Losing a Cap One default from credit record

[mrsbadger]

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.

[citizenB]

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.

[mrsbadger]

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

[renegadeimp]

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.

[citizenB]

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]

[mrsbadger]

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?

[renegadeimp]

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.

[mrsbadger]

Cheers, I will have a read of that I might just give it a bash and see how I get on...possibly could save a LOT of time and effort

[renegadeimp]

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.

[mrsbadger]

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.

[dx100uk]

sar first

 

get all the statements.

 

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