Defaulted by cap1, was prob charges - can i get it removed?

[kellym831]

Hi,

 

Wondering if anyone could help. I defaulted with capital one in March for £1100 (my card limit was £1000), i have since claimed charges £ 300back from them. Can i request for them to remove the default as by giving my charges back they have kind of admitted that they were adding unlawful charges onto my acc. The default is recorded as £1100 so can i claim on the basis that the incorrect amount was originally recorded therefor the default is not valid???? If so how do i go about this???

[craigers]

good luck! i think you'll struggle. capital one would gnaw off their arm/leg beforeremoving a default. i don't think on the basis of the unlawful charges alone you could get the default removed. i'm not sure you'd get much support from the ico/courts on the percentage of charges to the balance, unless you can prove that the charges led to charges led to charges leading to financial difficulty leading to the account being defaulted. but if the charges are from a few years back i don't think you'd be successful.

 

how long have you had the card?