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Capital one bank and missed payment


Consumer dude
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A payment of forty pounds was paid to a credit card over the counter at the bank, I have the reciept and capital one have confirmed thay had received it within three days of that payment being made and payment was made on time, and this payment cleared the account at that time..

 

This was in october of last year and guess what, they still keep phoning up and now inform us that a default notice will be served.

 

What shall I do about this nonsense ?

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I think that you have to act quickly. Have you written to them at all about this?

 

If you have then send them a 7 day LBA and then sue them for breach of contract and breach of the DPA.

 

The breach of contract will refer to their duty to run your account correctly. the breach of the DPA will refer to their duty to process your data correctly. s.13 DPA gives the judge power to award compensation for loss and distress.

 

This is all a hammer to crack a nut but if you have already written to them and tried to put it right then it may be the only avenue left to you.

 

Do not threaten action if you don't intend to follow through.

 

The claim would be a part 8 claim and will cost £150 but you will get your money back.

 

Once you issue the claim, Cap one will start listening and will fix the problem. However, insist on your costs and a figure in compensation for the hassle or else you will continue.

Unless ther has been some serious distress or unless they have already put your name on the credit register, £250 plus cost feels about right.

 

If they have put your name on the register then you want a written undertaking to delete all references witin 7 days plus £350 plus costs

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Don't write anything without prejudice. Don't agree to confidentiality unless they pay you an extra £200 to keep the secret.

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