Capital One / Robinson Way - Default

[richt22]

Hi All,

 

I applied for a Capital One credit card in July 2004 and after having problems with late payment charges, they registered a default a year or so later.

 

Since then I've had various communications with both Capital One and Robinson Way DCA regarding the charges and the default.

 

In a nutshell, the amount allegedly owed is around £700.00 and is entirely comprised of these late payment and missed payment charges.

 

After following guidance from CAG, I sent a Subject Access Request to both Capital One and Robinson Way but have received in return what appears to be an application form signed by myself but with no mention of the prescribed terms as required by the Consumer Credit Act.

 

About 18 months has now passed since receiving the SAR and it is clear to me that the debt is not currently enforceable because I don't hear anything from Robinson Way for months then get a quasi begging letter from them entitled "Where did we go wrong?"

 

If the debt was enforceable then in my opinion Robinson Way would not hesitate in taking action to register the debt in the County Court and would have done so long ago.

 

Now, my main intention is to secure the removal of the default notice from my credit file but am not sure of the best way to go about this. There is lots of good but varying advice on this excellent site and I was wondering if someone could possible guide me as to the best way to approach this problem...

 

Many thanks indeed,

 

Goldenwolf

[Tartan Barty]

Don't hold your breath!!!

 

I have an ex-crap1 with robbers way and it has been in dispute for over 1 year. I have sent the section 10 etc but they say they have the right to process and won't remove it. Mine along with 5 other defaults drops off next summer so I am happy to wait till then.

 

The only real way would be to take them to court and get a judge to instruct them to remove it but if you have the same application form as me you will see that the small print around the signature does say that you give them the right (crap1) to process your data so you may be on shacky ground.

 

Someone maybe along to tell you different but just my 2p worth!!!

[richt22]

Thanks for the reply Tartan Barty, this is really the crux of the matter - if they cannot prove that the debt is enforceable and they send the original application form in response to the SAR request then I would have thought there is no legal basis for a default to be registered.

 

It may well be that the only thing to do is take them to court and see what happens although if I do go to court, I would like to win!

 

Will be interesting to see what others have to say however thank you for your input.