Capital One! Evil litlle B###!! - Default

[lozzzy]

Hey all,

 

I'm on the hunt and taking no prisioners cause i'm really annoyed:mad:!

 

The Story so Far...

 

Back when I turned 18, 6(million) years ago, i took out several credit cards and quickly realised my mother had been right all along... credit is bad!

 

After not being able to pay the bills i stupidly entered a debt manager plan with a company.

 

Fast forward a few years, and this lunch time i took the splashed out and had a look at my credit report! it wasnt pretty reading!!! :?

 

In October 2008 Captial defaulted me and stated that i had "gone away"!.

 

Well i'm not best pleased as they have my address and have been supplied it by the DM company and myself. Additionally the DM company have supplied me with a statement showing payments made all through 2008! not one missed, yet equifax shows that i made no payments to capital one from August 08 till October 2008!

 

Well firstly i've sent Capital one a letter telling them that i want the default removing with a table showing the payments, cheque numbers and that the cheques been cashed!

 

I've given them 14 days to respond and then i'm off to the financial ombustman!

 

I'll keep you all updated, (if you interested or not) & In the mean time if anyone has any advice that might help me in this fight please feel free (even if its negative) to drop me a message!!

 

 

lozzzy!!!

[lozzzy]

Just a quick update... I've received a letter acknowledging mine and that they will be back in touch shortly!

[lozzzy]

Capital one have been on the phone today!

 

Apparently they knew i had changed address, however as it was the debt management people who first informed them they would not change the address! JOY!

 

Therefore they have not sent any default notices to me etc!

 

There reason for defaulting me is that although i have been on DM and been paying agreed payments since 2006, the amount they have received is less than the minimum payment which they request on the statements (which i dont get cause i'm on DM) therefore they defaulted me without giving me any chance to put this right!

 

They say i have "exhaused there complaints procejure therefore recommend i contact the Finiancal Obustman".

 

It may result in me getting nowhere but its gotta be worth a try.

 

Anyone got any tips or advice?

[craigers]

Subject Access Request methinks. See if they have an enforceable agreement. Also ask to see what notes they have in regards to your DMP and the company dealing with it. What company is it?

[lozzzy]

its a company called southern Tree.

 

Southern Tree arent wonderful, but they are helpful enough by providing me a list of cheques paid and cashed by captial one but anyone considering using them look around as they are a bit slow!!

[craigers]

How much do they cost you? I'd get on a DMP with the CCCS or Payplan if I were you.

[lozzzy]

i dont know if CCCS etc would accept me as i'm already on one (even if i am paying for it)

[lozzzy]

Captial one have sent there "final responce" so rolling onto the Finical obusman. I've downloaded the form to fill in so shall see what responce i get!

[natalie]

I have had exactly the same problem. They have always known my address, but have registered a Gone Away on my credit file. I have just contacted Experian and Equifax to get them removed.

[brokebutnotbeatn]

CCCS are funded by the banks and it might be assumed their agenda is set by them but that's just my subjective deduction. They won't take on a plan but would set one up for you. I have 3 kids (2 teenagers) and a 4 bed house I can't afford but can't sell - I buy the cheapest of the cheap (loo rolls £1.21 for 12) and I don't eat most days. I split a pack of mince (the cheapest) into 3 to spread out and grow my own veg. I don't go out - ever - don't drink - ever - don't smoke - never - and I don't buy crisps, cakes or snacks. They told me I was spend too much on food, too much on petrol (but I have to go to work so this is actual) and can afford £200 more than my current plan - believe me, I can't! I think CCCS are great if you are on benefits but I pay to have my plan managed as they accepted my expenditure plan which we worked out together. Perhaps with CCCS I just got an unpleasant person on an off day, but after waiting over 1 month for my appointment and wanting to put the money spent on the plan into the pockets of the creditors rather than the maangement company I was really miffed. So, CCCS and others like them can help, but so can other companies. I'm afriaid I have a full on job so I didn't have the time, at a difficult time, or the energy to sort out my plan myself.

[bearing]

Subbed

[lozzzy]

Well filling in the paperwork for the finical obusman and as part of the fun i'm goting to send them the Data proection request letter whilst i'm awaiting on the FO and see what interesting i receive!

[overdone]

CCCS are funded by the banks and it might be assumed their agenda is set by them but that's just my subjective deduction. They won't take on a plan but would set one up for you. I have 3 kids (2 teenagers) and a 4 bed house I can't afford but can't sell - I buy the cheapest of the cheap (loo rolls £1.21 for 12) and I don't eat most days. I split a pack of mince (the cheapest) into 3 to spread out and grow my own veg. I don't go out - ever - don't drink - ever - don't smoke - never - and I don't buy crisps, cakes or snacks. They told me I was spend too much on food, too much on petrol (but I have to go to work so this is actual) and can afford £200 more than my current plan - believe me, I can't! I think CCCS are great if you are on benefits but I pay to have my plan managed as they accepted my expenditure plan which we worked out together. Perhaps with CCCS I just got an unpleasant person on an off day, but after waiting over 1 month for my appointment and wanting to put the money spent on the plan into the pockets of the creditors rather than the maangement company I was really miffed. So, CCCS and others like them can help, but so can other companies. I'm afriaid I have a full on job so I didn't have the time, at a difficult time, or the energy to sort out my plan myself.

"A reasonable amount to spend on food is whatever you spend on food," so the nice C.A.B man told me. "Without a lowering of your standard of living" He also quoted me. He was trying to see that I did not do myself down and then proceeded to tell me what he had allowed me to spend on food in the penultimate draft. I was very happy with the first DMP they drew up. I got one of those people that advertise in the RED coloured newspapers to visit me some time afterwards and in view of the CAB DMP he wasn't very happy. What you need to do is get them all down to a pound. He could see I was never going to pay them all off if I lived to be 100. "Well there isn't much point is there?" He continued and that got me thinking. Well the CAB here shut up shop on DMP's because of lack of funding and I had to do my own which I did using their template as a guide. To cut a long story short I used all this info knowing creditors would be put to proof if they did not accept what I told them and that a court would not necessarily side with them if I made my own DMP look O.K. I had done myself down to make myself feel good about paying them back but changed my point of view. Most of them accepted, without question, my new self made DMP. I found the time in one evening to form it and I felt better already. A few creditors thought no CAB, oh Goody!! and rubbed their greedy little hands and the telephone calls started along with scary letters you would not believe. Then I found C.A.G and cca'd them all and never looked back since. None of them get any money because they are in default of my requests and cannot legally ask for any, although they more politely send begging letters. So, find the time. Time is money as the saying goes and CCA all of them. Keep up payments on your DMP until they default on your CCA request and politely inform them you are witholding payment until such time as they comply with your rights.