About To Take On Cap 1 Advise Please

[scarlett79]

Hi im just about to take on cap 1. At the moment my debt is passed on to crap quest. I read on here that if your debt is sold with the original default on you can claim comp, someone claimed £500, apparently because cap 1 should remove thier default and crap quest should issue thier own. Comp for harming credit record. Does anyone know how i can find out if this has happened on my account as i know cap 1 issued me with a default. I also want to get my default removed so should i mention this in my SAR request letter? Also i read about asking for CCA were do i do this or how shall i go about it?. At the moment i have just got my SAR printed out and ready to send, so as you can see any advise would be very useful, then i can get this ball rolling ASAP.

[rory32]

Hi,

With regards to the default you should certainly include this in your SAR. You can just kill two birds with one stone and send of you SAR with the CCA, also save on the recorded delivery (I'm Scottish so I worry about these things).

 

I have posted a sample letter below (can't take credit for it as I copied it from someone else on this forum).

 

{Name & Address}

Legal Compliance Specialist

Capital One Bank (Europe) plc

Trent House

Station Street

Nottingham

NG2 3HX

 

{Date}

Dear Sir/Madam

 

ACCOUNT NUMBER: XXXXX

I have recently discovered that it is likely that you have not dealt with my account in a lawful manner, and, whilst I have every intention of always paying my lawfully incurred debts, in this particular instance I am placing the account into dispute pending the outcome of my investigations.

Your attention is drawn to the two attached letters which will form the basis of my investigation. You are requested to fully comply with the information requested so that I can complete my investigation promptly and resume payments on the account if it is proven to be my lawful debt.

 

 

Yours Faithfully

{Name}

{Name & Address}

Legal Compliance Specialist

Capital One Bank (Europe) plc

Trent House

Station Street

Nottingham

NG2 3HX

 

{Date}

ACCOUNT NUMBER: XXXXX

Data Protection Act 1998

Subject Access Request

Please supply me with a complete list of transactions and charges relating to my accounts. Alternatively, a complete set of bank statements for that period will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my financial business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties and charges against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 DPA subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However please note that the above address is the one which you normally use to communicate my private business to me and which hitherto you have found to be acceptable.

 

Yours Faithfully,

 

 

 

{Name}

{Name & Address}

Legal Compliance Specialist

Capital One Bank (Europe) plc

Trent House

Station Street

Nottingham

NG2 3HX

 

{Date}

 

ACCOUNT NUMBER: XXXXX

 

With reference to the above accounts, would you please send me a true copy of the executed credit agreements with the prescribed terms.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request and this should be supplied within 12 working days. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act for the agreement.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defense to any court claim that is issued.

 

I look forward to hearing from you.

 

Yours faithfully

 

 

{Name}

With regards to the default and court action you really need to give Crap 1 the opportunity to resolve it. If they decide they are not going to remove the default (which is likely) you can then go down the legal route and ask for compensation at the courts discretion.

Hope this help.....Rory

[rory32]

Also reading this might help

http://www.consumeractiongroup.co.uk/forum/capital-one/51318-tanzarelli-cap-one-default.html