Where do I start?

[whynot]

Hi all.

 

I had a capital one credit card in 2008. Checking my credit file shows me with a default in January 2009.

The original limit was only £100 and I was defaulted for £275. I had moved addresses and forgot all about the credit card. As soon as they wrote to me I paid the debt off immediately, but I was already in default at this time.

 

The problem I have is I have lived with a bad credit rating because of the default - everything else is all paid on time and perfect. I cannot even move banks to get a better student account!

 

I have tried searching the forum but I keep getting confused as to where I should start in trying to get the default removed.

 

Should I SAR them first? Do I ask kindly if they will remove it as it was a stupidly low debt and was paid as soon as I knew about it? Do I argue that the charges are unfair and the defaulted ballance was unfair?

 

Can anyone point me in the right direction?

 

One last question, does the default get removed 6 years after it started (ie started 25/01/2009 so will be removed 24/01/2015) or from when it was settled which was July 2009, as they keep data on your file for six year?

[rebel11]

Hi whynot,

 

Welcome to CAG

 

I would send a SAR request, claim back all Penalty Charges with interest over 6 years plus with interest. Find out if they have Mis-sold PPI on that account, again claim back over 6 years plus with interest. Spreadsheets and templates can be found on this site. Then deal with the Default. Read 1,2 and 3 in my signature.

 

Please let us know how your problem has been resolved, it could help fellow Caggers.

[silverfox1961]

I agree with rebel. If it can be proved that the unfair charges resulted in the default, you should be able to get it removed however, by your own admission, you 'forgot' about the card. Failing to make your payments on time will result in a default being placed after 3 (or more) missed payments.

I take it you forgot to update your address with Cap1 as well?

[whynot]

I agree with rebel. If it can be proved that the unfair charges resulted in the default, you should be able to get it removed however, by your own admission, you 'forgot' about the card. Failing to make your payments on time will result in a default being placed after 3 (or more) missed payments.

I take it you forgot to update your address with Cap1 as well?

 

I did. Just totally forgot about it.

 

It's annoying I have missed out on all the best uni accounts and I am unable to even get a student credit card because of it. Yet, I have an ISA with the same bank and have 5 times the limit that the card would have!

 

It's also going to affect my potential employment when I leave uni next year. I am studying a degree in finance along with a professional qualification to be a financial advisor. I have noticed some employers run credit checks as part of the recruitment process.

 

All seems extreme for a tiny debt that was paid off at the quickest time available.

 

I am not sure I have all the details of the account as it was more than 3 years ago. I know CAPQUEST was who I paid the debt to. How should I go about getting account details needed to SAR capital one. Do I need to talk to CAPQUEST at all?

 

Thanks for the advice guys

[ims21]

Hi

 

There is a template for SAR in the CAG library, the link to which is at the top of every CAG page in green.

 

If you have the account number then give them that, if not just give them your full name and the address(es) you were living at while the account was live.

 

Cost is £10 and they will have 40 days to comply.

 

ims

[whynot]

Hi

 

There is a template for SAR in the CAG library, the link to which is at the top of every CAG page in green.

 

If you have the account number then give them that, if not just give them your full name and the address(es) you were living at while the account was live.

 

Cost is £10 and they will have 40 days to comply.

 

ims

 

Thank you. Turns out I have an old letter with my account number on.

 

Do you think if I do get my charges refunded I can argue that the data on my credit record is, and has been, incorrect for 4 years, and should be removed? Or would they just amend the details?\

 

I will repost in this thread once I get any paperwork back

[ims21]

If you can show that a default is as a DIRECT result of the charges then you may have a chance of getting it removed.

 

One step at a time though

 

ims

[havinastella]

Thank you. Turns out I have an old letter with my account number on.

 

Do you think if I do get my charges refunded I can argue that the data on my credit record is, and has been, incorrect for 4 years, and should be removed? Or would they just amend the details?\

 

I will repost in this thread once I get any paperwork back

 

You WILL have to issue court papers for the default removal with Capone, unless they have mellowed dramatically in the last year or so.

 

They normally pull out at the last minute and settle, but this will be a very slow and painful process.

 

Jogs