Removing a default notice with Capital One

[ben24]

Good day everyone. I have recently had a default notice that has been applied to my credit file from Cap1 in relation to my credit card.

 

I have been working away from home recently and after returning home on the 24th June 2011, I read the various letters of correspondence from Cap1 and acted accordingly. The main letter of concern was the default notice dated 25th May 2011, which requested that a minimum payment of £264.98 was made within 30 days. As I was just within this deadline I did make an immediate payment from my HSBC current account for the TOTAL arrears outstanding amount of £536.00 which I assumed would then bring my account up to date and going forward I would then proactively make the payments when due in line with the statements sent.

However, I later received a letter confirming that you had proceeded to advance with the default notice so I did call their customers services centre to establish why this was the case.

Basically it seems that my payment of £536.00 only showed up in their account on the 28th June, which in turn was too late and you had already filed the default notice assuming no payment was to be made by my self. I was told that the default notice was issued on the 27th June just one day before my payment was physically received.

Knowing the long-term affects this may have on my credit rating, I would appreciate it if you think I have any room to argue this decision and look at getting this default notice removed?

 

 

Would it be worth just writing to them explaining the situation from my point of view in the hope that they can emphasise with the fact the funds only appeared a day later.

[rebel11]

Hi ben

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Thread moved.

[BRIGADIER2JCS]

Hi ben

 

 

 

 

 

Welcome to CAG

 

 

 

 

The guys will be happy to advise as soon as they are available.

 

Thread moved.

 

Hi Ben,

 

 

You will need I think to make a formal complaint to the bank

regarding the default and the payment being received 1 day late, the CRA's

can only remove with permission from the bank.

I think this may be unfair as the banking system allows

the receiving bank to see ''pending'' debits and credits to accounts probably 12 -24 hours

before they are posted on to you account.

 

Brig.

[caspercat1]

Hi, did you managed to get this removed? since I doubt that they will do it. I was advised to launch a claim for unfair charges and as part of the resolution make the default removal a condition of settlement it. this way you have some leverage to get there attention.

[BRIGADIER2JCS]

There is some argument in

and around the '' bargaining''

for default removal, I have

dealt with a case that involved

an F&F with the default to be removed

but there was a another matter involved

requiring the need of judicial intervention

when the judge saw the agreement to

remove the default he would not allow

it as the account would not show the

true and accurate status of the account.

[caspercat1]

BRIGADIER2JCS,

 

based on that the best scenario is to negotiate but keep out of courts. I guess the card providers are going to be aware of that judgement so best course of action is to push hard, negotiate hard and make yourself be a pain in the butt and in the end compromise on some of the unlawful fees in favour of removing the default.

[BRIGADIER2JCS]

I guess so,as the case was in chambers

and not liable to become case law it affects

nothing, but I think some of the judiciary

may look at settlements put before a court

quite carefully, this may affect some deals

say made in the granting of a Tomlin order.

Brig.