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Notty
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I have issued the NI form to Capital One for refund of charges and removal of the default. My account was being dealt with by Newmans Debt collectors. I sent Newmans a cca in January and the 43 days are now up. I had a letter from Newmans saying they were going to contact Capital One and get back to me. Today I received a letter from Cap One saying they were now dealing with my account and to make payments to them and do it quickly. It is Cap One who have defaulted me. I assume Newmans didnt own my account and was only being collected by Newmans. Should I carry on as normal with Cap One (Court claim for refund of charges and removal of default)? Also would it be worth cca Cap One. More than anything I want to get the default removed. By the way the charges on the account are for £600 the account balance was only £200 total now of £800 all added by Cap One. Would appreciate any help.

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I have issued the NI form to Capital One for refund of charges and removal of the default. My account was being dealt with by Newmans Debt collectors. I sent Newmans a cca in January and the 43 days are now up. I had a letter from Newmans saying they were going to contact Capital One and get back to me. Today I received a letter from Cap One saying they were now dealing with my account and to make payments to them and do it quickly. It is Cap One who have defaulted me. I assume Newmans didnt own my account and was only being collected by Newmans. Should I carry on as normal with Cap One (Court claim for refund of charges and removal of default)? Also would it be worth cca Cap One. More than anything I want to get the default removed. By the way the charges on the account are for £600 the account balance was only £200 total now of £800 all added by Cap One. Would appreciate any help.

 

Hi Notty what help do you want exactly? Have you already got your 6 years worth of statements?

Just hate every DCA out there

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I have already issued the NI claim form to Cap One for the removal of the default and refund of charges. The account was with Newmans the DCA but Newmans have now given it back to Cap One. Cap One have written to me telling me this but what I would like to know is do I go on paying Cap One, even though its at the NI stage or do I wait until they settle either in court or just before then pay them off? I obviously need them to remove the default. Also I have paid money to Newmans DCA should I go after them for the refund of the payments I made to them but they never owned the debt?

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I have already issued the NI claim form to Cap One for the removal of the default and refund of charges. The account was with Newmans the DCA but Newmans have now given it back to Cap One. Cap One have written to me telling me this but what I would like to know is do I go on paying Cap One, even though its at the NI stage or do I wait until they settle either in court or just before then pay them off? I obviously need them to remove the default. Also I have paid money to Newmans DCA should I go after them for the refund of the payments I made to them but they never owned the debt?

 

You say the balance is £800 and the charges are £600...What about interest? When they give you back the charges they will put it straight into your account if it's still open...Did your prelim state that you wanted default removed ?

Just hate every DCA out there

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Hi yes, it was in the POC. I dont know if anyone has ever got a default removed like this. I know Jonni2bad did his seperate but failed to get the default removed. I suppose if they want to settle they will remove it?

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Hi yes, it was in the POC. I dont know if anyone has ever got a default removed like this. I know Jonni2bad did his seperate but failed to get the default removed. I suppose if they want to settle they will remove it?

 

Someone got a default reoved last week...It was in this thread http://www.consumeractiongroup.co.uk/forum/capital-one/42034-smel-c1-refund-plus.html

Just hate every DCA out there

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That was a really interesting thread thanks for that. I am not sure if he issued a cca or a copy of his default but they didnt comply with the cca request so he sent them a letter turning the offer of a settlement but not the default removal. I am at that stage had an offer of half of the charges but I need to send them a letter back refusing it. Do you think it would be worth send a similar one and saying they have not complied with the cca? Is it worth doing a SAR at this late stage (court papers filed)? Must admit its a bit confusing but I am desperate to get the default off.

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That was a really interesting thread thanks for that. I am not sure if he issued a cca or a copy of his default but they didnt comply with the cca request so he sent them a letter turning the offer of a settlement but not the default removal. I am at that stage had an offer of half of the charges but I need to send them a letter back refusing it. Do you think it would be worth send a similar one and saying they have not complied with the cca? Is it worth doing a SAR at this late stage (court papers filed)? Must admit its a bit confusing but I am desperate to get the default off.

 

Let Smel be your inspiration...Worked for him didn't it ? lol

Just hate every DCA out there

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