Capital One

[hayley]

Good Afternoon

 

I was just wondering if anyone could give me a few answers. I had a Capital One Credit Card around 2005, the credit limit was for £200, I got into a bit of financial difficulty and struggled to pay, resulting in a default on my Credit file. In 2007, I sent off an SAR to Capital One and tried reclaiming the charges, I cant remeber exactly how much they come to but I know they offered me £200 refund, I accepted this which took the debt back down to around £300 it was only £200 to begin with but with charges and interest it mounted up.

 

About a month after accepting the refund of charges Capital one sold the debt, but they never removed the refund of charges, and silly me lost the letter as proof of this so there was nothing I could do. So to cut a long story short the debt was passed to numerous dca's adding more charges over the years. I have always made payments of £5/10 every month but still owe a few hundred pound.

 

I just need to know

 

1. If I sent off snother SAR to the current DCA would they be able to sent me all the info that I would have recieved in my first SAR in 2007? e.g. statements with charges on etc

 

2. Does a DCA have to have proof of postage for a default letter? and if they do and cant provide it could I ask for the default to be removed?

 

Thanks in advance

 

Hayley

[silverfox1961]

Hi

1 Pointless sending a DCA a SAR as they won't have all the info Cap1 will have so send another SAR to Cap1 but this time stipulate everything you want

 

2 DCAs don't file defaults (normally). Usually, the original creditor files the default and when the DCA buys the debt, they replace the original creditors name with their own. When you get your SAR back from Cap1, it should include all the account history and should show when the DN was issued.

 

The OC does not have to prove the DN was posted, only that it was issued and it should show on the account history. As for getting it removed, don't hold your breath

[hayley]

Hi

1 Pointless sending a DCA a SAR as they won't have all the info Cap1 will have so send another SAR to Cap1 but this time stipulate everything you want

 

2 DCAs don't file defaults (normally). Usually, the original creditor files the default and when the DCA buys the debt, they replace the original creditors name with their own. When you get your SAR back from Cap1, it should include all the account history and should show when the DN was issued.

 

The OC does not have to prove the DN was posted, only that it was issued and it should show on the account history. As for getting it removed, don't hold your breath

 

Thank you for your advice.

 

If Capital One has sold the debt to a DCA would they still hold all the infomation, and if they do send it who would I write to regarding reclaiming the charges put on the account, Capital One or the DCA?

 

Cheers

 

Hayley

[silverfox1961]

Any charges reclaim come from the OC, not the DCA

 

When a debt is sold, the debt buyer is given the absolute minimum of information about the debt so no point contacting them. The OC has to keep all relevant information for at least 5 years after the account is closed.

 

Get the SAR sent and once you have the info, we can give you more info about reclaiming the charges

[hayley]

Any charges reclaim come from the OC, not the DCA

 

When a debt is sold, the debt buyer is given the absolute minimum of information about the debt so no point contacting them. The OC has to keep all relevant information for at least 5 years after the account is closed.

 

Get the SAR sent and once you have the info, we can give you more info about reclaiming the charges

 

Ok Thank you.

[hayley]

Good afternoon all

 

Right, I finally recieved my SAR back from Capital one and am a little confused.

 

I have gone through all the statements and made up a speadsheet

 

From Dec 04 - April 07 my debits were £1384.18 and my credits were £1598.18, so my credits were more than my debits (by £214), they sold the debt to Arrow on 19 April for £398.20.

 

I then looked closely through the statements provided and up until August 06 my debits were £1344.18 and my credits were £651.91 then an additional £40.00 was added for overlimit fees and late payment fee so that left me owing £732.27.

 

Then in September 06 £732.20 was credited to my account the breakdown was

 

£33.41 insurance charge off

£60.29 interest charge off

£202.56 deliquency charge off

£435.94 other fees charge off

 

my October statement then started with a balance of £732.20. Also they defaulted me on 2/9/06

 

I really dont understand what they have done, in November 2006 they also credited me £200 for late refund fee and overlimit fee refund. Can anyone offer some advice on what they may have done.

 

Many thanks

 

Hayley