Capital One Default - What to do?

[titan247]

Hi everyone @ CAG, first off as a new member, I would like to say thank you to everyone that takes the time and effort to keep this site going and full of such fantastic advice.

 

I’ve spent much of the last few days reading about other peoples experiences, and have just completed confusioned myself on what action to take. So I'd be very grateful to any help or advice from here.

 

My situation-

Default on my credit file registered under LOWELL PORTFOLIO I LTD (which relates to a Capital One Credit Card)

Date Account Opened - 17/06/2004

Date Defaulted - 15/12/2008

Default Balance - £5,701

 

I've had correspondance in the past from a variety of debt collectors regarding this but had ignored all letters etc. To the point now that i dont or very rarely receive anything.

 

After reading through this site the i've noticed that i can either (correct me if I'm wrong here); apply to have the default removed by asking them to provide a signed copy of my original credit agreement & the original default notice? or apply to have some of the late payment and interest charges refunded?

 

I would be very grateful for any help given

 

Thanks to all.

 

titan

[dx100uk]

when was YOUR last financial transaction

 

dx

[titan247]

Thanks for your reply d.

 

I am not too sure when my last transaction was, i have no statements for the account. But I would imagine that it was well before the default date of the 15/12/2008.

 

Should I contact them to get previous statements? who should I be dealing with, capital one or Lowell (the company that has registered the default on my credit file).

 

Thanks,

 

titan

[BRIGADIER2JCS]

Hi everyone @ CAG, first off as a new member, I would like to say thank you to everyone that takes the time and effort to keep this site going and full of such fantastic advice.

 

I’ve spent much of the last few days reading about other peoples experiences, and have just completed confusioned myself on what action to take. So I'd be very grateful to any help or advice from here.

 

My situation-

Default on my credit file registered under LOWELL PORTFOLIO I LTD (which relates to a Capital One Credit Card)

Date Account Opened - 17/06/2004

Date Defaulted - 15/12/2008

Default Balance - £5,701

 

I've had correspondance in the past from a variety of debt collectors regarding this but had ignored all letters etc. To the point now that i dont or very rarely receive anything.

 

After reading through this site the i've noticed that i can either (correct me if I'm wrong here); apply to have the default removed by asking them to provide a signed copy of my original credit agreement & the original default notice? or apply to have some of the late payment and interest charges refunded?

 

I would be very grateful for any help given

 

Thanks to all.

 

titan

 

Making a request for the agreement and DN will not result

in the default being removed.

You need to make A CCA request under the

Consumer Credit Act 1974 there is a statutory fee

of £1 for this and they have 12+2 days to comply.

Use the template drom the CAG lbrary.

[titan247]

Thanks brigadier,

 

Who should I send the CCA request to.. captial one, lowell or both?

[BRIGADIER2JCS]

Lowell. Always the DCA chasing the debt.

[dx100uk]

i would doubt it was lowlife

 

they've just brought the account from cap1

cap1 would have defaulted it

or the cra file systm if you got 6 markers

 

pers i'd sar cap1 and get reclaiming

 

if the PENALTY fees were the sole reason forthe markers

reclaim and they must be removed.

 

having or not a CCA means bugger all in regard to marking CRA's.

 

dx

[titan247]

when i click on the account status details on credit expert there is one red circle with an 8 in it

(when i hover the mouse over it it says "this was last updated on the 28/08/2011")

 

all previous months status codes have a green circle with a ? inside (when i hover the mouse over these it says "the lender has not been able to provide payment history for this month").

 

If I request capital one SAR? potentially what outcome will this have?

 

If I request a CCA? what outcome will this have?

 

Will either of these routes have a chance of getting the default removed from my credit file?

 

Thanks

 

titan

[dx100uk]

it wont hurt to do both CCA lowlife

SAR cap1

 

this will give you all the statements

so thus all the PENALTY charges

 

reclaim those and IF the PENALTY charges were the sole reason for the defaults

they they should be removed.

 

but its not guranteed

 

i would suspect the default is a rasult of several [6] no payment markers

these by the cra system become an 8 [default] on the 6th one and no further markers can be made.

 

i doubt a DN etc or the creditor was involved at all

 

very common.

 

can you tell us a wee bit more about your historic use of the card from birth.

 

dx

[titan247]

I signed up for the card in a shopping center when I was 20. At the time I was a student, they gave me a £5k overdraft (i think). To be honest I actually dont think I made one single repayment on the card at all. Although saying that I might have done now and again but I would imagine your correct in saying the default is in respect of several non-payments.

 

Do you think I have a chance of geting the default removed if they cant provide CCA?

 

Also this statu barred thing, does that apply from the default date or the date the last transaction on the card was (is this either by way of credit or debit)?

 

thanks

 

titan

[BRIGADIER2JCS]

No it wont get the deault removed

SB is from the date of the last missed

payment and or written acknowledgment.

[titan247]

Ok so my first actions so be:

 

Request CCA from Lowell

Request SAR from Capital One

 

Then to proceed from here I can either apply for:

 

SB (if the date of the last payment is in excess of 6years)

or

Reclaim the penalty charges (if a claim is successful here does the credit amount get deducted from the outstanding balance?)

 

One last thing in the library there are two SAR request templates (one is for debt and DCA, the other the reclaim penalty charges. which should i use?)

 

Thanks again guys, you have been most helpful

[Sb7]

Are you going to repay the amount owed? If not then just leave it, it wiill be removed from your credit file after 6 years and you can forget about it.

[BRIGADIER2JCS]

Debt and amend to suit.

[titan247]

No i was hoping to get the default removed if possible or at least give it a try. It will be removed by Dec 2014, which is another 2.5years away. To be honest its too far away for my current circumstances

[BRIGADIER2JCS]

The entries made on credit files MUST show an accurate

and up to date picture of the conduct of an account, most

defaults that I have helped people to remove have been

placed in breach of the DPA and or OFT Guidance such

as the default sum was made up solely of charges without

which the deafult would not have happened or defaults

that have not been placed timely ie later than 6 months

after the cause of action.

Even if this default is removed it is unlikely to rapidly

improve your chance of getting credit.

[digitize]

I also have a default on my credit file from Barclaycard and i cannot recollect ever receiving a copy of this.

I made a CCA request for a copy of the default notice and they replied that "they are not obliged to provide the information I have asked for"

 

Can they do this? Do they have to provide this by law?

[dx100uk]

I also have a default on my credit file from Barclaycard and i cannot recollect ever receiving a copy of this.

I made a CCA request for a copy of the default notice and they replied that "they are not obliged to provide the information I have asked for"

 

Can they do this? Do they have to provide this by law?

 

 

urm..... your other post is telling people how to get defaults removed

by going to a website....

 

now you are asking how to do it....

 

watching.

 

dx

[digitize]

The defaults that were removed from my file were done without question following a CCA request. A last one refuses to do so saying they are not obliged to provide this information. I had no follow up plan

[dx100uk]

urm ok

ok cant seehow a cca has anything to do with marking a credit file.

 

they dont need one to do so

dx