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Hi

 

I recently paid off a default on a Capital One credit card although I was disputing the amount as I need to obtain a loan from elsewhere.

 

Long story short:

I had a £300 limit, thought I had removed the regular payments from it but hadn't,

a forgotten regular bill kept being charged to the card and

 

as a result, my balance ballooned from £250 to almost £800.

 

I spoke with the god-awful customer service team who told me (and I quote)

" your credit limit is a guideline only"

when I asked if I could go buy a Ferrari on a £300 limited card, the operator replied "yes".

 

So I had a few back and forth's with Cap One culminating in a stalemate of two years

- they chased me, I ignored them explaining regularly that I would only deal with them when they explain how £300 was allowed to get to £800

with no notification or rejection of payments.

 

I eventually paid the balance to try to end the situation and four calls a day from Fredricksons despite being really angry.

 

As a result I have a default notice on my credit file and a score on Noddle of 1/5 despite paying everything else perfectly by DD for my entire 35 years on this planet.

 

I want this unfair default off my file pronto as I need to re-mortgage inside the 6 year time it will take to leave my account.

 

Talking to Capital One is a complete waste of time and I can't help thinking that writing to them is a waste too.

 

Noddle/Experian etc say they won't put a notice of correction on there because ultimately, its my fault for not checking my balance and to some extent, I accept this.

 

So to my question:

 

Can I use the data protection act to remove the default from my credit file?

When I signed up to my account, I agreed to let them register information on me via credit referencing agencies.

 

What will happen if I remove this permission along with retrospective permission,

which I understand is my right to do? Anyone who has done this, I'd appreciate it.

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You might want to make a formal complaint to their Head office.

 

http://www.consumeractiongroup.co.uk/forum/content.php?834-Fair-Treatment-for-Credit-Card-Holders-and-Borrowers

 

First of all, have a read of the article linked above and see if there is anything that applies. .

 

I am assuming they also added default charges to your account - those are reclaimable.

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Uploading documents to CAG ** Instructions **

 

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

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BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Would the default have been registered without the charges? How much was the actual amount you owed BEFORE any charges were applied?

 

If the default is made up of charges then you could contest it. If not, then the default is fair and an accurate record of the standing of the account.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks for that, I will have a read through :) Is the DPA an option if letters and complaints don't work? Thanks :)

 

TBH, I really don't know. I have attached the Information Commissioner's guidance on Defaults, I don't know if that will have any answers for you.

 

 

[ATTACH=CONFIG]45587[/ATTACH]

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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One of the problems I have is that the account was online only and as soon as the account was passed to Fredricksons, I lost access to everything. I will ask for the statements of how much they charged me in default charges when I complain, out of interest to see what they have had out of me. I think there is a fair bit to trawl through on here to see how to complain properly which I will read :) I'd forgo the money if I could bash out a quick letter to all the credit reference agencies just banning them from recording my data - problem solved surely as the default is gone, one way or another?

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Sounds like you need to SAR capone. It's worth asking them first though as a SAR costs a tenner. But be ready to pay that money if they dont cooperate.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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A SAR is a legal request for any and all info they might hold on you. If theres something you want specifically, make sure you name it in the sar, as some creditors will not fully comply with the request, but they must send you the specific info you asked for.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I think I will try both approaches...one to get my default money back and the other just to see if the DPA approach works. I'll make sure I'm fool proof on my SAR, although Cap One seem to be staffed by some form of life form below a fool.

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sar first

 

get all the statements.

 

where these late/over markers or was a real default notice was sent under the CCA act?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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