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Funhat vs Capital One


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I'm in a bit of a quandary.


Capital One defaulted me for £750 and I went through the DPA/Pre Lim/LBA a while back but lost the statements in a move.


What I'm puzzling over is should I go for the CCA + Default Notice route or should I claim the charges with the default removal in the PoC as the charges accounted for well over 65% of the balance.


If I went the charges route, how would the default removal pan out if they settled early?


The money is trivial in this, I'd really like the default gone as that's going to be more beneficial to me over the future.



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ON what basis would you ask for the default to be removed if you didn't recalim charges (ie default would not have happened if there were no charges) - are you hoping they would not be able to produce a copy of a properly executed agreement?


There isn't (shouldn't be) a problem with them settling early - it takes two to settle - you just wouldn't agree to it unless removal of the default was part of the deal



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I would request they send me a copy of the CCA and the default notice as I can't recall receiving one.


I think I might just go the charges route as if it came to court I think it would be easier to persuade that the bulk of the debt was charges etc

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