Capital one default removal help

[New money]

Dear Liam,

Thank you for your letter dated 23.01.13 (attached)

I do not believe you have addressed the issues I have highlighted. I am disputing the unfair default placed on my account of which was made up of unfair charges. At the time of you placing a default on my account I was owed £587.77 (for charges including interest). Without even taking the interest in to consideration my account was still in credit hence why no payment was made to you. I have attached a summary of the charges placed on my account for your perusal.

I have also attached a copy of my credit file on which inaccurate data is being reported. Below is a summary of the inaccurate data and why I believe this to be inaccurate.

July 2009 – 1 late payment recorded late on my credit file

Balance of the account £231.32 at that time I had been charged £264.00 in charges (+ interest due) hence account in credit

August 2009 – 2 payment late recorded late on my credit file

Balance of the account £260.66 at that time I had been charged £288.00 in charges (+ interest due) hence account in credit.

September 2009 – 3 payments recorded late on my credit file

Balance of the account £290.64 at that time I had been charged £312.00 in charges (+ interest due) hence account in credit

November 2009 – 1 payment recorded late on my credit file

Balance of the account £239.78 at that time I had been charged £360.00 in charges (+ interest due) hence account in credit

December 2009 – 2 payments recorded late on my credit file

Balance of the account £269.14 at that time I had been charged £384.00 in charges (+ interest due) hence account in credit

January 2010 – 3 payments recorded late on my file

Balance of the account £299.00 at that time I had been charged £396.00 in charges (+ interest due) hence account in credit

February 2010 – Account Defaulted

Balance of the account £323.30 at that time I had been charged £432.00 in charges (+ interest due) hence account in credit

From the by information I have presented to you its absolutely clear that this information has been inaccurately recorded against my fine and default has been recorded inaccurately.

To conclude the matter in a efficient manner for both parties I will waive my right to reimbursement of the charges if the date on my credit file has been amended within the next 14 days.

Failing which I will initiate legal proceedings to recover these costs and for the inaccurate information to be corrected.

I look forward to hearing from you

Kind Regards

[BRIGADIER2JCS]

Unless I'm loosing the plot here monthly payments are not ''optional'' on credit card accounts even if they are ''in credit'' so late or missed payment markers are correctly placed.

[New money]

ok granted letter may not be worded correctly any assistance on correct wording greastly appreciated

[New money]

true brigs not disputing that however hw do you make a monthly payment for a account which is in credit? if theres nt a balnce due in the 1st place what is the monthly payment due for your credit balance?

[BRIGADIER2JCS]

Do you mean there was no account useage and there was a positive amount paid into the account eg credit limit £200 amount paid in £400 so £200 of your money in the account so credit limit unused OR that you were within the credit limit, being within said limit does not mean payments are optional.

[New money]

no please ignore ive misunderstood. i was under the impression if every month you took away the charges balance from the account, if that put you in to credit it was incorrectly placed

[BRIGADIER2JCS]

No after each statement you will see credit available and even if you DO NOT use any of that available credit what you have used MUST still be paid for by the minimum payment OR more.

[New money]

understood thank u! any suggestions or help with drafting the reply or is it pointless

[BRIGADIER2JCS]

understood thank u! any suggestions or help with drafting the reply or is it pointless

 

That is going to take some thinking about, I''ll give it some thought over a couple of days and see what I can come up with.

[New money]

thanks brigs much appreciated

[dx100uk]

p'haps if the org reason for the removal was known, then a diff approach would have been recommended.

 

the situation now sits like this asfar as i see it:

 

on each month there was a marker placed on the account

as it appears now with hindsight, had previous PENALTY charges and the interest they accured not been there

then the markers would not of happened, as no debit balance would have existed , so no payment would have been needed.

THIS INFORMATION NEEDS CHECKING CAREFULLY.

 

if my surmission is correct, then in previous dealings here on CAG

CAP1 and other creditors, have, when the penalty charges & the interest they caused been reclaimed, removed said markers and defaults

 

i also think there is something yet to be discovered on the default issued on 26/02/2010

 

like for a start , how can as per the cra report, an account be updated, satisfied and defaulted ALL on the same date?

 

as you have had a cap1 sar return there should be a comms log

not just statements? or a systemlog

detailing there actions on the account

 

pages of what look like screnn dump with gobble-de-gook on then.

 

have you got those pages?

 

i think a default notice SHOULD have been issued

 

if the sum on that default notice contains PENALTY charges

then it is invalid

 

so atleast 2 things wrong with the default already.

and knowing cap1 well for that period

their dates were WRONG also they stated 14 days from the date of the letter NOT in the correct format of DD/MM/YYYY

 

there is also the issue surrounding there other letters

 

to mark you cra file [late/over] they must have been sending NOSIN letters for each one

 

and example is attached.

 

can hold on a reply till we have rubbed braincells please.

[New money]

I did not receive any of them notices nor did I receive a default notice from Capital One.I have not been sent a screen dump either all i was sent was the statements I posted.Do I need to go back to them and request this information?Thanks

[dx100uk]

you dont have to have received them

just confirm they were sent by notes

 

so you have no comms log with the sar?

showing manual interevention etc etc

dx

[New money]

No just the statements which I posted no other correspondence at all

[dx100uk]

did you actually SAR them with £10

 

dx

[New money]

No I just called up and requested statements

[dx100uk]

then thats not an SAR and they have no requirement to send them.

 

get an proper SAR done

 

dx

[New money]

OK i am in the process of requesting a sar.Do i send them a postal order for £10 or a cheque?Do you guys know what adress this needs to go to?

[dx100uk]

either will do.

 

address is in the stickies here

 

 

dx

[New money]

stickeis?

[Old Cogger]

t Capital One Bank (Europe) plc Trent House Station street Nottingham NG2 3HX

[BRIGADIER2JCS]

Mark cheque or PO on back and front '' for statutory fee only'' and keep a photocopy.

[caspercat1]

dx100uk

 

Just saw your comment on this post below and in a recent letter from CAPONE they also mentioned that had issued me with a similar letter stating 14 days and not a specific date

is this specific grounds to also challenge the validity of the default after I win my case on unfair charges

 

"so atleast 2 things wrong with the default already.

and knowing cap1 well for that period

their dates were WRONG also they stated 14 days from the date of the letter NOT in the correct format of DD/MM/YYYY"