Default removal

[LesleyDeacanjason]

Hi everyone

 

I have just filed money claim for charges against capital one, but how do I get them to remove th default notice. I asked them in the letter, but how can i make sure they do it?

 

Please help, also they offerd me partial refund which i said i would accept, but claim for the remainder. Should i have taken the payment then filed for the remainder, or was it ok that i filed for all of it

 

Thank

lesleydeacanjason

[chopperclaire]

Hi There

 

Go into the Legalities Forum and then Default Removal Forum. There is a post in there (can't quite remember the thread) which showed a letter after the bank had settled reminidng them to remove the default. This may be of some use to you, and that forum is really helpful also with regards to default removal.

 

Hope that helps.

 

Claire

[boss lady]

Hi

 

Just trying to remove a default from Capital One who have sold the debt to Lowell. Sent the necessary paperwork requesting them to remove the default. Lowell has refused to do this stating the following ``The sale of this account, in accordance with the Law of Property Act 1925 entitles Lowell Financial Ltd to process the information held on this account as has been the case till date. Bearing in mind I have sent the necessary documentation to Capital One stating court action will ensue if they do not settle because the account is made up of unlawful charges. Can anyone help to point me in the direction of where I find the relevant bit about the Act. Thanks

Edited June 23, 2008 by steven4064
'illegal' changed to 'unlawful' to be om the safe side

[LesleyDeacanjason]

Hi All

 

Advice needed please

 

I am trying to help my mum, who is being harrassed by Capital one, and they are bulling her into paying more than she can afford.

 

What we would like to do is freeze the account as she doesnt want to us it any more. Everytime she makes a payment they add charges because its not what they want her to pay. They are bulling her into making more payments than she can afford, and then they charge her which causes her to be more over!

 

Is there any letter we can send them to freeze the account, and stop them doing this. All she can afford is £40.00 per month, and I have told her that if they ring her, to advise them that all correspondance should be in writing.

 

Any help and advise is most appreciated Obi Wan!!!

Lesley

[Crocdoc]

Take your mum round to your local CAB, they will compile an accurate financial statement for her and make an offer on her behalf. they will request that interest and charges are frozen.

 

Alternatively, and depending on the balance, send them a Subject Access Request, calculate all charges over the last 6years England/5years Scotland add 8% Statutory Interest and lodge a counter claim.

In some cases (not all) the counter claim can be greater than the outstanding balance.

 

Don't talk to them on the phone, writing only.

[box788v]

stop all payments and request them to send her cca that she signed. have a look through the letters on here. she might end up getting it witten off. that is what i done