Capital One Credit Agreement is it legal?

[Jhawc24]

Have written to Capital One four times asking them to retract the default! They are not playing ball!

[noomill060]

Subscribing.

 

Send them a CCA 1974 s.78 request for a true executed copy of your original agreement.

 

It is possibly invalid (most are), in which case they do not have cause to process your data to anyone.

[Jhawc24]

I already have a copy they sent it when I made a SAR request. Not sure how I scan it onto here though - will try to fathom it out

[Jhawc24]

This is a copy of the credit agreement that I received when I made my S.A.R - (Subject Access Request) request last year (in the early days). Since I have received all my charges back plus interest in full. But they did default my account after I issued court summons and refuse to remove it. Is this a legal CCA? Any advice greatly appreciated, Joan.

[Jhawc24]

Last year with the help of CAG I was successful in reclaiming penalty charges from Capital One. http://www.consumeractiongroup.co.uk/forum/capital-one/5415-jackson-capital-one.html

 

So this year I am keen to help my oh gain back some penalty charges, including Capital One.

 

So far have sent off SAR and received a list of charges and interest. How things have changed I got a complete set of statements, including all those screen shots and a copy of my (?) CCA - which I suspect isn't legal but will go into that elsewhere.

 

So have now sent off prelim letter, have received today an offer of settlement of complaint (interesting no longer states full and final settlement), as standard the difference between £20 and £12. Oh and £10 towards the interest charged. The letter also states that as they have now sold the debt on they don't report anything about it to the credit reference agencies - does this mean the default remains or not. Not very clear.

 

This letter is from Ellie Renshaw - whatever happened to Mr Uddy .

 

So just using template letter to accept as partial settlement and will stay with timescale and follow up with LBA.

 

Any comments, advice, kindly appreciated, Joan

[Alphageek]

All of my letters have been from Ms Renshaw.

 

If CapOne entered the default, then I think it is only they that can instruct the CRAs to remove it. So, keep the default removal part of your claim.

 

Good luck.

[Jhawc24]

Meanwhile back at the ranch . Have sent out LBA letter today plus accept their offer as part settlement only. Should imagine will get their standard response, offer same amount again and refusal to offer the rest.

 

Regards, JJ

[Jhawc24]

Have just checked my o/h's credit file as he is claiming back charges from cap 1 plus removal of default. On checking the original default (date remains the same) is now under the company name of Lowell Portfolio and no longer Capital One.

 

I know Lowell have bought the debt. Have sent the LBA letter to Cap 1 for refund and removal of default today. The did offer the usual part settlement. So who is now responsible to remove the original default? Can I still pursue Cap 1 to remove it? I'm as usual a little confused .

 

Regards, Joan

[dx100uk]

cant see why not, though you will need to prove that the default was SOLELY due to their unlawful charges and you will need to provide evidence too.

 

dx100uk

[Jhawc24]

The original default amount is almost £15 higher than the total amount disputed including charges and interest.

 

So who removes the default Capital 1 or Lowell??

[Alphageek]

Yes, that's what I just received from them.

[Jhawc24]

I reclaimed charges from Capital One back in October 2006, they decided to put a default on my file during the dispute. When thy repaid the charges this satisfied the default.

 

I have written to them previously on this matter stating that under the Banking code they cannot give information to the CRA's when an account is in dispute. I never got anywhere with this. I also made a complaint to the ICO and they basically wouldnt take it any further either.

 

Unfortunately I have lost all my original letters due to pc crash, so cannot remember dates, etc.

 

Like many I have decided this year I am going to clear my credit report, this being the only default on there. So any pointers in the right direction would be gratefully accepted.

 

Regards Joan

[Jhawc24]

This topic was closed on 09 March 2019.

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