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Urgent - Shall I Take Capital One To Court?


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Hi,

 

Let me explain the situation….on my Equifax report it shows I have an account in default with Capital One. I queried this with them and asked for a copy of a default notice. They replied stating that they did not have to supply a copy of the notice has the account was in zero balance and had been settled. Now the unusual bit……

 

1) The account number supplied by Capital One does not match the account number supplied by Equifax. (on Experian there are no details of an account number).

2) The dates of when a default was issued and settled do not match the records held by Equifax and Experian (both have different dates to each other and different dates to Capital One)

3) I have written off 3 times to Capital One and all 3 replies have different dates on them…including the latest one which states that a default was issued on 29th march 2009? And settled on 16th April 2009!!!

 

I have written off to Equifax and Experian and both of them say the response received back from Capital One is that the data is correct…..that gets me no where!!!! I have used complaint template letter supplied in these forums and included data controller letters…….

Where can I go from here….I don’t want to take it through the Ombudsman as it will take months if not over a year to sort out.

 

Does anyone think I should issue a court order to Capital One has I have 3 letters from them all with conflicting information????

 

Any advice appreciated…..

 

Thanks

ALSO today I have learnt that according to the Information commisioners guidleines, the Banking code and Capital Ones own contract they have to give the consumer 28 days between issuing a default notice and then actually applying a default. According to their letters of when the default notice was issued (9th march 2005) and default applied on the 29th march 2005 that makes its only 20 days.....does anyone reckon this would also stand up in court?

Edited by S8NDS
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