be.

 

In any event, my reasons for requesting the information to be sent to me in writing are unimportant as far as Capital One are concerned.

 

For your information I understand that all businesses are 'vicariously liable' for the actions of their employees, and your business is likely to be held liable for emails sent by employees. Perhaps you do not realise that emails can create contractually binding commitments, or form part of a contractual agreement. The settlement details could have been written on the back of a beer mat. It would not detract from any binding agreement on Capital One’s part.

This matter has, by definition, been settled and agreed to and your actions to date have been unethical and legally untenable.

 

I refer you to the recent Credit report I obtained from Experian which also confirms Capital One’s belligerence and ignorance in this matter. My report shows you have not honoured your part of the legally binding agreement reached on the 5 December 2008 and have only marked this account as ‘satisfied’ without removing the amount discharged or the Default.

 

Therefore I will not enter into any further communications on this subject as I have made my position clear. I have already included a copy of the email in question (including Header information), and your responses to date have given grounds for me to believe you had no intention of honouring that binding agreement.

 

You therefore have 14 days to supply me with the correct information, in writing to the above address, to include your intentions to amend my file with the Credit Reference Agencies as agreed to, otherwise I will make a complaint to the Financial Ombudsman Service and the Information Commissioners Office.

 

Should that course of action be unsatisfactory or too time consuming, I reserve the right to instruct a Solicitor to obtain the relevant information from Capital One, and to formally demand my Credit Files be correctly adjusted. I will also ask that an appropriate compensation payment be made to me for the distress and inconvenience these unnecessary communications and delay has caused me, not to mention the detrimental effect on my credit rating and future credit worthiness that the registering of an inaccurate Default will cause.

 

I look forward to receiving the information requested by the 26 Feb 2009 so we can conclude this matter amicably.

[davey77]

Thanks JB!

 

Ah yes Lexis. Thanks.. probably a good idea. (The truth hurts even creditors perhaps lol)

[banker_rhymes_with]

Hello Davey77!

 

Just thought I'd drop in and confirm that, after very careful thought...

 

...I think Capital One are the lowest form of CAG-BOTing life that I have ever CAG-BOTing come across.

 

A more useless bunch of CAG-BOTs you could not hope to meet in your wildest CAG-BOTing dreams!

 

A complete waste of CAG-BOTing space!

 

P.S. I've pre-CAG-botted myself to save the Site Team from doing it!

 

Don't want to offend those of a nervous disposition.

 

But what are they playing at? I thought this was all wrapped up weeks ago...obviously not. Confirms you just cannot trust a banker, as I've been saying for many, many years.

 

Cheers,

BRW

[lexis200]

My dad was a bank manager with Lloyds:rolleyes:

 

He's lovely though (no bias there) and actually helped people with problems. He stopped more than one person going bankrupt, but left the bank 20 odd years ago when things started being run by computers. He felt there was no point keeping going if he couldn't speak to the customer - he wouldn't be anything more than a manager in name as he couldn't actually do anything if 'computer says no', so to speak.

 

Oh and my brother works for Barclays:p

 

I'm still of the very firm opinion that, excepting obviously my family members, they are mostly all bankers with a capital W;)

[citizenB]

My dad was a bank manager with Lloyds:rolleyes:

 

He's lovely though (no bias there) and actually helped people with problems. He stopped more than one person going bankrupt, but left the bank 20 odd years ago when things started being run by computers. He felt there was no point keeping going if he couldn't speak to the customer - he wouldn't be anything more than a manager in name as he couldn't actually do anything if 'computer says no', so to speak.

 

Oh and my brother works for Barclays:p

 

I'm still of the very firm opinion that, excepting obviously my family members, they are mostly all bankers with a capital W;)

 

 

s'ok lexis.. we love you just the same:D

 

Davey, sorry to hear you are still battling with these plonkers. {{}}

[davey77]

Thanks guys and gals. (Funny post BRW lol)

 

I will sort them out in the end CB.. no worries.

 

Off out a while in the sunshine for now tho. Have a good weekend everybody!

[angel_1]

hiya davey

 

i just wanted to say hiya and give you some moral boosting hiya and smiles:-)

 

i can see you do have this in order with the help already posted

 

as you are always helping me just wanted to give you some angel good luck:lol:

 

keep at it and take care

 

laters angel x

[davey77]

hiya davey

 

i just wanted to say hiya and give you some moral boosting hiya and smiles:-)

 

i can see you do have this in order with the help already posted

 

as you are always helping me just wanted to give you some angel good luck:lol:

 

keep at it and take care

 

laters angel x

 

Thanks Angel.. nice of you! Had a good relaxing weekend and now back into the fray with gusto.

[Ron 2015]

Hi

 

I have just read all this thread and I would just like to say well done and keep it up.

 

I have just started with Cap 1 and all the info you have posted will be very useful.

 

thanks

[intree]

Hi Davey77

 

Your post has been really helpful - I support you fully in your actions and know you will come through stonger after this....

 

Thanks for your advice to me also

 

Intree

[davey77]

Thanks Peter E and Intree. Pleased the info is helpful!

 

Well, the reply to my letter post 101.. i'm getting closer.. but, no cigar just yet. I'll give them a week or so to send me the settlement confirmation details (they really don't want to do that do they lol) but if i get nothing further i have a mind to go straight to a Solicitor.

 

[davey77]

Sometimes it's easy to think 'am i being too difficult, enough is enough' or even 'am i being unreasonable'. But then you read stories like this and instantly you know.. there is nothing too unreasonable when it comes to making Creditors tasks more burdensome.

 

Nobody at Capital One is going to harm themselves over my letters. They are going to file it and go home at the end of the day (job well done) with a smile on their face after bombarding people for 9 hrs.

 

It's upon remembering this that you know you are in the right.

 

Newbury Today | Loans drove man to take own life

[lexis200]

'It'll take 48 hours'????

 

Surely from a professional company this should be 'It will'?

 

This sort of nonchalant language used in letters like this really annoys me.

 

Sorry to go off on a tangent - it's a pet hate;)

[andymanx]

Subbed

[joneseyblod]

Getting there Davey, just need the settlement confirmation now

[davey77]

Getting there Davey, just need the settlement confirmation now

 

yes getting there lol

 

If they have amended the Credit files correctly that's even more proof an agreement was reached so as far as i am concerned getting the settlement info in writing is just a formality.

 

I'll leave it a week then order CRA files from all 3 and will write to Crapital1 thereafter

[cab1ne]

Butterfly

[davey77]

Butterfly

 

Nobody is going to know what you are talking about, but i do! lol Thanks!

[angel_1]

hiya davey

 

just passing by and well you are on a roll now, must take time out to re read this thread

 

off to update a few of mine and do some fresh ones

 

laters all angel x:cool:

[davey77]

Hey,

 

oh fresh ones! I'll look out for those

[cab1ne]

its nice to see that a bit of old fashioned humour still excists, good thread

[davey77]

Have today requested my credit file in the post with all 3 credit reference agencies. Will update when i have all 3 in my possession.

[davey77]

So far i have 2 credit files:

 

Experian:

 

 

And Call Credit: