Capital one - Incorrect data / over charged interest / Default amount incorrect

[RossW]

Hi All,

 

Slightly odd question, have looked though the forum but cant seem to find anything on it.

 

if the data provided to 3rd parties about you by your credit card company is factually incorrect, are they in breach of the DPA or CCA, If so do you know what section?

 

Also who is responsible for ensuring the accruacy of the data displayed on the CRA, the supplier or the CRA?

 

 

Ross

[dx100uk]

both

 

whats the issue please

 

dx

[BRIGADIER2JCS]

The Information Commissioners Office and the Dept. of Business & Skills.

 

 

The CRAs rely on the honesty / accuracy of data supplied by creditors etc.

[RossW]

Capital one have supplied factually incorrect information to the CRA

Default ammount is incorrect (£1 more than settlement figure I received )

The settlement date has been supplied wrong.

 

I have contacted them, informed them of there mistake and they won't change it.

 

Also contacted the CRA who looked in to it, and capital one replied saying that "all information supplied is correct".

 

When I have evidence it's not.(bank statmebts, corrosponace from capital one).

[BRIGADIER2JCS]

You must take this up with the Data Controller at Cap 1 as a formal complaint send all the "evidence " you have including the screen print of the CRA file.

 

 

It's hard to see that this would be affecting your credit profile unless the settlement date is vastly incorrect.

[RossW]

Have Goven them 3 chances to fix this issue, which is including the wrong APR, over charging of interest. Processing data which is false.

 

Would it be unfair to skip the FOS part and take direct court action

 

 

Thanks

[BRIGADIER2JCS]

I think you would be best reporting to FOS as if this has to go to litigation its decision will give you some idea as to success of court action.

[RossW]

Hi everybody,

 

I'm after some advice regarding this hideous company.

 

Back in 2011 i received a notice to default letter, believed i paid the balance in full straight away.

 

My credit file has a default date registered for the 14.09.2011 for £314 with a settled date of the same date.

 

I never received any further correspondence from them after this point, no 'you've been defaulted' letters, nothing.

 

Apparently, I never paid this balance on that date, according to them i paid it on the 31.01.2013 (Yet my credit file has the date of the 14.08.2011).

I've contacted the CRAs telling them that the data is wrong, The response from capital one was that ' all the data is correct ', meaning the settlement date would stand?

 

It was also pointed out that the default amount was wrong, because they had over charged interest between April 2011 and April 2012 (The account was refunded this, 96pence).

 

So id like some advice on what todo as i've complained about this and its on going, but i thought id get some advice in to the following:

 

1. Reporting incorrect data to the CRAs (Dates, Amounts).

2. Overcharging interest.

 

This matter is being delt with by somebody at the 'Executive Response Center'

 

I'm looking for some advice as to if any what rules/guidelines/legislation they have broken, As i have a feeling this will be going to court,

 

Ideally id like them to remove any trace of themselves from my credit file - as they clearly cant handle my data in an accurate manner.

 

Sorry i've i have rambled,

 

R

[RossW]

One more thing, can you add charges once the default has been registered? Default register date on CRAs is £290, Settlement was £313, would also be worth pointing out that the credit limit was £200.

[Guest]

one option is to involve the ICO

also, a notice of correction of wrong info which could involve the ico eg #4 http://www.consumeractiongroup.co.uk/forum/showthread.php?323570-Default-Info

a default date should not be 'renewed'.

was the default legit in the first place seeing as you say you paid the 'arrears' in time?

some ICO default info http://www.scoronline.co.uk/files/sc...ment_final.pdf

[RossW]

The default wasn't correct in its entirety, it was caused by a previous late payment fee which took the card over its limit, which induced another fee and so on.

 

I paid the full balance and closed the account as soon as i received the notice of default warning letter, I was also over charged interest, surely thats got to be a breach of the CCA or something?

[Guest]

as per my post, complain, involve the ico? if no joy from their 'exec response'

[RossW]

Thanks ford, I will wait for there final response before taking it to another level, Are you aware if I'm still able to claim back CC charges?

[Guest]

possibly. i think it is the ico or oft guide that says that where there is arrears/default solely due to charges then it shouldn't be. maybe see what their 'exec' comes back with, if no joy take things further?

[RossW]

Many thanks,

 

I have requested a SAR so will be able to see what comes back,

 

I must admit, the exec did sound like he was on work experiance, had to go away and check a lot of stuff with a co workers

[BRIGADIER2JCS]

ICO Guidance 2014.

A default should not be places IF The default sum is made up Solely of fees and charges.

[Guest]

cheers brig

 

ross, is it in complaint atm with them?

[RossW]

cheers brig

 

ross, is it in complaint atm with them?

 

The origanal issue is, I have a SAR request due to arrive this week, I will be adding the charges to the complaint too.

[Guest]

did you get an actual formal default notice? presume this is re a cred card?

[RossW]

Nope, no paper work at all hence the sar request, even if they did send one it would be wrong as they over charged interest for 12months. Just a complete show of incompetence from them

[Guest]

looking good in yr favour? in any event a formal def notice, if applicable, is required prior to any registered default as it gives the opp for any default to be remedied.

note also poss compensation re damages re credit file re an 'unlawful' default.

[RossW]

Well, little update.

 

SAR request came, confirms that the default was incorrectly filed (wrong amount )

 

The sting in the tail is, and I really do need some advice on this... I receieved somebody elses SAR request... I will dispose of it sercurely and call the guy, but what do I do now ??

 

To confirm , o received two sar requests, mine and somebody elses

[Guest]

not entirely sure, could also informally check with the ICO see what they think should do?

any event, a complaint to the creditor by you both. both should be entitled to compensation from the creditor (the ICO doesnt award comp to individuals, but they can fine and/or reprimand co's).

this incident should put cred further on the back foot!

[BRIGADIER2JCS]

Well, little update.

 

SAR request came, confirms that the default was incorrectly filed (wrong amount )

 

The sting in the tail is, and I really do need some advice on this... I receieved somebody elses SAR request... I will dispose of it sercurely and call the guy, but what do I do now ??

 

 

To confirm , o received two sar requests, mine and somebody elses

 

 

Are you saying you had your data in full plus a 3rd parties data?

 

 

Do not dispose of it, contact the Data Controller at Capone in writing and infirm them of the serious breach of the DPA and let then arrange to retrieve the data.

[RossW]

Are you saying you had your data in full plus a 3rd parties data?

 

 

Do not dispose of it, contact the Data Controller at Capone in writing and infirm them of the serious breach of the DPA and let then arrange to retrieve the data.

 

Exactly that, my full SAR plus another individuals SAR