ICY -V- Capital One

[ICY]

Got a thread going for my claim against abbey so thought its now about time i started for my capital one account i used to have.

 

The background

 

Applied for a credit card from them back in July 2004, they gave me a 200 limit, cant remember how or when i got behind, i think it was from when i was being charged from the abbey thus bouncing the DD, then ended up behind with payments

Think it was March 2005 i started paying the balance off, they wanted £20 per month, but i decided i would struggle and paid £20 per week, left me very skint for a while but got it all paid off somehow, with the final payment recorded on my bank statements being made on 27th May 2005

Since i have looked at my credit file i have seen that capital one have made a default against me but the dates dont make sense, see extract below from my credit file, says that partial settlement was made, dont know if there are any charges i can claim for as if it was a partial settlement then they may have let me off with the charges.

 

Company name: CAPITAL ONE

Account type: Credit Card / Store Card

Special Instruction Indicator: Partial Settlement

Special Instruction Start Date: 04/2006

Started: 28/07/2004

Default Balance: £438

Current Balance: Satisfied

Defaulted On: 19/01/2006

File updated for period to: 16/04/2006

 

 

The issue i am more concerned with is the dates on my file, it shows as me defaulting in 2006 when all payments were finished in 2005, no wonder i had so much trouble getting the mortgage last year if they saw a recent default, am i able to have this default removed as i dont know if it was caused by charges

[doo]

Maybe send cap one a SAR then you can go through your statements and make a start claiming your charges. Also I would definately start to question these dates, I also had question marks over dates and when I questioned cap one they offered to remove my default which has now been done, have just put my N1 form in today for my charges. There are quite a lot of threads on cap one forum now where people have had defaults removed.

[ICY]

Thanks doo

 

I am adding this sentance onto the bottom of the SAR, anyone any comments ?

 

I also request details of ALL entry’s made against me on the credit reference files, and request copies of any default notices served on myself.

 

[enaid]

When I sent off for my son's SAR they did send everything, not that I can understand most of it mind you. Unlike Monument who just sent a list of charges. I am not asking for default removal though on his claim so you may get everything like I did,but it won't do any harm to add that or even state FULL SAR.

[doo]

Icy, just keep on at them and always ask for any info in writing and send recorded, then they can't wriggle out of it. Most important thing to remember is make sure you ask for default removal in prelim and LBA and of course in the POC (when you file court action ) and keep your claim intact, do not accept any part-payments before filing court action, that way you are more likely to get default removed.

[ICY]

I am sending EVERYTHING recorded dealing with 13 claims at the mo, 2 mine and 11 mother in laws, have loads of recorded slips here, as above i am not even sure if they do owe me charges and wont know until everything comes back from them, but my default entry IS incorrect

[doo]

Well you could ring them 0800 9524914, as I said before when I rung and questioned them on the date they had defaulted me and the date of my payment and what I had been told at the time they offered there and then (after a bit of discussion while I waited on the phone) to remove my default which I might add they have done. Made my claim simpler as now am only claiming charges on my court claim.Hope your filing system is good with all those claims lol

[ICY]

Story so far

 

11th April S.A.R - (Subject Access Request) sent along with cheque for £10 (to date uncashed)

 

13th April SAR confirmed as received by Royal mail

 

16th May SAR reminder to be sent

 

23rd May SAR deadline

 

 

 

To be continued .....

[ICY]

My credit file has now been changed, however the dats are still incorrect, so even though they have now removed the partial settlement bit to show the debt as satisfied they still havent put right the information they have falsely sent to the CRA

 

changed from :

 

Company name: CAPITAL ONE

Account type: Credit Card / Store Card

Special Instruction Indicator: Partial Settlement

Special Instruction Start Date: 04/2006

Started: 28/07/2004

Default Balance: £438

Current Balance: Satisfied

Defaulted On: 19/01/2006

File updated for period to: 16/04/2006

 

To :

 

Company name : CAPITAL ONE

Account type : Credit Card / Store Card

Started : 28/07/2004

Default Balance : £438

Current Balance : Satisfied

Defaulted On : 19/01/2006

File updated for period to : 29/05/2007

Status History: (brackets indicate most recent status)[]

[ICY]

bit wierd how they have my defaulted balance at £438 and my claim is for £440 lol

 

How do i make sure that the right information is on my credit file

[dpick]

My credit file has now been changed, however the dats are still incorrect, so even though they have now removed the partial settlement bit to show the debt as satisfied they still havent put right the information they have falsely sent to the CRA

 

changed from :

 

Company name: CAPITAL ONE

Account type: Credit Card / Store Card

Special Instruction Indicator: Partial Settlement

Special Instruction Start Date: 04/2006

Started: 28/07/2004

Default Balance: £438

Current Balance: Satisfied

Defaulted On: 19/01/2006

File updated for period to: 16/04/2006

 

To :

 

Company name : CAPITAL ONE

Account type : Credit Card / Store Card

Started : 28/07/2004

Default Balance : £438

Current Balance : Satisfied

Defaulted On : 19/01/2006

File updated for period to : 29/05/2007

Status History: (brackets indicate most recent status)[]

 

Hi when I checked my crap1 statements I remembered that I had a yearly charge on my card even if balance was zero this could be what they defaulted you they still put this charge on when I was not able to use my card. They could have done somthing link this to you and then put charges on yuor account for none/late payment.

 

hope this will help dpick:shock:

[ICY]

The problem is they have shown the account as defaulted on a date after i paid the debt off and they had supposedly closed the account

[ICY]

can the default be removed because of this or will they only change the details?

 

they have finally cashed my cheque yesterday nearly 2 months after i sent it to them

[doo]

ICY, I had my default removed as I found out the payment I had made had actually reached them before the default date, when I rung them to question dates they actually offered on the phone to remove it. This has been done but the late markers are still there. Have you spoken to them? Obviously back up everything my letter as well but may be worth a try. 0800 9524914.

 

Will have a look at your Abbey thread as am about to submit a claim for my brother.

[ICY]

I would prefer not to ring them, i want to have proof of everything which has been said, they still havent responded to me at all, nice to feel ignored:rolleyes:

[Josie8]

The default date should be the date they served notice on you via a default notice they would impose it. What date did they day in the default letter?

 

Anyway if your claim charges are for more than the default make part of your claim a requirement that the default is lifted.

[ICY]

I have never received a default letter

[ICY]

Been getting carried away with claim 1 and 3 and have neglected the rest of the claims and let them slip, its time to correct that wrong now, i should have filed this claim on 5th June

 

I have just printed N1 and schedule of charges X 3 ready to take to the court on Friday, will be the first claim not to have been filed using mcol any tips what to expect when i get to the court building.

 

Hopefully using this route will cut out delays i have experienced when using mcol.

 

I cant beleive the fact they havent even acknowledged the letters i have sent, not even to say they are dealing with my complaint ect

 

What is the usual way for Capital one to treat claims once they have been filed at court, i know each bank/credit card company treats these claims differently.

[Josie8]

I have never received a default letter

 

Then the default isn't valid

[ICY]

when they defaulted me i didnt even live at the address they had, but i had cleared the balance off by then anyway

[ICY]

I have included in the POC that i want the default to be removed

[Josie8]

Glad to hear it fellow cagger:D

[ICY]

Been to file the N1 at court, and i must say i am extremely angry at the admin clerks behaviour, i gave him all 3 copies said i would like to submit these for a new claim please, he took them looked over them made me correct a minor error i made (didnt put Mr in front of my name so watch for this guys) then before he took the payment he said to me "you do know the banks are defending these cases and they are using details of cases that have been won at court in there defence as a precedent" i politely informed him no case case been won at court setting a precedent, I then informed him i know what i am doing and know what i am talking about as i am currently dealing with 13 other claims of this nature, he then told me that "the websites around arent up to date with current developments in these cases" at this point i lost the will to continue the discussion, i couldnt be bothered arguing any further and just paid and walked out ignoring what he was saying, i expected him to give me my copy back with the seal on it there and then but said it will be posted to me.

ARGHHHHHHHHHHHHHHHHHHHHH i am so angry right now, had he been talking to a very nervous person, there is a chance someone would walk away not submititng as they had been scared off by him, it was just pointless trying to argue with him as he obviously believed his misguided opinions were right and wouldnt listen, i really had to laugh when he said cag wasnt always up to date, this site is probably more up to date and aware of whats going than the courts are.

[doo]

Totally out of order Icy but you know better - you will find Cap One a stroll in the park compared to your dealings with Abbey, which I am watching closely. Are you claiming statutory or CCI? Also, you will get your default removed, got mine and my O/Hs removed, also the late markers on my credit reference entry.

[ICY]

Thing thats annoyed me most is the chance someone could be put off claiming by his comments.

I am claiming the stat, luckily there are no late markers on my file just the default, i have already asked them to remove the default as well as return the charges, but they have completely ignored me and have not responded to a single letter, sound familiar. i am now being ignored by Abbey, Ashursts, Hsbc and cap1 all at the same time, it must be me lol