ICY -V- Capital One

[ICY]

Time to bring this up to speed, on the end os September i was sent a cheque for the full monetary amount of he claim, however the default is still showing on my credit file, and as ou see above they have deliberatly replaced what was there before with worse information stating i had gone away (how the hell did they send me the cheque a month after telling experian i had 'gone away' then if they didnt know where i was) what with my wedding being at the same time, I never got around to writing to cap1 accepting the cheque only in part settlement, and ended up completely forgetting about it till going through the files todayI still wish to persue the default removal, i will try to scan the crappy docs they sent me when i asked for a true copyy of default notice.

 

Is it too late to write to cap1 and the court acknowldeging the monetary settlement and if not is there a template letter anywhere to help me with this letter, This default removal is important to me, especially as they are recording information which they know is a lie.

[ICY]

Correction i didnt receive full amount, they sent a cheque for 343.76

 

My claim was for

 

£400.00 Charges

£50.00 Court Fee

£69.12 Interest to date of submitting at court

519.12

- 343.76 already paid, leaves amount still owed to be

£ 175.36

 

I never got a letter explaining the cheque or a request to end the court claim, nor was there an explanation what the cheque was actually for.

[ICY]

Can someone please help me come up with a letter, to write to Cap1 and the courts

[ICY]

Surely someone must be able to help out on this one ?

[ukaviator]

You can amend something like this Icy:

BANK NAME

Address

Address

Postcode

Re: Account number XXXXXXXX

 

Response to settlement offer.

 

Dear [named sender or Sirs]

 

Thank you for your letter dated xx/xx/xx. I wish to stress that I will accept your offer as partial payment only towards my claim. The money transfered to my account should not be viewed as my acceptance as a full and final settlement. As my Particulars Of Claim state. I am claiming contractual interest (compounded daily) at 26.94% APR. which is the rate that has been applied to my account (this information has already been confirmed by your department in a telephone call) and is the most current interest rate being applied according to my statements.

As County Court action has commenced, any negotiated settlement of this claim must include interest and court fees. Failure to comply with these points in any settlement offer means that it would not be a full settlement of my claim, and therefore unacceptable. I am a reasonable person and would be happy to negotiate to bring proceedings to a close, but in the absence of any serious attempt at settlement on your part, you can be assured that I will pursue this claim in the most vigorous manner.

Should you wish to settle my claim in full, then please forward the balance of the claim (£xxxx) without conditions, and I will inform the court that the claim is settled.

 

I trust this clarifies my position.

 

Yours faithfully

 

[signature]

 

[print name]

Hope it helps

 

Uk

[mkandy]

I would also mention something about default removal in the final Paragraph too

[ICY]

I think i have mis-calculated, looking over everything I think full financial settlement has been made, however I still need to fight to get the default removed.

 

Have come up with the following letter, does anyone have anything thats i should add onto the letter, I have taken bits from a couple of different letters i have come across.

 

Anyone fancy proof reading it for me?

[ICY]

will repost letter below ...

[dpick]

Hi did the default value contain charges that have since been refunded if so the the default value is incorrect and the default is invalid.

 

dpick

[ICY]

Yes charges were refunded last september, default was registered 19th January 06

 

But how do i word that in the letter.

 

(thanks for that thats something i wsnt aware of)

[dpick]

Hi ICY on my way out now will not be back till early hours of the morning will have a think and post then if you or someone else has not come up with the goods.

 

dpick

[ICY]

no worries, cheers

[dpick]

Hi ICY try amending this, I have also included a sentence regarding gone away marker check date and date of your SAR received by CRAP1.

 

 

 

CRAP1. entered a default with a default date of DD/MM/YYYY and default value of £NNNN. It is my contention that due to your offer a refund of charges applied to the account after the default date that the value applied to this default is incorrect. Also you have applied a gone away marker in August 2007 This is incorrect as I have been in communication with you since at least April 2007 (date my SAR signed for by yourselves).

 

dpick:)

[ICY]

thanks dpick, editing letter now.

 

can i threaten them with the Information Commissioner (wont be an idle threat i have already reported hsbc and yorkshire bank for failure to deliver statements) i think if i include in my letter the threat to the Information Commissioner for unlawfully recording information about me then it may just add weight to my claim for removal. would this also be something i could also report either to the OFT or the FSA if i dont receive a satisfactory response.

 

finally is there anything specific in the Data Protection Act i can directly quote which will support my claim to have this default removed.

 

Think the things i need to be quoting are DPA, CCA and Fraud Act, although what i really need to know is which sections are appropriate to quote.

[ICY]

Also i asked cap1 to furnish me with proof of default notice, which they havent done, are there any statutes i need to quote which will get them worried?

 

All they sent me is a blank template letter showing what the default notice looks like, and a copy of Ts&Cs they said they have no obligation to provide proof they have sent the default

[ICY]

Heres a couple of letters sent to me by cap 1 at my CURRENT address before they issued the gone away indicator

 

 

[ICY]

Heres the all important credit agreement, which they sent when i asked for all info on my account, can someone please tell me if this is enforceable, this may fix everything

 

[ICY]

The Ts&Cs

 

 

[ICY]

And this is what they sent me when i asked for proof of default notice

 

 

[ICY]

IF the agreement is not enforceable (which i think from what i have read it may not be) surely i wouldnt need to mention anything in the letter

This then leaves a bit of amunition left if they still refuse to play ball, and remove the default. I then have a back up plan of there (alleged) deliberate recording of false information,

[ICY]

bump

[Schmidlin]

Hi, Just read this thread,

Can anyone let me know exactly what to write regards removal of Default on an N1 Claim form.

 

Many thanks,

[ICY]

Nearly two weeks and no reply as to whether i have been given an enforcable agreement, whats going on, CAG never used to be like this

[ICY]

anybody out there

[mkandy]

Schmidlin - Underneath the section that contains 'what the claimaints requires' - just put 'removal of the Incorrectly recorded Default Notice from the claimant's credit file' include the date it was added and the amount. If it gets to court, which it wont, you could argue that if the charges are indeed unlawful, the Default is therefore incorrect and in turn a clear breach of the data protection act.

 

ICY - I couldn't read the text on the first page of that alledged CCA. If it is unenforceable then great, does it say anything along the lines of 'when i recieve my card' - which would pertain you haven't yet recieved it and therefore it is an application for a card, which is unenforceable.

 

Can you confirm what it says?