Capital One admitting they are wrong!!

[cadencealex]

I am with Capital One and am currently about £45 overdrawn on their account due to bank charges SOLELY. I do not have the credit card anymore - I haven't used it for months.

 

I made a payment of £80 in October.

 

I have just called and told a woman who didn't speak correct English (very patronising) that I would make payment by the 10th November and in the mean time, I need help accessing my online account as I had forgotten my details.

 

I was told that I could not use this facility as I was in arrears and I should make payment NOW - she wouldn't transfer me to correct department otherwise.

 

It does not MATTER that I am in arrears, you can ALWAYS access your accounts online... and I calmly put the 'phone down before I told the stupid b***h what I thought of her and her broken English!!!!

 

I am fuming... being condescended by a monkey who probably works for minimum wage.....

 

Right... bring it on.... I am going to claim all my bank charges back from Capital One....

[lickthewallfatboy]

foreign call centres are just about the most frustrating thing you can encounter when dealing with these guys

[cadencealex]

Is this address correct? I found it on old post:

 

Miss Katherine Blunt

Capital One Bank

Legal Department

4th Floor

Loxley House

Station Street

Nottingham

NG2 3HX

 

And if I enclose the £10 .. how long does it take for the statements to come through approx?

 

Many Thanks in Advance

[nathal]

Send it to their registered address

send £10

my statements took 30 odd days

they have a max of 40 days to comply

[cadencealex]

Send it to their registered address

send £10

my statements took 30 odd days

they have a max of 40 days to comply

 

Thanks for your help.. and sorry if I'm being dense... but where will I find their registered address?

 

Thanks

[nathal]

either on companies register

or

goto their website

http://www.halifax.co.uk

[cadencealex]

the account is less than 12 months old I think... but I don't know when I opened it.

 

will it be sufficient to just ask for a copy of my statements 'from when I opened the account'?

 

And I found the registered address!

[nathal]

Try ringin and asking, and if not just from the start of your banking history or the six years

[cadencealex]

Try ringin and asking, and if not just from the start of your banking history or the six years

 

 

Have done the letter and found the address... just wondered.. do most people send a cheque/cash or postal order?

[nathal]

dont send cash, send postal order or cheque so you can check if it has been cashed.

[cadencealex]

Capital One (credit limit £200) have been harassing me for months demanding £348 - I was on a payplan agreement so was actually making payments up until May 2008.

 

Obviously, the bulk of this is made up of charges (I cant spend more than £200 ).

 

I have been talking to them several times asking them to refund the charges etc etc

 

Anyways, I got a default letter through in December AFTER making a £50 payment.

 

The woman I spoke to wouldn't take my bank details to make standing order payments, and didn't send me a DD mandate.

 

A few weeks later I get a default notice, and now it is on my file

 

Can I get this removed - I have satisfied defaults coming on in May this year so my credit file is finally starting to repair itself.. and now this

[creditcardmug]

I was searching the threads earlier, and came across this from a couple of years ago, which may be of interest to anyone trying to get entries removed from their credit file.

 

Okay people... you're all looking at lots of paperwork (which is fine), but there's a little nugget of shiny stuff embedded deep within the bowels of the Data Protection Act 1998.

 

Ladies and Gentlemen, a little known fact about the Data Protection Act and credit reference agencies and automated searches:

 

You are legally entitled, under Part II, Section 12 (1) of the Data Protection Act to insist that no agency can use your data for automated purposes including... and I quote from the said Act...[drumroll]...

 

(1) An individual is entitled at any time, by notice in writing to any data controller, to require the data controller to ensure that no decision taken by or on behalf of the data controller which significantly affects that individual is based solely on the processing by automatic means of personal data in respect of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct. ...[tada...takes deep bow]

 

Okay, what does it mean in English...

Whilst credit ref agencies can store the data, you (and only you...not them... YOU, the "individual"/data subject/etc) can decide if you want that data to be included in any automated processes which includes the automatic reference transactions that banks and Co. send through for ref checks.

 

You may, if you so wish, ...(and the agencies can't do diddly-squat about it)... insist that your data is excluded from the automation process, and that it can only be utilised within manual reference purposes... which by the way, none of the agencies have the ability to process.

 

If you think I'm joking, I've done it for all three of the ref agencies, and they've all had to remove all my data from the automation process because I threatened them with a Court Order if they failed to do so.

 

So, what happens in reality. Well, maybe try what I did...

 

1) Send them a recorded delivery letter along these lines...

"Dear Sirs,

 

This is a formal notice, served under the provisions of Chapter 29 of the Data Protection Act 1998 in requesting that you conform to my demand for a change in the manner in which you hold and process subject data about me.

 

As you are no doubt aware, Schedule II, Section 12 (1) of the said Act allows all data subjects the right to insist on the removal of any and all data from automated processes in repsect of matters relating to them. I have reproduced that clause for your information, in case you do not have a copy to hand:

[insert clause from above in quotes].

 

You will note the exact language of the Act, in that such a request may be made in relation to a number of different reference checks "which significantly affects that individual", and the Acts specifically cites

"credit worthiness" as one of those examples.

 

Recent checks on my file have caused severe complications, and now "significantly affect" my everyday life, and that of my family. An additional point to note is that issues of this nature that adversely affect "normal family life" are in breach of the Human Rights Act.

 

Therefore, you have seven days from receipt of this letter to remove all such data from your system where it is referenced and processed via automated processes. You will obviously need to transfer it to your manual process system and alert your customers that my data can no longer be searched via an automatic process.

 

I look forward to receiving your confirmation that the above change has been made to my file at the end of that seven day period.

 

To that end, I look forward to receiving your confirmation by close of business of ...[date it nine days hence to give them time].

 

Yours, etc"

 

I did this to Experian, Equifax and myCallCredit last month. Equifax argued the toss initially, then I issued an N1 Court Form against them, and as soon as they got that they capitulated. By the way, they also had to pay the Court fee.

 

Of course, they don't actually have anything on their system that can manage a manual intervention on a credit check, so they have to bar all the data from being read.

 

[cadencealex]

WOW!!!

 

 

Sooooo if I send this to all the agencies.. my Defaults/Satisfied will all be removed... and I will have a perfect credit file again ?

 

I really need squeaky clean credit for my career and don't want debt...

[creditcardmug]

Hey dont get carried away yet, i dont know much about getting rid of CRA entries, but i just found this today whilst researching something else, but it looks promising, may be worth a go.

 

Hope it helps you

 

regards

[jonni2bad]

WOW!!!

Sooooo if I send this to all the agencies.. my Defaults/Satisfied will all be removed... and I will have a perfect credit file again ?...

 

No, I'm afraid not.

 

The above quoted text seems to have been used in good faith but without any real understanding of what it is all about.

 

What you need to do is contact Cap One and get as much information as you can in relation to this debt.

 

What was the level of debt at the point they defaulted you?

 

What, precisely, were the level of charges on the account at that time? (and also, were the charges old and above the £12 threshold as per OFT guidelines?)

 

Did they serve a Default Notice upon you?

 

Can you show it to us, having removed your personal details...?

[cadencealex]

No, I'm afraid not.

 

The above quoted text seems to have been used in good faith but without any real understanding of what it is all about.

 

What you need to do is contact Cap One and get as much information as you can in relation to this debt.

 

What was the level of debt at the point they defaulted you?

 

What, precisely, were the level of charges on the account at that time? (and also, were the charges old and above the £12 threshold as per OFT guidelines?)

 

Did they serve a Default Notice upon you?

 

Can you show it to us, having removed your personal details...?

 

 

This account began in 2003. The Default was notice fair and square. The charges were from before the £12 ruling came into effect.

 

What I don't understand is, they have not registered any of my Payplan payments.

 

I am going to ring them today , I think I have until 1am.

 

I can't upload the Default notice just yet as I don't have a scanner now but am going to get one and crack on with sorting out my credit file

[jonni2bad]

You say the Default Notice was "fair and square" but I suggest you hold fire on believing that until it is clear that is has been issued correctly, in the prescribed manner, and does not contain unlawful charges.

 

The default notice was for £xxxxx

 

The level of charges made on the account prior to this date was £xxxxx

If you fill in those blanks, it would help...

[cadencealex]

You say the Default Notice was "fair and square" but I suggest you hold fire on believing that until it is clear that is has been issued correctly, in the prescribed manner, and does not contain unlawful charges.

 

The default notice was for £xxxxx

 

The level of charges made on the account prior to this date was £xxxxx

 

If you fill in those blanks, it would help...

 

 

The Default notice never told me what the amount was they were defaulting me for, if I remember correctly.

 

However, I found on my credit file they were defaulting me for £300.

 

Charges are £201

 

I burn everything in the fire when it comes in

 

BUT I see another woman on here has the same Notice of Default and another person on here told her it is not correct and so is unlawful.

 

I suppose I will have to ask them to send me another one? Or should I say I never received it?

[Jamesx81x]

Request a list of all charges from Cap One they may have added charges unkown to you plus interest or add them up on statements if you still have them. Issue them a letter demanding the charges back, you will more than likely get the standard no letter back. Issue them a letter before action warning you will take them to the Financial Ombudsman.

 

At this point you will either get a refund or they will give you their final response which will be 'no'. Guarantee it will be the latter.

 

Issue a complaint to the FOS sending all letters issued and received to them and let them take over. My wife has just claimed back £440 and been awarded £73 in interest after the FOS basically told them(Cap One) pay it back. Then you will be in a stronger position to have the default removed and if you put this in with your complaint to the FOS they will advise you whether you have valid grounds to have it removed which if it was not for the charges you woud have stayed within your credit limit therefore not broke the agreement.

 

They may also try offering you a settlement of issuing your charges minus the £12 which they keep. DO NOT accept this as £12 is only the amount the OFT said they would act on if the charge was above. Never have they said they beleive it to be fair or legal.

 

FOS is your best route and they had my wifes claim resolved within 5 weeks which is pretty good for them.

 

Good luck!!

[cadencealex]

Request a list of all charges from Cap One they may have added charges unkown to you plus interest or add them up on statements if you still have them. Issue them a letter demanding the charges back, you will more than likely get the standard no letter back. Issue them a letter before action warning you will take them to the Financial Ombudsman.

 

At this point you will either get a refund or they will give you their final response which will be 'no'. Guarantee it will be the latter.

 

Issue a complaint to the FOS sending all letters issued and received to them and let them take over. My wife has just claimed back £440 and been awarded £73 in interest after the FOS basically told them(Cap One) pay it back. Then you will be in a stronger position to have the default removed and if you put this in with your complaint to the FOS they will advise you whether you have valid grounds to have it removed which if it was not for the charges you woud have stayed within your credit limit therefore not broke the agreement.

 

They may also try offering you a settlement of issuing your charges minus the £12 which they keep. DO NOT accept this as £12 is only the amount the OFT said they would act on if the charge was above. Never have they said they beleive it to be fair or legal.

 

FOS is your best route and they had my wifes claim resolved within 5 weeks which is pretty good for them.

 

Good luck!!

 

 

Many thanks!

 

Just found another load of statements with another £60 worth of charges on and 4 x £12 fees .

 

Can I add the £12 fees on to to my total claim?

 

This would mean that the whole amount owed is actually charges :-x

[jonni2bad]

...This would mean that the whole amount owed is actually charges :-x

 

 

And there's my point!

[cadencealex]

And there's my point!

 

 

Well I have done my letters to Cap One and they will be sent tomorrow ... the tw@ts

[jonni2bad]

IF AND WHEN you are offered a refund of those charges, under no circumstances should you accept them UNLESS they are going to remove the negative entry on your credit files.

[cadencealex]

IF AND WHEN you are offered a refund of those charges, under no circumstances should you accept them UNLESS they are going to remove the negative entry on your credit files.

 

 

Thank you for that

 

That is more important to me than the money.

 

Edit: I sent a SAR in 2006, received all info.. but didn't receive a CCA. That's good, right!?

[Jamesx81x]

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.