Me Vs Capital One - unsure of a/c number

[Layla_ck]

I have succesfully claimed charges back from Halifax and am now going after Capital One to see if I can reclaim charges from them and perhaps get the default removed from my file.

 

The file was passed to Heaton's solicitors whom I settled the account with for a partial settlement in Dec 2003.

 

I have their reference number, but no Capital One a/c number, who do I send my SAR off to and what info do I put on it to receive the correct information?:-?

[dx100uk]

phone cap1

they will tell you the info as long as you can verify yourself

if not, write inc as much info as possible

and any address change that has been made

then with the info send you sar to cap one.

as the were the original a/c holders

 

dx100uk:D

[Layla_ck]

Thank you dx100uk

[doo]

Layla, my hubby did not have his account number anymore so we wrote to cap one and also enclosed copy of his driving licence and it was all sorted. Send your SAR to. Legal Compliance Specialist, Capital One Bank (Europe) plc, Trent House, Station Street, Nottingham, NG2 3hx.

[Layla_ck]

Received a reply from Capital One, it's quite a long story!

 

The account was passed to a DCA who took a partial/reduced settlement figure to close the account etc. IT even states this on my credit file. Capital One have said they will refund £135 of charges, but as the account was closed I rang them up and asked how this was to be refunded, I was told that it would be taken off the outstanding balance I had with them!! WTF I asked and was told that although they cannot/will not chase me for the remainding figues less the settlement figure, any refunds will go against this as their files still say I owe x amount, although they can't ask me for it back?!

[doo]

Layla, was this a full and final payment, if so they should not take any more money towards the debt as it was FULL and FINAL. Get in touch with the DCA and get them to confirm it to you if you haven't got a letter to go by and ask them to confirm it in writing to you, then get back to Cap One.

[Layla_ck]

Hi Doo!

I'm not sure if this was Full and Final settlement, I know that the DCA told me if I paid x amount the account would be closed, the court claim dropped (it hadn't gotten that far, but was heading that way) and the matter would be over. Will go through my paper work tomorrow and have a look as I know they sent out a letter confirming payment. Thanks for the reply

[dx100uk]

just be aware that as such, a full & final settlement does not legally exist in the uk.

get them to confirm it in writing and that none of their agents can latterly chase the balance, but i dont think a dca can do this unless they have brought the debt.

they also tend to put nasty comments against such things in you cra files.

 

dx100uk

[doo]

Hi Layla, do as dx100uk says and get it in writing. I speak from experience as a year ago my O/Hs debt was sent to DCA and I paid a full and final so before I started his cap one claim (claimed CCI and got paid in full) I got it in writing from the DCA that the account was paid off and no more was owing and also spoke to cap one and got it in writing from them as well, then I started my claim (bit sneaky I know). So all his claim was paid out and no more money was taken towards the rest of the balance. Hope this helps, stick by your guns - get it in writing, keep us updated.