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

[elizabeth1]

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?

 

 

Do you know I had never considered the "Markers" till reading this - it's a nasty trick isn't it?

 

I don't know how or whether arguing with the CRA's about it would help as they seem to side with the companies writing the data? Seems these companies just write to cause us problems anyway as a spiteful measure? They want it all their own way - even when they are so obviously wrong?

 

I will make sure when my Cap1 stuff comes to AQ hearing next month that I clearly state I want the "ADVERSE marker data" and the default removing as I am not leaving them opportunity to just remove the default and leave the markers!! What a sly trick?

[doo]

Notty, did you include anything in your POC about the removal of all negative information?

[Notty]

Hi Doo

 

I have just posted a thread on yours. Yes Doo it was part of the POC the default removal and any adverse credit. So not sure what I can do next?

[doo]

Well surely they have not fulfilled the claim, have you rung the court and asked for advice, I haven't reached this stage yet - is your claim still open at the court or have you let them know it has been concluded.

[Notty]

Hi Doo

 

Yes it is still open although they have paid the money and removed the default but I have'nt written to the court yet to say its settled. I did ring the court and they didnt have a clue and were not interested.

[doo]

Notty will post on your thread, I think it will be easier

[TANZARELLI]

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?

 

That would be this I beleive you are refering to liz

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/5078-10-data-protection-act.html

 

Tanz

[TANZARELLI]

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?

 

Notty,

 

I had some stuff on my credit file from call credit and it also still included the default.

 

They did say however that it may still be in the system so will be ringing them tomorrow to ask about it.

 

Will post here if I have any news.

 

Tanz

[elizabeth1]

That would be this I beleive you are refering to liz

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/5078-10-data-protection-act.html

 

Tanz

 

 

Tanz - yes this was the template relating to this - but I am sure I read a thread discussing this too. Yhanks - I am not sure if it will help anyone by opting out etc.. stopping the CRA's processing data - it was just a thought.

[archer_66]

yes im trying this one.the companies have no agreement so im reminding them that no data should be transmitted and saying they do not have permission to do so.i shall be checking in about 3 weeks.just have to wait and see

[smel24]

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

 

Tanz,

 

I don't know if this will help on your Vodafone "default" but I had one from Orange and when I sent a CCA request to Orange they were adament they had not put one there. So I called the CRA it was showing on and explained that I had it in writing that Orange did not put one on and they explained that it was actually "deliquent" but reads as "default" (oh well that's okay then)!!!

Anyway, this didn't really answer my question and I didn't know what move to take next so I carried on with Cap One. THEN, when I got my new credit reports after the Cap One win Orange didn't show as default OR deliquent on any of the three reports!

So maybe you could try this route of getting Vodafone to out in writing they didn't default then explain to the CRA - and possibly it will dissappear like mine did?!

 

Oh and Black Horse are G*ts. My boyf has got a default with them too and they actually pulled out an original copy of the default - argghh!

 

Smel

[TANZARELLI]

Cheers smel

 

Will look into that.

 

Tanz

[corazon116]

Hi all,

 

Not sure where to post this question and didn't really want to start a new post so i thought i would plonk it here.

 

I have already won a case against NatWest (current account) for £1667 (funnily enough they paid up on the third letter i sent) so i have started on the credit cards.

 

I have sent the "Preliminary approach for repayment" letter to Capital One requesting an answer within 14 days and today i received a letter from them saying:

 

"It is going to take us a little time to look into your situation and come back with a detailed response... Blah Blah Blah ...We'll do everything we can to get and answer to you within four weeks"

 

Are they allowed to do this? Should i send another letter to them saying i want it resolved within 14 days or i will proceed with a court hearing?

 

The thing i find the funniest is that i have a £200 credit card and they owe me £320 in charges!!!

[philread1]

Hello Corazon

 

The most important thing is to stick to your timetable not theirs!!!!

 

The letters these financial institutions send out in reply to our requests all seem to go along the same lines, they are all pretty much computer generated, bog standard replies just wanting you to stop you in your tracks and forget about it!!!!!!!

 

When the time comes to send in your Letter Before Action, send it, and when the time comes to submit your claim, get it submitted! Only then will they sit up and take you serious!

 

Phil:)

[ammani]

Hello Tanzarelli,

i am just starting a claim with Cap One, for charges and default removal, and was sent to your thread by Doo. Congratulations on your getting your default removed and your charges refunded, you deserve it after all the hard work you have put in, for which i am very grateful, as some of your letters have been an inspiration and great help to me.Thank you. Not wishing to hijack your thread, i wonder if you would be kind enough to cast your expert eye, over my thread, as my default occurred under very suspect circumstances, and i havnt a clue how to proceed with my Poc, as i didnt have any charges on my account at the time, as balance was only £42.00. Any advice would be most gratefully appreciated.My thread is 'Is this default valid' in Capital One section.Not sure how to add links, so hopefully this will be ok.

[doo]

Hey Tanz, if you have a minute let me know your thoughts. O/H's claim has not been acknowledged by Cap One, 14 days are up tomorrow, will leave it till Wednesday but am not sure whether to nudge them or go for default as this claim also involves default removal, not sure what happens if I go for default in regard to getting default removed. Have you any ideas?

[TANZARELLI]

As far as I know a default is a default so if they fail to acknowledge and you obtain the default you win. However I would not be surprised if they still enter late. This is quite common.

 

Tanz

[TANZARELLI]

Hi all,

Just to update. I am due to be in court on 18th May 2pm. Even though Cap One agreed to remove the defaults from my credit files, when I requested copies from the 3 main CRA’s it was still showing as a default on the Call Credit file.

For this reason I refused to cancel my claim. I also thought I’d try to see if I could get them to remove late markers, but they are claiming they have been added correctly, also that they were not included in my original statement of case. Having reviewed my POC I think they are right but hey it was worth a try.

I have just received a letter from Cap One which reads:

15th Mat 2007

Dear Mr Tanzarelli

Claim number 6WR03176

Thank you for your letter dated 2nd May 2007, the contents of which are noted.

I have considered your file and am able to see that we agreed to remove the default we had placed on your credit file in relation to the account you held with us (**************).

I have today spoken with a member of our Customer Contact Response department who deal with the removal of defaults and contacting the Credit Reference Agencies. We had contacted Call Credit along with Experian and Equifax to remove your default however it appears that during April Call Credit were not loading the information sent to them but has been removed as we agreed from Experian and Equifax.

We contacted Call Credit today with an urgent request to ensure that your default is removed. This has been completed today an I have enclosed an email from Call Credit, a Mr Dennis Murray, to evidence that they have removed the default. This should show on your credit file immediately.

In relation to the late marks, we did not agree to remove the late marks which are on your credit file. This was not part of your original claim and on that basis we are not prepared to remove the marks. We are also not prepared to remove them as they are an accurate reflection of how you managed your account.

I have considered your statements and for the 34 months you held your account with us before it had defaulted, in 15 of those months you made no payment at all to your account. These are the late marks which are on your credit file. I have calculated your statements by removing the fees and each month you still had a genuine balance of purchase transactions and for this balance a minimum fee needed to be made. As you made no attempt to make any payment in 15 of the 34 months your account was open the marks are an accurate reflection of this.

I have noted that you stated in your letter of 2nd May 2007 that you will not discontinue your claim until the default and late markers are removed. We are prepared to attend the Hearing on the 18th May 2007 to defend the claim on the basis that we have settled your claim in that we have paid the monetary amount claimed and removed the default however we are not prepared to remove the late marks as they did not form part of the original Statement of Case and they are correct for the reasons detailed within the above paragraph.

If you are content from our reasoning that we have in fact settled your claim and are prepared to discontinue the claim prior to the Hearing I would be grateful if you could inform both us and the Court of this as soon as possible.

Carolyn Parsons

Litigation Paralegal

For and on behalf of Capital One Bank (Europe PLC) Direct Dial 0115 8436199

The email mentioned above reads

From Cap One to Call Credit:

Hi

I need a default removed as soon as possible due to a complaint that is due to be aired in court, this coming Thursday (funny thing here is its not Thursday its Friday PMSL)

The account number is ************* and the card holder’s name is Mr Tanzarelli resident at ***************************************.

Due to the urgency of this request, can this be processed as soon as possible and confirmation sent by return to me.

All the ‘D’s need to be changed to 3/BB and the settlement date 06/07/2006.

Any problems with this request, please let me know by return.

Maud O’Loughlin

………………………………………………………………………………………………..

Above this email was a response from Dennis Murray at Call Credit which reads:

Hi Maud, this has now been done for you, because of the nature of the situation, can you please check the account to ensure it meets your requirements.

Kind regards, Dennis.

There was then another email sent to Carolyn Parsons from Maud O’Loughlin which reads:

Confirmation as requested and I have checked and there is no default at all.

Thank You

Maud

With this in mind and due to them actually now agreeing to remove the default, I am going to withdraw my claim as I don't think I would seriously acheive anything by attending. Also due to the fact that I only sent a couple of letters in as my bundle because It was pretty much settled and wanted to save on the postage.

 

So you could say this is finnaly done and dusted. 2 day prior to court.

 

A lesson to be learned is check out what they say they are doing or have done. Only when you are satisfied, withdraw your claim.

 

The End.................................................

[archer_66]

congrats tanz well done!

talk about long and drawn out!!

[lallybells]

On the 10th October I then recieved a letter from Capital One which said the following:

 

Dear Mr Tanz

 

Thank you for taking the time to write to us about the fees we've added to your account. I understand that you think these fees are unlawful and I'm sorry you feel this way. (are you really?)

 

To explain, we automatically added late payment fees if your payment was missed, arrived late or wasn't enough to cover the minimum payment. We also added overlimit fees if your balance went over your agreed credit limit, which was £400. (no s**t sherlock, funny thing is that my account/card would not let me go over the limit as it would decline this if used in a shop, and it would not have let me take out money from a cash machine either. So this means that the only way it could have gone over the limit is because you have added unlawful fees to my account)

When we opened your account in February 2003, we sent you a credit canrd agreement which stated these fees. By signing and returning this to us, you agreed to the terms and conditions for the account. (i didn't sign anything that said you could break the law and slate my character adversly though did I?)

As you're probably aware the Office of Fair Trading are not challenging the right of Banks to charge default fees, but merely the level of those fees. (Well set them at about 50p and we wouldn't be in this situation now would we!!!!) Although we feel £20 is a just fee, we have reduced our charges to £12 so we are in line with our competitors. (still not good enough i'm afraid, talk to the hand)

I've reviewed your account and as a matter of goodwill, i'd like to reduce the fees we've added to your account to £12. So I can do these refunds totalling £328, please sign and return the settlement form i've included. Once I get it back i'll add these refunds to your account. (no thanks i'll wait for the lot to be refunded and the default to be removed.)

I'll then contact the agency thats looking after your account and adevise them of the new balance. (well considering its still you that won't be hard, as theres only one diget difference in the postcode)

You also asked me to remove the default notice from your credit file. We have to record accurate information with credit referece agencies, and as the default was recorded correctly I can't remove this. (I beg to differ as its your fault its there anyway, so we'll have to wait and see about this one)

I hope I've explained things clearly and you'r happy with the steps I've taken. (No not in the slightest see you in court, well prob not as you'll bottle it prior to this like all the others) However, if you have any further questions please write back within four weeks. My address is in the leaflet I've included, which also explains our complaints procedure. If I don't hear from you , i'll consider that you're happy with my response and that your complaint is closed. (Oh you'll hear from me! Oh and by the way this is my timetable not yours)

Yours sincerely

 

Robert Udy

Executive Office Manager

 

Usual templated sh*t I beleive.

 

The next day I recieved another letter from Alex Mathews which was the same as the first two he'd previously sent. But i'd already sent him the following on the 5th Oct 2006 so I'm just ignoring him by now:

 

Debitas Legal Services

PO Box 6459,

Nottingham

NG23FG

 

NOTICE OF DISPUTE

Re Account No. **** **** **** ****

5th October 2006

 

Dear Alex Mathews,

 

Thank you for your letter dated 27th September 2006, in which you enclosed copies of my statements from Capital One from 8th March 2003 - 20th September 2006.

 

In your letter you made reference to a balance, which you say is outstanding for £738.22.

 

I am currently in dispute with Capital One Bank, as I believe they have unlawfully levied penalty charges to my account during the period mentioned above. The amount that I have requested the refund to me is £820.00. (Even though I'm sure you already know this) I have given them 14 days to refund this amount to my account and if they don't then I will be filing a claim through the County Courts.

 

In addition to this I have asked them to remove the default notice they have entered against my credit record.

 

I am enclosing a copy of the letter which I sent to Capital One for your information.

 

I am happy to discuss this with you further but would suggest that you contact them in relation to this matter, as it was they who sold the account to yourselves.

 

Yours faithfully,

 

Tanz

 

Hi,

I'm trying to claim back charges against cap1, and the letter they sent you was vv similar to mine, they have offered me £370 as a good will gesture!!! the actual amount I wanted to claim back was £954, I am also hoping to claim back interest, which I read on Motley Fool, and also included this sum in my letter. I am not sure if that sum was correct so I asked them how much they have calculated it at, and they have refused to tell me as it it is private business information.

I'm not settling with what they have offered, any advice??

Lallybells

[archer_66]

if you go in the templates library there are rejection letters for part settlement i had the same problem

[lallybells]

Thanks Archer,

 

Also they said I had defaults, but I never received notice of these. My friend just had a look at my statements also, and she said that they allowed me to activate and use my card, before my 18th birthday! Me being me never realised, she said maybe I could claim back the balance as I was not 18! Any ideas on this anyone??

[archer_66]

im not sure on that one hopefully someone else could probably though? i know u arent allowed credit til you are 18 but not sure on what happens though??? sorry

if you wanted defaults removed you must state it in your letters when you ask for the charges back.have you actually checked your credit record? im sure they are supposed to send you a letter telling you about the defaults?.....

[TANZARELLI]

Include default removal in your prelim, LBA and POC. Also request a CCA (Copy Credit Agreement), if you have been given credit and you can show that the DOB you supplied made you under the age of 18 when they issued you credit it may mean that this is unlawful on their part. I am not an expert on this so check it out with BF or Dave (Admin).

[TANZARELLI]

Just phoned Carolyn Parsons and agreed to email her a copy of the letter to the court. Added a quick note to acompany the letter which read:

 

Hi Carolyn,

 

I am enclosing, as promised a copy of the letter to Worcester County Court, which I withdraw my claim. I will send a signed copy of this letter to yourself via standard post to the Trent House, Station Street address at the top of you last letter of 15 May 2007.

 

Thank you for your assistance in this matter, and hopefully Capital One can avoid similar actions in the future by reducing its late payment and over limit fees to a level which would be proportionate to your actual liquidated losses, somewhere around the 50p mark would be a good place to start. This would save us all a lot of time and trouble and would avoid wasting the courts valuable time.

 

Regards

 

Lol one last dig. PMSL