Alphageek Vs Capital One ***WON***

[WendyB]

If I were you I'd pay the minimum amount you can get away with to stop them defaulting you. Once a default is on your file they don't like removing it, and beleive me they're really sharp about putting defaults on. drp of a hat is the term I'd use. If you have to include a default removal in your claim it takes longer and is more of a pain in the butt. Then file your N1 for your charges, purchase interest etc. You won't get anywhere with them until you do, then on past form they pay up fairly quickly after filing the N1. No point talking to them on the phone, they'll stick by the party line and you won't get anywhere.

[WendyB]

In that case you should hear from Capital One soon, with a Goodwill Offer, probably all of the charges, your Purchase Interest, 8% and court fee. The winning post is in sight:D

They always say they'll defend but they never actually do. Although I have recently had a copy of what can only loosely be called a defence - received after they'd sent a cheque in settlement.

Also received their completed AQ yesterday-I've already discontinued the claim, so just shows how disorganised they are.

[WendyB]

Yes but if they were any good at their jobs it would take us longer to get our money! So thank god for disorganisation!

[WendyB]

I think the advice would be to wait till you actually receive their cheque, then discontinue the claim. However, if there's a default, you need to keep the claim whole, otherwise you'll find it harder to get the default removed I think. MKAndy and Rory 32 would be good to advise you on this, my own claim was not about default so i'm not too clear on it to be honest. But congrats on what you've done so far, anyway:D

[WendyB]

Computer having a turn

[WendyB]

Capital One staff use this as email: [email protected] as far as I know

[WendyB]

from letters they sent

[WendyB]

Well thats pretty straight talking of them. Doesn't look like they're gonna budge on it. Not sue what to say really. If there were late payments before you started all this, then I suppose they have a point in not removing those. As for the ones during your battle with them, I'm not so sure about that. Although if they didn't provide a true CCA then you would have a case for it being unenforcable and not paying. But then again, its either charges or unenforceable. so as you've got your charges back now, that chucks the unenforceable out the window.

 

TBH, if it was me I'd give up now. late markers aren't half as serious as a default, and a judge might not look as kindly on the claim if you proceed, having had everything else back.. Just my opinion. And you can add a statement to the credit files explaining that the payments were late because you were disputing the account.

[WendyB]

late markers show the number of times you've been late with a payment during the last 12 months I think it is. If you look up your credit file, there's a key at the bottom which explains what each one means. So it shows that although you were late, at least it was paid.

Defaults show up as an 8. Defaults mean you have been seriously behind and there is a balance outstanding.

Late markers won't do your credit rating much good, but not as bad as a default and will disappear quicker than a default would, as a default stays there for 6 years.

I hope that makes sense. There's probably a much better explanation, but my brain isn't working - its been a long day!

And if you were late with payments beforehand, then there's not really any justification for getting them removed, so they won't move on that one. You can add an explanation onto your credit file giving reasons if you wish to.