Tanzarelli v Cap One... £ + default **WON**

[RedDeath]

 

Cap one insist they have removed it however I want to check and the only way I can do this is to send for my credit files, then if it has been removed and only then am I going to cancel my claim, so got to get this sorted fairly quick.

 

Tanz

 

Credit Reports: Get your Credit Report from Experian UK

They have a free 31 day credit report. However it is not dynamic, that means that it will show the last update (today's date for arguement's sake) so if the Crap One's ammendments go through the next day its hard to tell. Not sure what their refresh rate is and if the 30 day trial covers that. Worth a shot anyway.

 

I think the whole process is done quickly, if Crap One have sent the data through then I see no reason why it shouldn't have been ammended instantaneously. Well that is if they really did send it.

 

Any idea what it means when it turns criminal?

[TUTTSI]

Tanz,

When my O/h spoke to Experian recently, as someone had tried to steal his identity they said it is taking 4-6 weeks to update files. The long and short of it was that someone tried to open an account at the Halifax in my o/h's name and with our address, when asked mothers maiden name and DOB they got that totally got it wrong, they were asked to bring in proof of the address, someone then phoned and said they had moved to Thamesmead.... somewhere I believe south of London, never been there in my life!!, any way his address details on the Experian files is showing that we are connected to that address, he is trying to get removed and this is taking a hell of a long time.

So I would imagine with you, it will take a few weeks yet, in the meantime don't tell the courts that the case has been settled..... IMHO

Charlie is beautifull - how old is she?

Regards

DS

 

ps Also, Experian say if you send them the letter from say in your case from Cap One saying that they have removed it they will get it done quicker.

[TANZARELLI]

Credit Reports: Get your Credit Report from Experian UK

They have a free 31 day credit report. However it is not dynamic, that means that it will show the last update (today's date for arguement's sake) so if the Crap One's ammendments go through the next day its hard to tell. Not sure what their refresh rate is and if the 30 day trial covers that. Worth a shot anyway.

 

I think the whole process is done quickly, if Crap One have sent the data through then I see no reason why it shouldn't have been ammended instantaneously. Well that is if they really did send it.

 

Any idea what it means when it turns criminal?

 

I was signed up to the Experian Site trial, then forgot to cancel and afer two months got another charge in my barclays account (which I have since closed) it was the only card which had visa electron on so it allowed me to do it, other than that if you dont have a card ie credit card you cant re-register.

 

I think you can then file complaints with the relevant reg bodies, poss even go to court for non-compliance. I will file a complaint to cap one who still haven't complied with mine and still owe me the £1 fee.

 

Not sure about the process for taking them to court but I would imagine it would be to get the judge to order them to comply. I wont be going down this route as they have agreed to the default removal. However I still want my £1 back from them, and am happy to just complain about them to the ICO etc.

 

This thread may shed some more light on the process for you: http://www.consumeractiongroup.co.uk/forum/general/33174-consumer-credit-act-agreements.html

 

HTH

 

Tanz

[RedDeath]

Cheers Tanz,

I'll have a scan through that link. In the meantime I better go and do something semi-constructive with my day.

[Guest Botsy]

Not sure if this is relevant now you may have had your reply but credit file requests should reach you within 7 days of you requesting it, I have done this 3 times in the last 6 months and I get them within 7 days every time.

 

When Barclaycard removed my default in January they assured me it would be removed within 48 hours as apparently they can do it straight away. It had been removed when I checked a week later.

 

I received a cheque from Crap 1 on the 7th April, but will not be cashing this until this last default is removed from my history. No doubt they will drag it out. I shall be updating the Cardiff County Court today to inform them that the claim is not settled.

 

Cheers

Botsy

[TANZARELLI]

Feel free to use anythin from this thread if it helps

 

Tanz

[Guest Botsy]

Cheers.

 

I really don't know where I woud be without this CAG website, it has changed my life and my husbands.

 

If I can get this last default removed I may be able to re-mortgage with a high street lender instead of a lender with charging high rates because we simply because of a couple of defaults.

 

Thanks again.

B

[TANZARELLI]

Hi all,

 

I am posting this as a word of warning really:

 

I have still not cancelled my court action against Capital One as I trust them as much as I trust loan sharks.

 

Following my celebrations of a few weeks ago, I recieved a letter on March 26 from them stating that they had contacted the Credit Reference Agencies Equifax, Experian, and Call Credit and asked them to remove the default from my credit file. They went on to say it would take 48 hours for this to show on my crdit file.

 

I wanted to check this out so recently I sent a copy credit file request to all three CRA's and recieve the first request back yesterday from Call Credit, which had a covering letter dated April 10.

 

Gues what is still showing? Yes you guessed it, the default and lots of negative info in relation to the account.

 

I will be dealing with this accordingly, however my point is, it is vital to not withdraw court action, as I haven't, prior to recieving and checking out, what the Banks and Credit Card companies say in their offers.

 

If I had of cancelled court action I would have now not had much bargaining power.

 

Trust your gut feelings not what the Banks say they are going to do.

 

Tanz

[doo]

Absolutely agree with everything you say Tanz, having had default removed am still waiting on negative info being removed - has not happened yet but am keeping an eye on my credit file, like you I do not trust them - glad I put extra bit in my POC just for protection just in case they backtrack on what they have told me.

[TUTTSI]

Hi Tanz that is absoultely awfull that they have not yet removed that DEFAULT, send a copy of Capital Ones letter where they confirmed that the Default removal was done to Experian with a covering letter, they will deal with it for you, see if that works. It could just be that they are also snowed under.

Keep us posted,

DS

[TANZARELLI]

Thanks will do.

[TANZARELLI]

Thanks for the anon click

[smel24]

Hi all,

 

I am posting this as a word of warning really:

 

I have still not cancelled my court action against Capital One as I trust them as much as I trust loan sharks.

 

Following my celebrations of a few weeks ago, I recieved a letter on March 26 from them stating that they had contacted the Credit Reference Agencies Equifax, Experian, and Call Credit and asked them to remove the default from my credit file. They went on to say it would take 48 hours for this to show on my crdit file.

 

I wanted to check this out so recently I sent a copy credit file request to all three CRA's and recieve the first request back yesterday from Call Credit, which had a covering letter dated April 10.

 

Gues what is still showing? Yes you guessed it, the default and lots of negative info in relation to the account.

 

I will be dealing with this accordingly, however my point is, it is vital to not withdraw court action, as I haven't, prior to recieving and checking out, what the Banks and Credit Card companies say in their offers.

 

If I had of cancelled court action I would have now not had much bargaining power.

 

Trust your gut feelings not what the Banks say they are going to do.

 

Tanz

 

I agree too, I didn't cancel my claim until I had all three credit files in my hand with no default against the Crap One account.

 

Tanz you're a good one at standing your ground!

[TANZARELLI]

Thanks smel, its just because I don't trust the Banks.

 

Tanz

[chocolatte]

Sorry guys if it's already here, but can I claim the 8% interest and the compound interest aswell?

Thx for help

[RedDeath]

Sorry guys if it's already here, but can I claim the 8% interest and the compound interest aswell?

Thx for help

 

In theory yes, in practice no as this could be deemed unfair enrichment.

[TANZARELLI]

Sorry guys if it's already here, but can I claim the 8% interest and the compound interest aswell?

Thx for help

 

No, you could as some have claim the debited interest (the interest they charge you on the unlawful charges) and then 8% stat interest.

 

Or debited interest and CI i would not then go for stat on top of that but it could be claimed in the alternative.

[sarah13]

excellent news- ,well done.

 

was referred here by dsilverstein. i have been settled money wise by abbey but am still being chased by moorcroft collections and also still have the default on experien. Orginal hearing was adjourned as we were negioting. of settlement- debt was retained by abbey (suposed to settle the moorcroft thing) and i was fowarded a cheque for the remaining. default was also suposed to be removed- althought i have no letter stating this. the adjourned hearing is 23rd April- next tues. Been in communication with abbey solicitor- expecting a call back today (they said- wont hold my breath) just wondered if you have any advice regarding this default removal? thanks in advance

 

my lengthy thread is here http://www.consumeractiongroup.co.uk/forum/abbey-cahoot-successes/22094-sarah-abbey.html#post739096

 

sarah x

[TANZARELLI]

Just had Equifax's credit file back and Capital One's default has been removed.

 

Result.

 

Just Experian's left to see now also need to contact Callcredit to see if it has been removed from there yet and then I can withdraw claim.

 

Happy days.

 

One thing that is annoying is that Black Horse and Vodafone are both showing as defaults. They will be next on my hit list.

 

Tanz

[elizabeth1]

Brilliant - hopefully they did the others too!!

 

But just make sure they do this before you let them off the hook.

 

So glad you are winning!!

[TUTTSI]

Hi Tanz, your almost there, and about time too. I have had a great result today I have a judgement against Barclays for being in breach of the Judges Orders and I got a settlement from HSBC on my GM Card.

DS

[TANZARELLI]

Brilliant - hopefully they did the others too!!

 

But just make sure they do this before you let them off the hook.

 

So glad you are winning!!

Thanks liz:D

 

Hi Tanz, your almost there, and about time too. I have had a great result today I have a judgement against Barclays for being in breach of the Judges Orders and I got a settlement from HSBC on my GM Card.

DS

CONGRATS ds

Really happy for you, well deserved. :D

[Notty]

Hi Tanz

 

Glad you got the default removed. Not sure if it was you that also had the adverse credit markers on your credit file. Cap One agreed to remove my default, which they have but I am left with a 6 and 5 on my credit file. I wrote to them on the 3rd April asking them to remove the credit markers but I havent heard a word. I have not notified the court yet but I dont know what to do know. They have refunded the charges and sent me the cheque for the balance. Do I have any other way of getting them to remove the markers?

 

Also although its not a Cap One query BOS have agreed to settle and paid the charges back from my mastercard. There is a balance left on the card of me owing £1000 which is fine but they have never mentioned the default removal. I had alreay requested judgement before they agreed to settle. So again they have settled and I have the judgement but I havent got the default removed.

 

Can anyone help with the above queries I am at a loss what to do next and I am desperate to get my new mortgage but cant with the default and credit markers on my file. Its seems as if once they settle the claim you are stuffed to get the default off!!

[elizabeth1]

Notty - I don't know whether withdrawing (opting out) from having your data processed by the CRA's would help? I did read in here that we do have a right to stop the CRA's processing data about us etc.. (can't remember where I read it though)

 

Seems the CRA's files are not the only place that loan companies look at about us etc.. so the data in the CRA files is only a small part of what they use when considering us for loans and mortgages?

[Notty]

Hi Elizabeth

 

Yes that is Surlybonds thread but not sure if it would work on Cap One as they have removed the default but not the markers. It is still adverse credit which wouldnt have been there is they hadnt have put on all of the charges? I am sure Tanz has had problems with the credit markers on his file so would be interested to ask him?