caspercat1 v capital one

[caspercat1]

New thread I discovered a Crap1 default on my credit file dated Dec2009 only this week, I had no idea it was there and having settled in full at the time though that was the end of the matter. Taking advice from Silverfox SAR sent today asking for copy of default notice and statement of accounts etc. Question am I better off pursuing unlawful charges since these were defintely added to the account and then try and get the default removed, its the latter which bothers me most I just want to get it off my file. Looking at the experian credit file I only missed 3 months payments and I remember at the time they chucked it over to Fredrikson's and refused to deal with me. Looking for a bit guidance on this!

[silverfox1961]

Hi,

When Cap1 respond, they won't send an actual copy of the default notice but when you look at the screednshots from the Apollo system, it should show when a default notice was issued. I'm assuming you never received a DN.

Can you give a little more info on this debt?

When did you fall into difficulties?

How many payments did you miss?

Did you make token payments?

How long after getting into difficulties did you pay the debt off?

[caspercat1]

I never received a proper Default notice

Account type:

from Cap1 and the extract below shows the track record on Experian,I need to verify

Credit card / Store card

Started:

13/03/2008

Default Balance:

£675

Current Balance:

Satisfied

Credit Limit History:

£500 (01/10);

Defaulted On:

09/12/2009

File Updated for the Period to:

11/04/2010

Account Status:

..

..

..

..

..

..

..

..

Balance:

£0

£0

£99

£675

..

..

..

..

..

..

..

..

Payment Amount:

£99

£0

£576

£0

£0

£0

£36

£0

£30

£24

£21

£18

Previous Statement:

£99

£99

£675

£651

£612

£574

£573

£536

£530

£486

£435

£378

Cash Advance:

0

0

0

0

0

0

0

0

0

0

0

0

Advance Amount:

£0

£0

£0

£0

£0

£0

£0

£0

£0

£0

£0

£0

Payment Code:

Promotional Rate:

N

N

N

N

N

N

N

N

N

N

N

N

 

I am not sure that I did miss 3 months in a row since I can't find original statements the last 2 months of payments were a mixture of some direct to Fredricksons and some to Cap1 on an agreed schedule which was met, I don't remember seeing a letter stating account closed however no doubt the SAR will shed further light. Track record of payments prior to shown above was regular since account opened but might have been late on the odd month but not consecutively.

[caspercat1]

NB above should go across the Page looks like the format has pushed it down, however you can probally see the payment tracking from it

[dx100uk]

If you did miss or were late or under payed with 'some payments' [and it matters not if they were consecutive or not]

they are entitled to register them, as it will be a 'true' reflection of the history of the a/c.

there is no way to remove them.

 

the only 'markers' you can get removed are overlimit ones

where you can PROVE that the over limit was SOLELY made up of their unlawful charges and you reclaim them.

 

dx

 

is by the

[caspercat1]

Dear DX,

 

I guess that they are entitled to register the fact that you were late

 

however it's the default on the file that is questionable

 

they were not responding to verbal commuinication and passing me onto Fredricksons

and when an agreement was made to repay the balance and it was adhered on time.

 

no underpayments were made across the period where you can see payments in the list above,

 

but I need to go back and check what was missed on exact dates.

 

Is the over limit marker N in the list?

 

It's the default that I want to get removed

 

and will not stop until that is achieved.

[dx100uk]

it matters not if an agreement was made

if you did not pay the min required on the statement or missed payments

after 6 of those it will become '8' default.

 

the sar will give you the true picture

 

however, as i said

 

i doubt you will have any grounds sadly for the default to be removed

they well state probably correctly, that it shows a true record of your conduct of the A/C.

 

sorry.

 

dx

[caspercat1]

Well that is exactly the point and gives some grounds to utilise since I did not miss 6 payments in a row or underpay anywhere across the contract 6 times particulary at the default date which relates to 2/3 miss payments, even the experian record states that.

Also the formal notice was never served therefore I think I do have grounds to claim back the over charges and then utilise these unlawful charges as method to leverage the default off.

[caspercat1]

Also from the

· Data Protection Technical Guidance - Filing defaults with credit reference agencies

 

Published on 28th September 2010

"So no default should be filed if the lender normally records defaults when accounts are six monthly payments in arrears and the customer has not yet reached that level of indebtedness, even though he may have missed payments under the ‘arrangement to pay’.

2. If a lender accepts an ‘arrangement to pay’ as an alternative to filing a default, and the customer fails to make any of the agreed repayments, then a default can be filed straight away"

[themadcap]

Did you end up being defaulted due to unlawful charges? that could be one reasonable argument for removal.

[caspercat1]

Well, these undoubtably took me over the credit limt and was a cause of it but reading some of the other posts I know that unlawful charges have to make a percentage proportion of your balance and until I get the SAR i will not know that. Given that I have never seen the proper default notice lodged I don't what the exact reason was for it, again hopefully the SAR will reveal that.

I think from the response to posts and previous post that are two ways to possibly go at this 1) Unlawful charges and 2) Data Protection act and inaccurate data on the credit file. I think that the first has more legs since it undermines the basis for serving a default in the first place and indicates that your credit record and abilty to pay is a consequence of Cap 1 imposing unlawful charges. I expect a tough battle on this one but I am in it for the long haul, lets face it I am stuck with it for 5.5yrs if I don't. Everybody goes through a period of tough time at some stage but this is the only Lender that reacted in this way and I reckon that is consequence of the type of basic card offered and probally a high percentage of general account problems have led to a strategy of strike first and at the first indication of problems pass on to Fredricksons and default the file and seek account closure, job done.

[themadcap]

Wait until you get the SAR at this time you will be able to make a claim for your charges, included in your letter will be the requirement to remove any default added,dont worry because there is no way they will agree, but then when you send it to court in your particulars will also be the requirement to remove so when they send a response saying "as a gesture of goodwill etc" part of your requirement will be removal of DF also charge them interest on the charges at the highest rate your card was at as that is exactly what they have done.

[caspercat1]

SAR came back on Friday 11/3 therefore getting ready to send the perliminary letter (I have the template), there are lot of overcharges over the years so just doing the calculations.

[caspercat1]

All, had a bit of break from this got the SAR back but now ready to go have my LBA ready and spreadsheet of charges but principal aim to get that default off my file and get some of the money back.

 

How tough are these bozos and will they go all the way to court since I am ready for it and I would love to get bailiffs in if it comes to it.

 

Any advice welcome

[ims21]

Hi

 

Cap1 are fighting back and you must be prepared to go to court with this. Advice is to prepare, prepare and prepare again.

 

How far down the line are you with this....have you sent them a prelim yet? I see earlier in the thread you mentioned it but did it go to them with your calcs?

 

ims

[caspercat1]

Yes but I have only just sent the LBA with reclaim costs today.

 

Not a massive amount around £453.00 inc interest but nevertheless lets hope it annoys them enough to consider removing the default as part of the settlement.

 

Sit back now await chase them up shortly and get ready for the court papers just a slight reservation on this since in previous thread I had a response that courts can rule against removing defaults as part of a judicial settlement but i need to read up on this next stage.

[caspercat1]

Got the response to LBA basically saying bog-off regarding refund & Charges. Also mentioned that I failed to pay an amount relating to the DN within a timescale however I did not receive that notice, could ask them to send a copy but don't think this will make any difference.

 

Think I should go straight into the County court claim route now so they know I mean business and also add the 8% interest on top.

If they don;t remove the DN as part of settlement I am already attacking the credit agencies via Data protection act and removal of defunct contract data and lack of perpetuity data processing clause in the contract.

[caspercat1]

Got fed up with this Default had a struggle to get my Business account with Barclays although got there in the end and decided enough was enough and action needed.

After a long break finally got round to doing this after LBA sent in December 2011 have now raised County Court Action for £792.00 went for Compound Interest to make it enough to be on there Radar with Default removal a condition.

 

Straight into the County court claim route today so they know I mean business and also add the 8% interest on top so now the fun starts.

[caspercat1]

Actually LBA Dec 2012 got that wrong.

[caspercat1]

All, my MCOL is lodged and now issued by the court so do I just now wait for a defence or offer to come through from CAPONE ?

 

In the meantime do I need to add anything else on MCOL ??

[caspercat1]

Got the note back from the court that Capone legal have acknowledged the claim so no chance of 14 day default judgement therefore will sit back and see if they lodge a defence.

 

Getting slightly nervous about this now but I am assuming they are playing for time to make me an offer and try and get me to back down but if it goes all the way I will not back down.

[ajs444]

I went through Scottish Courts and Capone defended, using one of the most expensive solicitors in the land, at the initial hearing i basically said nothing, their solicitor rambled on about their defence.

 

They tried to get it dismissed but the sheriff was not having it, he told them to lodge defence in writing within 14 days and scheduled a second hearing.

 

After the first hearing I was contacted by their solicitors with various offers and legal arguments. all of which I declined, they finally came good a week before the second hearing, giving me all I had asked for.

 

It will make you ill, you will worry, you cannot sleep thinking about your case, it is pure psychological warfare, but hold out, you will win.

[caspercat1]

]My 28 days are nearly up and no defence lodged by Capone or even a peep only another 2 days before I apply for judgement.

 

Do I need to submit any further info to the courts such as detailed spreadsheet charges or copies of LBA letter and Capone rejection.

[ims21]

No...just sit it out.

[caspercat1]

Spoke to soon and defence has been lodged on MCOL yesterday and arrived in the post am on today. When I rechecked it was the last day possible, just wondering if this

is usual brinkmanship and are they hoping I will back down before the hearing because I will not.