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Another Cap One default post!


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Hi all,


I'm hoping someone can give me some advice. I'm currently on a DMP with CCCS, Capital One is included in this. In December 2008, CCCS requested an early payment to fund Christmas payments, I stupidly didn't pay attention and left the SO as is and missed their deadline by a day. Subsequently no payments went out in December, but a double payment went out in January 2009 to bring the DMP back up to date. I subsequently received a default notice from Cap One, below are the timescales bringing me to where I am now:




  • 19th January 2009 received a letter stating I had missed a payment and unless I contacted Cap OneI would officially be served a default
  • 3rd February 2009 at 12.05pm called Cap One and according to their agent, the account had been “reset” and would continue with the agreed monthly payment from CCCS
  • 22nd February 2009 they sent a letter stating I was in default
  • 27th February 2009 I sent them a letter, recorded, outlining the above and requesting details as to why they had issued a default, I received no reply
  • April 2009 I sent another letter to them reiterating my letter of 27th February, I received no reply.
  • June 2010, at 9.47am I called Cap One and spent a total of 47 minutes talking to an agent reiterating the above and they eventually agreed the default was incorrect and they would instruct Cap Ones relevant team to have my record updated
  • July 2010 – Received a letter from Cap One stating the default was correct and no further action was required
  • August 2010 I sent another letter to them reiterating all of the above and received no response
  • September 2010 I sent another letter, recorded reiterating my letter of 19th August, also stating it is unacceptable to have received no response within 28 days and requesting a response by return.
  • November 2010 sent a SAR
  • Received this dated 30th November:






Followed by this dated 29th November!:






Now the second letter appears to be them slapping me down and statining if I pursue this I'll end up the loser.


I've been looking at getting a mortgage but in this current climate I seem to have more chance of flying to the moon then getting a mortgage with a default on my record.


Is there anything more I can do about this or am I now stuck with this?


Thanks in advance




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  • 3 weeks later...

The fact is if you have not kept to the original agreement they are entitled to place a default notice..... HOWEVER.... they state they are required to place a default notice after new account review processes... by what act/regulation are they REQUIRED to report this....


I'm afraid I dont see much mileage in going to the FOS although they may censure crap1 for not responding to your previous letters.



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