Capital One Default removal request(Progress so far)

[tomlittley]

Thanks again James, you've been very helpful.

[BRIGADIER2JCS]

Prior to going to FOS you must exhaust the complaints procedures of the OC and DCA's,

the FOS will be more favourable if you have tried to resolve the dispute beforehand as that

is their purpose as final arbiter.

[Jamesx81x]

No probs anything to get one over on the bully boy institutions

[BRIGADIER2JCS]

The final response letter from the creditor is a very important item as in the simplest of terms you are

appealing the unreasonableness of that response in your opinion.

[tomlittley]

The final response letter from the creditor is a very important item as in the simplest of terms you are

appealing the unreasonableness of that response in your opinion.

 

Hi Brigadier, your right on the letter they are saying this is their final response. Do I complain to them or do I need to go to th FOS?

[BRIGADIER2JCS]

No straight to FOS now, complaint form is on their web site!!

[tomlittley]

No straight to FOS now, complaint form is on their web site!!

 

Thank you Brigadier.

[The Debt Star]

Oh and if it does go to the FOS which it more than likely will then ask for the default entry to be removed as part of the complaint due to the grounds i stated above

 

darn good advice there. excatly what I did when I went to the FOS about HSBC and as part of the adjudication the default was removed.

don't ask, don't get.

[tomlittley]

Hi All,

 

Just had another letter from Cap1 with the following response:

 

To confirm your previous account ending in 0621 went into default on 12 Jan 2007 for £460.69. You have since made the payment which has bought your balance to zero and we have recorded a settled default on your credit file.

 

As you will be aware, where there is no sum which is, or will, or may become payable under the credit agreement, then the obligation to provide documentation under section 78 of the CCA does not apply. Therefore, on the basis of the above, we have no obligation to provide you with a copy of the documents that you have requested.

 

I am baffled how the above response was given for the question asked below:

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number:

2. You must supply me with a signed true and certified copy of the original default notice

3. Any deed of assignment if the debt was sold on

I have now sent my complainant of to the FOC; but feel this is not going to get e very far because the basis of my complaint is noncompliance to the CCA request. I have also mention that I requested a statement of my account(as per request above) to reclaim penalty charges all of which they have not responded.

Just as a further observation, they have entered the wrong account number on the default, I have informed the FOC of this point also. I was wondering now I have received CAP1 final response re this matter, does this apply if I write to claim charges on this account? As I've been unable to get CAP1 to supply a statement of account, I can only claim for the £160.00 that is showing over my £300.00 credit limit.

[BRIGADIER2JCS]

I'm afraid their statement is correct account is settled and the contract/agreement is null and void.

How successful the FOS complaint will be is much a lottery depending on the adjudicator.

[Jamesx81x]

You need to make your complaint soley about the charges, whether the agreement has ended or not you are entitled to reclaim.

 

Reclaiming the charges, will then leave the balance of the default notice to be incorrect. it is not a case of just adjusting it, a new notice would have to be issued and as they have kindly pointed out, there is no agreement to issue one on.

 

Therefore due to information on your credit file having to be correct under the data protection act it will have to come off.

 

You need to state all this in your complaint. As you have sent it give them a ring in a few days saying that complaint is now irrelevant and can they ignore it, then simply do another.

[Jamesx81x]

As for how much charges you can claim, send them a subject access request which will produce all your statements for the last 6 years

[BRIGADIER2JCS]

The SAR costs £10 send unsigned postal order they have 40 days to reply, have a look at the templates in the CAG library

[tomlittley]

As always, top advise guys, thank you. Could you tell me do I hold of from the FOS untill I've SAR Captial One?

[BRIGADIER2JCS]

Yes the SAR may well give you more to go on,and you may be able to get

a final response letter from them, which is good as it shows FOS you have made

every effort to resolve the matter.

[tomlittley]

Hi All

 

Quick update, SAR sent last week, response from Cap1 is to say the've sent their "final response" so will not be dealing with my request(In so many words) Didn't send me back my tenner though. Of to the FOS I think.

 

Cheers

 

Tom

[BRIGADIER2JCS]

Final response so complaints to all the regulators now!!!!

[Jamesx81x]

Are you saying they stated they will not be dealing with a SAR Request?

[Jamesx81x]

Biggest load of tosh i have heard.

 

You need to send them a further letter informing them they cannot choose not to act on a Subject Access Request as it is your right under the Data Protection Act.

 

Inform them if they fail to comply then you will take legal action against them for the breach.

 

Taken from ICO Website:

 

What orders can the court make?

If a court is satisfied that an organisation has not dealt with a subject access request in line with the Act, the court can order them to comply. The court also has the power to award compensation.

 

Furthermore inform them that their 40 days started from when they received the original request!

[tomlittley]

Sorry peeps I've been at the idiot pills, just read the letter again from Captial One and their response is in relation to a previous "Chase up" letter I sent them and not my SAR request. Just being send so many letter I have got a little confused. my bad. I await their response to the SAR

[tomlittley]

Hi All, Just received my SAR which made very interesting reading. Charges amount to £390.00 on a £300.00 credit limit, they must of seen me coming! FOS dealing with charges and refund; but I don't think they will deal with the incorrect amount entered on my credit report. What I have noticed from the SAR is that the default was entered on the 12/01/2007 for £460.00; then on the 14/02/2007 I made a payment of £368.55 which cleared the balance. £92.14 is listed as MISC OTHER FEE REFUND. So does this make the default amount incorrect by their own admission? I was going to send all information to the ICO and the CRA's to once again ask for this entry to be deleted, feeling wery now!

 

Thanks

 

Tom

[BRIGADIER2JCS]

Taht looks like a good result charges refunded balance zero.

 

You can write to the CRA and ask for the default to be removed, they will contact the creditor

for you to get leave to remove it, they may or may not agree.

 

Brig.