Is this Cap1 default valid? **WON IN COURT**

[ammani]

Hi there,

 

 

i need some advice, about a default notice that i was served, last year,on 06/01/06,

as i want to make a claim against Capital One and ask for the default to be removed.

 

 

I had not missed 3 payments as is required, and when the default notice arrived,

it stated that i owed £00.00 and could i pay it now!

 

 

At the time there was only £42.61 owing on this account, and i was paying them monthly.

 

 

I telephoned Capital One to see what this was all about, and was told to ignore it, as it was a mistake, and that my account was up to date.So i did nothing, and then sent a £20.00 payment on 31/01/06, bringing my account to £22.61. A few months later looking through a credit report that i had ordered, i noticed that a default notice had been lodged against me. I contacted Capital One and they said i had not made my payment. I told them that i had, and gave them the cheque details and number.I then made a complaint to Royal Mail, saying that my letter had gone missing.Can Capital One default me like that? On recieving my DPA request, they sent me all documentation, including credit agreement, but there is no copy of the default notice with it. What should i do now?

[doo]

I think I would ring them again first off, have all your facts to hand, I got my default removed by making a phone call to them, I had been mis-informed over dates payment was due and they offered to remove default over the phone which they have done. If you have no luck over the phone then combine getting your charges back with default removal, this has been done with cap one - will post you some links.

[doo]

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

[doo]

http://www.consumeractiongroup.co.uk/forum/capital-one/42034-smel-c1-refund-plus.html

[ammani]

Doo,

 

Thank you kindly for your reply. I have already sent preliminary letter and Lba letter to Capital one, and they said they couldnt refund my charges or remove the deafault. I have started to get the paperwork together for a claim, but was not sure on what grounds i could contest the default. I cannot say that i didnt recieve one, as i did, even though the information was incorrect. I was thinking of putting unsubstantiated on the claim form, but wasnt sure what to put in the POC. Thank you for the links, i will read through them, and see if they are of any asistance.

[TANZARELLI]

Hi ammani,

 

f would ring them and expain the situation, as I suspect you are recieveing templated responses which if they investigated further they would see they were in the wrong , if what you say is true. I would lodge a complaint with the ICO (and do this now) after a week or so, phone the ICO and get a reference number. Quote this on all further correspondences with cap 1.

 

If you need a copy of the poc I used let me know and i'll pm you it.

 

Tanz

[ammani]

Thank you TANZARELLI, for your reply. I did call them, and they claim i did not pay for 6 months, which is absolute rubbish,and i sent a payment in january when got default notice, which said i didnt owe anything! They say they didnt recieve the payment till February! I am not sure on what grounds i can do the default notice as was only £42.00 on balance, cannot do it on grounds of charges.Could i do it on the grounds that the account is settled and therefore there is no need for them to still have it on my account? Or should i just put claim in for charges and also default? I have asked them to supply me with a copy of the default notice, they say they cannot do that as do not hold copies, but can send me the information requested, in form of letter. Does this count as a copy? Any advice will be greatly appreciated, as really not sure what to do next.Many thanks.

[Armsoft]

Thank you TANZARELLI, for your reply. I did call them, and they claim i did not pay for 6 months, which is absolute rubbish,and i sent a payment in january when got default notice, which said i didnt owe anything! They say they didnt recieve the payment till February! I am not sure on what grounds i can do the default notice as was only £42.00 on balance, cannot do it on grounds of charges.Could i do it on the grounds that the account is settled and therefore there is no need for them to still have it on my account? Or should i just put claim in for charges and also default? I have asked them to supply me with a copy of the default notice, they say they cannot do that as do not hold copies, but can send me the information requested, in form of letter. Does this count as a copy? Any advice will be greatly appreciated, as really not sure what to do next.Many thanks.

 

ammani,

How much do your charges add upto?

[ammani]

Hello Armsoft,

This account is closed now, was closed last year as i settled it, but i had 222.00 of charges added to my account, which i want to make a claim for plus the removal of my default.

[Armsoft]

Hello Armsoft,

This account is closed now, was closed last year as i settled it, but i had 222.00 of charges added to my account, which i want to make a claim for plus the removal of my default.

 

Right, were the charges added to the account after it was closed? or before

 

Either way, default removal should be fairly straightforward, especially as the charges are more than 5 times the amount of the default value.

 

Let me know when the charges were applied, and I can advise the best way forward

[TANZARELLI]

Charges always get paid off before the balance so I beleive so if you had charges of £222, without these your balance would have been paid of long before it was. Your arguement is that had the charges not been applied to the account previously then you would not have been late with payments etc.

[Armsoft]

Hello Armsoft,

This account is closed now, was closed last year as i settled it, but i had 222.00 of charges added to my account, which i want to make a claim for plus the removal of my default.

 

 

Has the default caused you any financial inconvenience? Have you perhaps had to pay higher interest rate on your mortgage etc.

 

If you have, you may want to consider adding a request for compensation (at the Courts Descretion) in with your claim for Quantifiable Losses.

I received £5k in compensation from The Abbey Bank to cover Quantifiable Losses, so it`s worth considering.

[ammani]

Thank you Armsoft and TANZARELLI, for your comments. The charges were on the account before it was closed. It was closed because it had been settled. At th time i didnt know anything about charges and reclaiming them, and just paid out what they said i owed to them. It was my divorce that caused my finacial problems, but i contacted them and set up a payment plan, letting them know my financial position. They say I missed one payment in Dec 05, but i did send them a cheque, it must have gone missing.I asked them why they didnt contact me, and i would have sent another payment. Then in Jan 06 i got a default notice, saying i owed £00.00, so i contacted them and told them i had made a payment, and that i would also send another, which i did, and they claim they didnt recieve it till 04 February a month later! They actually served the default on 25th January.Having spoken to them today they claim they had 2 payments in February 06 from me and nothing for 6 months before, which is not true.I cannot prove i have as did not keep my cheque book stubs so cannot remember cheque numbers for cheques i sent, and contacting my bank today they want £5.00 for each cheque they search for in that time period. Also it has caused me terrible problems, as was trying to get a mortgage, but could only get an interest only one, because of the default, so am now paying through the roof for my mortgage. It has gone up 3 times since begining of the year.And i cannot get credit, becaue my rating was bad because of default.

[TANZARELLI]

You could really do with getting the cheque info.

 

Wouldn't this show on your statements from the bank?

[ammani]

Unfortunately not, it just shows cheque numbers. The bank sya that they can only search all chequed from the period of time i ask for, but will cost £5 for each one! If they searched all cheques within this 5 months it would ost me a fortune. I have also just realised, while reading another thread, that it wasnt the default notice that i recieved, but a letter stating that i would be if i didnt take action, that is why i called them to say i had made payment, so i never did recieve a default notice saying that it had been done. I am waiting to see what they send me as asked them to supply me a copy of it.I was told they do not keep copies of them but they would send me information as to date and amount etc.

[ammani]

Hi there, is there any one who can advise me, as really would like to get this claim done, and not sure how to go about it. Thanks.

[Armsoft]

Hi there, is there any one who can advise me, as really would like to get this claim done, and not sure how to go about it. Thanks.

 

Ok,

As Tanz has said, it would be far better if you had the cheque details, as without them, if it got to court, you would not have the evidence to prove your point.

 

Assuming you still have the letter which stated that you owed £0.00 prior to the issuing of the Default, I would progress as normal, and having already gone through the required timescales and letter sending upto and including your LBA, the next step is to file in your local court.

 

You will need to complete an N1 form, and there are plenty of guidlines in Templates that will talk you through that process.

Your Particulars Of Claim will need to include the Default Removal along with the refund of charges.

 

Whilst that paperwork is making its way through the court process, I would suggest you try to narrow down the possible cheque number details, and as Tanz said in one of his threads, you should be able to do this through your bank statements (you must know how much you paid, and approx when?).

You will receive notification that they have acknowledged your claim, and that they intend to defend (standard with Cap1), and you might even get to the stage of filling in an Allocation Questionaire before Cap1 agree to settle your charges claim, its at this point that further discussions will need to be had with them, along the lines of "its a 2 part single claim, settlement can only be agreed on refund of charges and removal of default" etc,etc.

[ammani]

Hello Armsoft, many thanks for your reply. I can see what payments i made on my statements from Capital One, but its trying to show that i did send the payments in December and January 06, as they are not showing on my statements.They are claiming they didnt recieve the one in December, and that the January one, was recieved a month later! And yes i still do have the document saying i will be defaulted if i take no further action, on which says i owe £00.00. I will do my claim now and do NI form, do you think i should wait and see what document they send me, as copy of the default notice, i did not recieve, before putting claim in? Or just go ahead with it. Thanks.

[Armsoft]

Hello Armsoft, many thanks for your reply. I can see what payments i made on my statements from Capital One, but its trying to show that i did send the payments in December and January 06, as they are not showing on my statements.They are claiming they didnt recieve the one in December, and that the January one, was recieved a month later! And yes i still do have the document saying i will be defaulted if i take no further action, on which says i owe £00.00. I will do my claim now and do NI form, do you think i should wait and see what document they send me, as copy of the default notice, i did not recieve, before putting claim in? Or just go ahead with it. Thanks.

 

 

Hello again,

If you wait for a signed copy of the default notice, you`l be waiting till hell freezes over, they don`t keep copies, all you will receive is a copy of the "Default Notices" that they send out, it will be a standard notice, undated and unsigned.

So, get your N1 completed and filed at the court to get things rolling.

 

You need to look at the statements from your bank to see if your December & January payments were cashed by Capital 1, not the capital 1 statements as they will not show on their as they are claiming non-receipt.

[TANZARELLI]

I added this into my POC.

(the removal of any prejudicial information which the Defendant (Capital One Bank PLC), has passed on to third parties in relation to the Account and in particular the removal of the Default Notice registered with any credit reference agency which was notified to the Claimant on or around (DATE), since this was caused solely by the level of disproportionate penalty charges. The Claimant’s request is made under the Data Protection Act 1998; section 14, which gives the power to the Court to order the removal of inaccurate personal data.)

 

 

[ammani]

At last i can update this thread, i was without my pc, as it gave up. I made a claim in court, against Capital One, and they wrote to me, offering to refund all my charges and interest total £243.64 and to remove the default notice that they put on my account.And although i had also requested £120.00 in damages, i agreed to their offer. Before letting the court know, i decided to contact the 3 credit reference agencies, to see if the default notice had been removed, as they had said.I was amazed to be told, that although, yes they had removed the default, they had added other information to my account, that was as damaging as a default! They claimed the account was not settled, even though it was, thus there was no date for the 6 years data protection limit and that all payments over the 3 year period of the account, were late. These are utter fabrications of the truth. I called the court, and they advised me to proceed through the courts, so i sent back the cheque sent to me, by capital one, with a covering letter, saying i would be proceeding through the court, and also claiming for damages.As yet heard nothing. But i am so angry, that i will not hesitate to take this through the court. They have not been able to send me a copy, of the default notice, something that i was never sent, in the first place, so default is unsubstantiated.

[elizabeth1]

ammani - Cap1 are totally mad really. They really do anything to spite people no matter how wrong they are - they'll never sincerely apologise.

 

Hang in there and let the Judge rule on this one cause it's really nasty what they have done to you. It's a pity you'd said what damages you wanted - cause Judge might allow further Damages in your favour.

 

You'll see in these threads that they sell the accounts to Debt Collection Agencies while in dispute, write defaults and all sorts of tricks while there are no CCA's in place etc.. - from what I have seen the CCA's they are trying to pass off as executed agreements are Application Forms and cut & Paste documents etc.. so are not enforceable at all. They really do pull some tricks to spite people.

 

The only way to deal with them is in court.

[pmhcfc]

subbing

[TANZARELLI]

Nothing surprises me with this lot of muppets. You are right to carry on.

 

Tanz

[ammani]

Hello all,

 

unfortunately i can no longer carry on! I called my local court, to see how i could proceed, as Cap One have not filed a defence. They said the Judge has ruled that all cases are to be stayed until outcome of the test case.So Cap One will not do anything now, so i cannot proceed. Am so annoyed about this.Was wondering what would happen if we all sent in the letter on the library site,contesting the stay. There must be something we can all do. Any suggestions!!