ICY -V- Capital One

[ICY]

What ... me ... scary ... never

[patrickq1]

JUST FOUND THIS IF ITS OF ANY USE

PATRICKQ1

 

Credit card foolery

[citizenB]

The default notice, shouldnt it have certain parts of it underlined to be valid ?

[ICY]

To be honest I have absolutly no idea, I have never had a default notice.

[citizenB]

I am pretty certain that I have seen somewhere on the forums that there is a specific way of producing default notices to make them valid. I will see if I can find a link. BRB.

[ICY]

no worries

[ICY]

Still had no response so will be sending the following off to them this aft

 

Dear Mrs

I am extremely disappointed to note that you have chosen to ignore my previous correspondence dated 25th April 2008, and I am quite frankly shocked that you have failed to respond to a letter sent over 2 months ago, especially after the fact you wrote to me requesting I informed you if the claim should still go ahead.

I enclose a further copy of this correspondence, and would request you read this and inform me of your position on this matter as a matter of urgency.

I have recently been refused a bank account because of “a default entry on your credit file” this default is one issued by Capital One and is incorrectly entered, and also has false and misleading information on it, two years ago I was also refused a mortgage at a favourable rate which I may not have been refused had the default not been placed on my file, obviously this has resulted in me having to pay more than I should have over the past two years, I believe that this demonstrates that your false and misleading information has caused me significant harm, and as such failure to remove all negative information about me will result in a compensation claim being submitted to the courts for damages.

As has already been stated your right to share information about me with third parties ended once you terminated the agreement between myself and Capital One (this occurring when you closed my account) as such your recording of such information is in my opinion unlawful, clarification of this will be determined once this matter comes before the court.

Removal of the false and misleading information from my credit file will cease all further legal action against Capital One, and in this event I shall contact the courts and terminate the case, if you refuse to remove the information I will be applying to the court to remove the stay imposed on the case, and ensure the case is listed to appear before a judge as soon as possible.

I trust this clarifies my position.

 

Yours ...

[ICY]

Dos that look OK ?

[steven4064]

ICY

 

Looks good to me. You might want to mention this case (it is certainly worth reading - some good maths too ) RICHARD DURKIN v. DGS RETAIL LIMITED+HFC BANK PLC, 26 March 2008, Sheriff J K Tierney

[ICY]

Makes interesting reading

[deedee1310]

Hello ICY,

 

Just read your whole thread. It seems that you are having as much fun with the Cr*p ones as I am.

 

Have you had the stay lifted?I did on mine by just sending a letter. I can send it to you by PM. I didn't use a Notice of Application as this would have cost £65 (£75 now). The cr*p ones removed my default but put late payment markers on my file instead.

 

I have stuck to my guns and asked that ALL prejudicial information is removed including the uncontested CCJ that was granted against me for £265, plus the unlawful charges of course

 

I'll be keeping an eye on your thread too and will let you know how mine is progressing. It's been at a standstill for now. I wrote the court telling them that Cap One hadn't settled with me as they have claimed and I have asked the claim to continue. I'll let you know how I get on.

 

Hang on in there!

 

deedee

[un1boy]

Is there an update on this mate?

[ICY]

Hi guys sorry, not been online very much lately, I sent the letter on 30th June telling them the financial side is setlled but not ending the claim until default removal, they have ignored this letter sending another one today as follows-

 

I am again writing in an attempt to get this matter resolved without any further delay, I initially wrote to you on the 25th April and again on the 30th June and to date you appear to be ignoring all of my correspondence, you initially wrote to me stating “

If you are not in agreement that your claim has been settled, we would ask that you please notify us in writing which elements of your claim you believe to be still outstanding. We will then be able to discuss the matter further with you

.” I have written to you as you requested, and consider it discourteous of you to fail to respond, I have proof of delivery as letters are sent recorded delivery.

As I have already said I consider the financial part of the claim to be settled, however as stated on the court papers, default removal is also part of the claim, and as such the claim is still not completely settled, and won’t be until Capital One remove the information on my credit file.

I enclose a further copy of each letter and would request you read this and inform me of your position on this as a matter of urgency.

Further to the previous letters I am currently attempting to get a mortgage to buy a new property, and have been told that due to the default Capital One have issued on my credit file, I will be struggling to get the mortgage I want, this demonstrates clearly that your recording of false negative information has caused damage to my ability to obtain affordable finance and as such failure to removed the information immediately will result in me submitting a claim for damages.

I trust this clarifies my position.

 

 

If this doesnt kickstart them, then I have no idea what will.

 

[steven4064]

You could tell them that, in a recent case in Scotland, a claimant ws awarded £116k in just these dcircumstances - couldn't get a mortgage and therefore lost potential value of the house because of false negative credit marker. See RICHARD DURKIN v. DGS RETAIL LIMITED+HFC BANK PLC, 26 March 2008, Sheriff J K Tierney

[ICY]

Well this I really dont believe

 

Had a letter today from the Crap1,

Dear me

 

Thank you for your letter dated 30th June, I apologise for the delay in replying to you.

 

We refunded the default fees claimed on a without admission basis as a goodwill payment as such we believe the default that was recorded on your credit file in January 2006 was accuratly recorded. However in order to settle this matter, without admission of liability I have arranged for the default to be removed.

 

The credit file amendment department has been informed of this decision and your credit file should show the amendments within a month.

 

It is our view that we have agreed to settle your claim in full. We will write to X County Court to advise of our settelment and would ask that you do the same in order for the claim to be closed by them

 

Yours .......

 

So all is well is it.

 

Well actually NO

 

Looked on my credit file to see that I now no longer have a default. However the capital one account despite being closed a few years ago is now showing with 6 missed payments on the account, I am baffled now.

 

the following is the current record.-

ENTRY NUMBER: C3

Name:

MR X

Address:

X

Date of birth:

X

C

ompany name:

CAPITAL ONE

Account type:

Credit card / Store card

Started:

28/07/2004

Current Balance:

£0

Credit Limit:

£200

File Updated for the Period to:

31/07/2008

Status history:

[] brackets indicate most recent months status

[

]

Summary of payment history:

In the last 18 months of account activity, the number of status 1-2 is 5 and the number of status 3+ is 5

[ICY]

Can anybody please tell me how long Account Information stays on my experian report?

 

this is really hitting my total credit score, which shows the only thing having a negative impact on my score is the late payments to Capital one.

 

 

Also are they allowed to record information about me as myself and capital one we no longer have a contract and didnt when they last updated my credit file on 31st July 2008.

 

I really should notify the court that the claim I submitted is now settled, in that the have refunded the money part of the claim, and have technically removed the default (even if they have replaced it with late payment markers).

 

Is there anything I can do to get the late payment markers removed?

Edited November 30, 2009 by ICY

[ICY]

Bumpy bump :0)

[ICY]

Anyone ?

[ICY]

bumpidy bump

[usaname]

Six years

[ICY]

Thanks usa, although the amount they defaulted me for was less than the amount they have refunded me from charges, so is it right that although they removed the default, they can still leave these late payment markers despite them paying me back more than they alledged that I owed, therefore in theory I couldnt have owed the money in the first place, so cant have made late payments am I correct.

 

Should I write to the court and end the case, or should I take it to the court, and if I do do I need to amend the claim or explain when I arrive, really need to get a move on with this now :0)

[ICY]

bump

[ICY]

Hello, anybody out there?

[ICY]

B

U

M

P

[PaulW922]

Icy - if the late payment markers are accurate - which I think they are - you cannot get them removed. As long as the default has gone I'd be happy with that