Capital One admitting they are wrong!!

[cadencealex]

Add all charges now matter how much they are.

 

They really have no choice but to remove the default and a judge would certainly make them do it.

 

Wouldnt worry about it just sit back and watch them give all your money back.

 

I just hope it's done in a few months, as I will have 4 things removed then

[postggj]

i would not tip them off about the default notice

if you did another sar request, they might include the original flawed default notice

 

just a thought

[cadencealex]

i would not tip them off about the default notice

if you did another Subject Access Request request, they might include the original flawed default notice

 

just a thought

 

 

Might actually be better for me if I do request a new Subject Access Request - because I last got one in 2006

 

Good idea.. it means waiting a while but would be better for me in the long run - especially with getting the Default removed.

 

Am just going through my credit file, going to attempt to get satisfief Defaults removed too.. seeing as one wont come off until 2011, and Capital One 2014 if I dont do anything about it!

 

Edit: Can't give you rep, repped too much today!

[cadencealex]

I knew my account was in arrears but am disputing it because it's almost ALL bank charges.

 

I ignored them for ages.

 

I recieve a letter the beginning of December DEMANDING I pay or they default me.

 

I ring up and pay £50. Ask to set up DD. She tells me she will send me mandate. Never received it.

 

I check my credit file, see Default.

 

Guy I spoke to earlier said they didn't give me enough time to pay.. etc etc.. passed me through to collections. HE is even admitting they did this all wrong.

 

Been on hold for ages waiting now for woman in collections department to see what she can do. Not got time for this either, due in work

 

Fingers crossed the **** remove the Default!

[cadencealex]

UPDATE:

 

He said that a Default Notice can be issued 33 days from notification.

 

10th Nov - they issue letter

13th Dec -Default issued

 

He says that is 33 days. Surely they can't issue it EXACTLY 33 days from the letter being sent out? They have to allow for it to be received?!

 

He said he is going to see if they can remove the default for me now and set up DD.

 

Here's hoping but I doubt it...

 

 

And he just came on and said the account was charge off in March yet Defaulted in December which is VERY UNUSUAL and it should happen the other way around?!?!

 

Am I looking like I have a chance here? Anyone ?

[cadencealex]

Been given this address:

 

Executives Office

ERC Department

Capital One Bank

PO Box 5281

Nottingham

NG2 3HX

 

Can anyone help with my questions

[jonni2bad]

You can't automatically get Defaults removed just by paying the debt off, I'm afraid.

 

It MIGHT be possible to get a creditor to remove the Default when negotiating a lump sum type payment, but generally speaking, the only thing that happens is that your file will show the default as being satisfied, meaning paid, but it will still show in any search.

[jonni2bad]

By the way, have a read of these...

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/149403-would-you-like-clean.html#post1580664

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/149449-put-your-credit-reference.html

[cadencealex]

Thank you for those.

 

Capital One admitted they had messed up and there was 'unusual activity' on my account and the supervisor who went off to investigate ending up giving me head offices address to write to with 3 complaints.

 

1. the balance is all charges

2. not given enough time to pay between notice of default, and default

3. my account was actually 'charged off' 9 months before the default (supervisor saying it usually happens the other way around)

 

So have done my letter and will send tomorrow when I am able to print them all

[Audreygreeneyes]

I would write asking clear and concise questions, do not deal with them verbally.... only in writing and send it all recorded.....

 

it might also be worth for all the data they hold on you under the freedom of information act....

[cadencealex]

Is the Freedom of Info Act the same as SAR?

 

Many Thanks for your reply Had almost given up...

[cadencealex]

ERC Department

Capital One Bank

PO Box 5281

Nottingham

NG2 3HX

 

To Whom It May Concern 15th January 2009

ACCOUNT IN DISPUTE

 

REF: xxxx xxxx xxxx xxxx

 

I am writing this letter of complaint as advised by two members of your collections Department. Mr Singh and Mr Balash. My complaints are:

 

1. The illegal charges on this account, which take it well above the Credit Limit

2. A Default has been registered on my account because Capital One have failed to follow the correct procedure

3. I was not given enough time to pay, should I have wanted to, before a Default was placed on my credit file.

Both Mr Singh and Mr Balash agree that the procedure on my account has not been followed correctly.

 

Notice pursuant to s.10 of The Data Protection Act 1998 and

Notice of intended Data Protection Act complaint.

 

Whereas I have been a customer of Capital One Bank since 2005 and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998

 

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

Further take notice That I intend to make a formal complaint to the Information Commissioner and/or to the Courts that you unlawfully hold, process and distribute inaccurate information about me.

 

This is in addition to any rights which I may choose to enforce under the law of defamation

 

 

 

 

 

Do I give them a time limit to reply to this? If so, how long?

[cadencealex]

[DocH]

It looks as though it might be. The whole thing is extremely difficult to read though, and even magnifying it doesn't help. Is your unscanned copy any clearer?

[cadencealex]

It looks as though it might be. The whole thing is extremely difficult to read though, and even magnifying it doesn't help. Is your unscanned copy any clearer?

 

 

Yes it's all fine.. I can read it clearly yet when you magnify it on here it blurs!

 

 

Only thing I am thinking is.. .there is no separate PPI agreement.. just a tick box and a reference to Term 14 overleaf. Is this OK?

 

 

They have Defaulted me comprising mainly of charges anyways, so I have that on them

[DocH]

Is that the tick box immediately below the signature box, that has been ticked or the lower one?

 

If you did apply for PPI, then the agreement falls within s18 of the act (a multiple agreement) and the details (ie amount of insurance, interest rate and total to be repaid) of the PPI need to be shown separately within the signature section of the document.

 

They certainly seem to be well versed in screwing things up, fortunately.

 

Thanks for the rep.

Edited February 7, 2009 by DocH

[cadencealex]

Is that the tick box immediately below the signature box, that has been ticked or the lower one?

 

If you did apply for PPI, then the agreement falls within s18 of the act (a multiple agreement) and the details (ie amount of insurance, interest rate and total to be repaid) of the PPI need to be shown separately within the signature section of the document.

 

They certainly seem to be well versed in screwing things up, fortunately.

 

Thanks for the rep.

 

 

So is this an incorrect CCA then - there is no other terms of insurance etc etc... I am going to double check then!

 

I want Capital One gone off my credit file!

 

And just noticed Citibank have defaulted for £685 which is £400 more than my credit limit... was going to let them get away with it as the Default falls off in August but now I want my money back... :mad::mad:

[cadencealex]

Defaulted in December 2008. £176/£300 of unlawful charges.

 

Capital One refusing to remove Default. Offered a partial refund.

 

I declined, accepted only as part payment... received final response.

 

 

 

Sending LBA tomorrow morning.

 

 

To Whom It May Concern

LETTER BEFORE ACTION

 

 

Having received your final response, I am writing this letter to let you know that I shall issue proceedings in the County Court within 14 days of the date of this letter.

My grounds for doing so are:

The Consumer Credit Agreement in which I ticked a box for Payment Protection Insurance (PPI) does not have any Terms and Conditions, or payment amounts, or interest amounts relating to the PPI. This would make it a Multiple Agreement, however, it would appear unenforceable due to the prescribed terms being incorrect.

The Default balance is for £300. £176 of this is unlawful penalties.

I made a payment of £48 on this account in December after receiving a Default Notice. I refer you to (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255). I was still defaulted despite of this.

The unlawful charges placed on my account

Refusal to cancel PPI by your Customer Advisors

Placing a Default on my Credit File with Experian, Equifax and CallCredit

 

I request that you remove the unlawful Default you placed on my file, refund all of the unlawful charges that you placed on my account.

Failure to do so within 14 days will give me no other option but to commence proceedings in the County Court.

 

 

Yours Faithfully

 

 

 

 

 

 

 

 

 

 

 

 

I doubt I will hear anything from this. Will it be a problem for my defence if I haven't actually outlined ALL of these complaints with Capital One?

 

I have told them about charges/defaults.. but not the agreement/PPI issues.