Can I send Data Protection Request If I dont know Account Number

[tezviper]

Got my notification through from the court today, will be deemed served tomorrow and the have until the 15th March to respond.

Will keep you all posted.

 

TezViper

[doo]

And the chances of that are - zero.

[tezviper]

Recieved letter from local court today informing me that Cap One intend to defend the whole claim, they were deemed served on the 1st so they have til the 29th to file defence or settle in full. Just got to wait for a letter from them now with their improved offer.

 

TezViper

[doo]

keeping fingers crossed for you - I'm sure you will have a full settlement soon, keep us posted.

[tezviper]

Will do my friend, I also filed against Lloyds TSB on monday and due to file against halifax next friday unless They settle.

 

TezViper

[doo]

Halifax are a piece of cake, if you don't want the hassle of court claim give them a ring, have got two successful claims from halifax before LBA expired.

[tezviper]

Interest from them would amount to another £800 so am tempted to just let it expire. would make my life much easier though if Lloyds GOGW £750 was to go into my account as promised.

 

TezViper

[doo]

£800 sounds good, may wait then

[tezviper]

Halifax settled by the way, LOL that means I have had £6000 from them in 3 months.

 

TezViper

[doo]

£6,000 in 3 months, lol, were they different accounts or the same (can't remember).

[tezviper]

Different accounts.

 

tezViper

[doo]

Were any of them for halifax credit card, just interested as I am not sure how they react to this, hubby has halifax one card and we don't want to loose the facility so have not looked into claiming for this one yet.

[doo]

tezviper, just to update you, have not filed court claim yet although it is ready to go, had to ring cap one with a few questions about default and after a bit of discussion with colleagues they have told me they are removing default. So while I wait for proof of this (should be this week) I have postponed court claim on jonni2bads advice as it will obviously make my claim much simpler, but as soon as I have seen it off my credit record it's off to court I go.

[tezviper]

In reply to your question doo, no they weren't for the halifax credit card, just normal accounts. Can I have the number you rang please so that I can speak to someone there about the default removal. would be good if I could get mine removed even though have filed at court already.

 

TezViper

[doo]

Firstly I rang Debitas as the account was with them just before default stage and wanted to recheck dates, it seemed there was a discrepancy in the dates and I had paid, but try this number 0845 2345151. If not try the cap one number 0800 9524914 as they are now dealing with my default removal. Good luck and put a post out to let us know how you get on.

[tezviper]

Well, as expected I got my letter through today, telling me they have investigated my claim ( blah blah blah ) and that charges are levied when I breach my contract etc!!!!!!!!!

But as a GOGW they have cleared the balance on my credit card and are sending me a cheque for £270.

As i expected there is absolutely no mention of the default removal that is part of my court claim so I wont be contacting the court to cancel my claim as they have not met the requirements of the claim.

Nice to know I am getting somewhere now though.

 

Just to add, my missus got a call from mint about her CC with them they decided to call from a witheld number and wanted to ask her some security questions. Good thing I have advised her not to answer security questions in that situation and so she refused to answer and explained to them her reasons for doing this, and her response was " you will be hearing from our solicitor then!" and they slammed the phone down.

 

whats wrong with these people!!!!

 

TezViper

[doo]

tezviper, don't accept the cheque, tear it in half or whatever and send it back with rejection letter, I'm sure you have followed Tanz's thread so follow his lead. Good luck

[tezviper]

Thats the plan mate, Am going to call them on Monday morning to test the water but have already put rejection letter together using the template I got from Tanz's thread.

 

Hows your claim going?

 

( why dont I just read your thread )

 

TezViper

[doo]

Save you searching for my thread I'll give you update. Default has now been removed (just) so will now be submitting my claim, have POC ready (just finalising it) then it's all systems go.

 

Tanz is full of great advice and information, he fully deserved his result let's hope yours will follow shortly.

[tezviper]

Am keeping my fingers crossed mate as I have plans for that cheque, its going toward a PS3!!!!!!

Halifax money should go in by thursday as well so thats another £2611.

 

TezViper

[doo]

Way to go tezviper - how great is it getting your money back - it's like a savings plan we had all forgotten about and it's now being paid out, heres to many more;)

[tezviper]

Lol, I know what you mean! Just checked account today and they paid in today so am happy about that now!!!!

Thanks for the support Doo, Now letes both take Cap One down another peg or 2.

 

TezViper

[tezviper]

Cheque arrived today, but I will be hanging onto it for a few days as I have already sent my letter to them rejecting the offer as it doesnt completely satisfy my claim as there is no mention of the default removal.

 

Heres the letter

 

TezViper

Xxxxxxxxxx

xxxxxxxxxxxx

Xxxxxxxxxxx

 

Hayley Marriott

Executive Office

Capital One Bank (Europe) plc

PO Box 5281

Nottingham

NG2 3HX

 

2nd April 2007

 

Re: County Court Claim number xxxxxxxx

 

Dear Ms Marriott

 

I write in response to your ‘settlement offer’ letter dated 22ND March 2007 and acknowledge receipt of this.

 

I reiterate that my claim is in 2 parts and they are intrinsically linked.

I thank you for your attempted settlement, but since you are unwilling to see the correlation between the unlawful charges imposed on my account and the subsequent default notice, I must inform you that I do not agree to the settlement offered and my claim will continue through the courts.

 

I am confident of my position and believe that I will be able to show a Judge that I was never lawfully indebted to you by the amount that is shown on the default register, or at all.

 

At the time of the default notice, you had imposed £600 in unlawful penalties. By offsetting this amount against the actual balance of the account, my financial position would have been a positive balance of £33 thus the information passed to Credit Reference Agencies was inaccurate.

 

Clearly I have no power to stop you from crediting my account, but I wish to make it perfectly clear to you that your actions should not be interpreted as an agreement on my part. If I receive any monies directly from your organisation in relation to this settlement offer then they will be returned immediately.

 

Should you wish to review your position with regard to removing the default from my credit files then I would be more than happy to enter into further discussion with you in the hope that you might avoid wasting the court’s valuable time.

 

I trust that this clarifies my position.

 

Yours faithfully

 

 

 

 

TezViper

Many thanks to Tanz for the template.

[doo]

Hiya, the money they have offered to pay is it for the full amount claimed with contractual interest? Hopefully this letter should grab their attention - have read a few threads on here lately where they have removed defaults so hopefully yours is next, keep us posted.

 

Eventually filed my N1 am now waiting for it to be served.

[tezviper]

It is full settlement for all money owed including interest and court fees. They just failed to mention the default, possibly an oversight but \i doubt it. Hopefully the letter will do the trick. Shame they dont have a contact number for that dept. I would have liked to have spoken to someone.

 

TezViper