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2CCJs and 1 Default Capital One/Bryan Carters


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Hi I was wondering if anyone would be able to point me in the right direction of getting this sorted. Sorry but it may be a bit long winded.


In April 2005 I got a default off Capital One, although I was paying my balance through a debt management plan. Capital One said they wouldn't accept the DMP BUT did accept the payments through the DMP, so continued to add interest/charges onto my account. Which got me a default at £701 for a £200 credit card.


Because I was paying what I could through the DMP, I naively thought Capital One was fine with the aggreement (in my opinion they had accepted by taking the money). On 07th July 2005 they passed the debt onto Bryan Carters Solicitors, who issued a CCJ against me on 18th August 2005 for £258. I don't recall being made aware of this and continued to pay my DMP as normal. In December 2006 I had a credit check done for moving into rented property. Not surprisingly it failed so I got hold of my credit report and found a CCJ on their for £258. I paid this and assumed (again - should know never to assume) the debt was paid off, so I informed the DMP to stop paying them.


Then on the 05th March 2007 I got issued with another CCJ of £410, I finally paid the debt off on 20th August 2007.



Now i'm older I am trying to get a mortgage but these are standing in my way.


Account Opened: 13/01/2004

Defaulted on: 01/04/2005

Special Instruction Start Date: 01/10/2007

Amount: £701



Information type: Satisfied Judgment

Date: 18/08/2005

Amount: £258

Satisfaction date: 11 December 2006



Information type: Satisfied Judgment

Date: 05/03/2007

Amount: £410

Satisfaction date: 20 August 2007


My Experian file shows the dates above but my Equifax file shows the default date as the satisfied date. The date it was settled was in fact 20/08/07, so both default settled dates are wrong. I have sent a letter to both Capital One and Bryan Carters explaining this as i've got 4 different black marks on my files (6 in total) for the same debt.

I'm waiting for Capital One to get back to me. But Bryan Carter returned back to me today (although sent recorded), I rang them to ask for the address and they gave me the one I sent it to but asked what the letter was saying. I said it doesn't matter what the letter said has it wasn't signed for, so therefore shouldn't have been opened. The bloke then changed the subject and spoke over whatever I said. Which gives me the impression they opened it with the postman and then sent it back as it was something they didn't like.


Also I have managed to access an old payment statement of Fredpay (Bryan Carters) and found the following added to the account up to a few days before the second CCJ.


14/02/07 Claim Interest £41.47

02/08/07 Additional Amount £259.83

02/03/07 Claim Cost £20.00

02/08/07 Claim Fee £50.00


Sorry I said it was going to be long winded.


My questions are:

Will I be able to get the charges back from Capital One?

Are 2 CCJ's for the same debt legal?

Will I be able to get the CCJ's/default removed? especially with the info not maching?

Are they alowed to add 'additional amounts' without a viable reason to my account?

Is it legal what they're doing with the post?


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