Capital One Default removal request(Progress so far)

[tomlittley]

Hi All

 

I'm in the progress of trying to get a default removed from my credit file which was put on by Capital One on the 3rd March 2007. My situation is that I had an account with Capital One in 2004 with a credit limit of £300.00, due to my financial circumstances at the time(and a little bit of hiding my head in the sand syndrome) i missed payments late 2006/early 2007 which led them to entering a default against me. I settled this straight away; but the default still stands although with "settled" alongside. I then applied for another credit card with Captial One last year to which I was accepted with a £1000 limit. This account is paid on time every month.

I recently sent Captial One a request for the CCA and the true signed copy of the default notice on my old credit card account. The letter clearly marked my old account number and former address to which I held the account under. They have however replied with the CCA for my current credit card account and an extra line to advise me not to use a Dept Management company to get my dept written off. I have replied with the letter below, does anyone have any opinions or advise? Thanks

Mr Liam Quegan

Head of Executive Response Centre

Capital One (Europe) Plc,

Executive Office,

P.O. Box 5281,

Nottingham,

NG2 3HX

Your Ref :

23rd May 2011

Account number – XXXXXXXXX2062

Belonging to: Mr

Dear Liam

Thank you very much for your letter dated 16th May 2011, received 23rd May 2011.

However your response is not in relation to my request. I have highlighted the account details above and included another copy of my original letter dated the 10th May 2011. Just to reiterate, I have no concerns to how my current credit card account is running (Account ending 1723) and have no plans to use a “Claims Management” company to get my dept written off. I will continue paying as per my agreement. Just so there is no more confusion, please see below for extracts from my credit report for the account I have requested information on:

It is the 'Default' notice that I am very concerned about because I have no recollection of ever receiving such a notice.

The three questions in the original letter dated 10th May 2011 specifically relate to this point and request you to substantiate this information. Could you therefore answer in full the questions contained in the 10th May 2011 letter of which I enclose a copy. I have already sent you a postal order for £1.00 to cover your costs, to which you duly supplied incorrect information.

Just as a reminder, it is your duty to comply with my requests under law and within the allotted time of 28 days from the date of my original letter.

Yours sincerely

[silverfox1961]

Hi

When you say you 'settled this straight away', was this within the time limit stipulated on the default notice or when you became aware of the default?

[Jamesx81x]

Hi

 

If you mean you settled after the default remedy date then am afraid there is not alot you can do as the default entry has been correctly recorded.

 

They will have proof of your payments which is all they need and you have admitted to owing the money.

 

A cca request is only relevant regarding enforceability issues but as you have paid in full it is irrelevant. They are also allowed to report data to the CRA's under OFT guidelines providing the data is correct

[tomlittley]

Hi

When you say you 'settled this straight away', was this within the time limit stipulated on the default notice or when you became aware of the default?

 

The default went on in March 2007 and I settled in the May 2007, this was after I realised that I was in trouble. I genuinely don't recall seeing the default notice.

 

Thanks

 

Tom

[Jamesx81x]

Then your best bet is to do a SAR which should produce all paperwork

 

Once you have it you can then check it has been set out correctly ie correct figure, 14 days given etc

[silverfox1961]

I bet once you got a copy of the account history, it would show a default was issued. They don't have to prove it was sent-just issued. IMO this is wrong as I think they should at the very least have proof it was posted

 

If you rectify a default within the period stipulated on a DN then it would be as if the default had never happened but as you say the default went on in March 07 and you paid in May, this was outside of the time limit and the default will stand unless you can prove it was never issued

[tomlittley]

Hi

 

If you mean you settled after the default remedy date then am afraid there is not alot you can do as the default entry has been correctly recorded.

 

They will have proof of your payments which is all they need and you have admitted to owing the money.

 

A cca request is only relevant regarding enforceability issues but as you have paid in full it is irrelevant. They are also allowed to report data to the CRA's under OFT guidelines providing the data is correct

 

Hi James

 

TBH this is a bit of a wing and a prayer to get the default removed from my file after reading the thread on removing defaults on the CAG. I understand that a cca request on its own would not be enough to get a default removed; but I also asked for a "true signed copy" of the default notice, I was read this is essential to the enforcing a default. Maybe I'm wrong; but I have nothing to lose. I just know that me and the wife are due our first child in September and we need a re-mortgage to get our living costs down, so I'm willing to give anything a whirl. At the moment I have one default of £460 and another for just £104 standing in my way.

Thanks for your advice

[Jamesx81x]

I agree anyone can say a notice was issued but without a copy of the original how does it give the consumer the chance to see if it was issued correctly and within the regulations

 

If a creditor cannot produce the agreement it cannot be enforced so therefore if they cannot produce a default notice then it should not be allowed to be placed on your credit file

 

Unfortunately the CRA's side with the creditor another massive flaw within consumer protection in my view

 

Try a Sar and see what comes back as if their were charges added you can argue the default was incorrect due to that fact whether they can provide a copy or not

[tomlittley]

I agree anyone can say a notice was issued but without a copy of the original how does it give the consumer the chance to see if it was issued correctly and within the regulations

 

If a creditor cannot produce the agreement it cannot be enforced so therefore if they cannot produce a default notice then it should not be allowed to be placed on your credit file

 

Unfortunately the CRA's side with the creditor another massive flaw within consumer protection in my view

 

Try a Sar and see what comes back as if their were charges added you can argue the default was incorrect due to that fact whether they can provide a copy or not

 

Thanks James, I will see what it throws up, I'm not ready to give up just yet.

[queensclose]

Hi

When a default is issued. How is served. Via email or post

 

Just interested

[tomlittley]

By post, I wouldn't of thought they could send any sensitive data via e-mail just in case it went to the wrong recipent.

[queensclose]

Just interested. For example some who does online banking would it be served sending it to their online messages.

[Jamesx81x]

No they cannot serve in that way

 

It has to be in document form and served by post

[tomlittley]

Just a quick update for anyone that is intrested. I received a call on my mobilie today from Capital to discuss my recent letter. The lady on the phone was very pleasent; but sounded a tad meekly. She asked for more information on my previous Captial One account, which I was only able to give vague details. She explained that they were struggling to find any details relating to the account, so were finding it difficult to respond to my request for a CCA and Default notice. I said that if that was the case, would you please consider wiping the default from my credit file? She said she could not make that decsion and would have to esculate the matter to another department. Upshot is, I checked my credit file when I got home, low and behold the default has gone! Good work Captial One. 2 down 1 more to go yay

[silverfox1961]

Well colour me happy, that is a turn up for the books. Cap1 removing a default!

 

I would still maintain a close check on your file to make sure it doesn't reappear

[tomlittley]

I certainly will Silver. Funny thing is, that I only sent a letter via recorded delivery yesterday morning to say that they had not responded to my CCA and default notice request within the alloted time. I added that I would be esculateing the matter to the relevent people if I did not get a responce withing the next 7 days. I received the call from Captial One at 10 am this morning and the default removed by 6.30. The power of word eh?

[Jamesx81x]

Well done

 

You will find if they have no records then they will realise they have no viable prospect of backing up any of their claims. They usually are a pain in the rear but looks like you got them on a good day

[BRIGADIER2JCS]

I suddenly believe in miracles:flypig: and flying pigs.

[wittsend]

I have always belived in flying pigs, magic and unicorns, miracles ?? not to sure

 

well done on the removal xx

[The Debt Star]

I would still maintain a close check on your file to make sure it doesn't reappear

 

Yep, and check with all THREE main CRAs too.

[tomlittley]

:-xWhy enjoying my obligatory Saturday morning bacon sandwich a letter dropped through door from my friends Cap1, basically explaining to me that they have a divine right over responding to section 78 requests and that they refuse to remove the default from my credit file. Completely baffled I opened my Experian credit report to my horror the dreaded default has reappeared. To say I'm mad is an understatement:mad2:

After I'd calmed down a little (Sometime on Sunday night) i read the rest of the contents of the letter. They list the date that the default letter was sent to me, with the amounts and when the default was entered against me. They then go on to profess how they are whiter and white and are only accurately reporting on how my credit card ran. They also said that they had passed my CCA request to their section 78 team(who would respond when they can be a***d if at all) I'm just at a complete loss to how these people get away with noncompliance and think they are above the law. I'm on the verge of giving up; but maybe I'll have one more go.

Something seems unjust that they entered the default for £460 of which £160 was down to late payment charges. Am i right in thinking this is wrong? other and that I might write and say that I did not ask for the default to be removed but merely request my CCA and default notice to which they have not supplied(36 days so far) anyway, I’m off to pick a fight with a small guy.

[Jamesx81x]

Well firstly did you not say they sent you the default by email? As if they have put they posted it this shows they are lying.

 

Secondly i would reclaim the charges as credit card charges can be reclaimed, once this has been done this will automatically make the default notice incorrect due to it containing the charges and will have to be removed.

 

Only way they can re-issue an updated default notice is if the agreement is still running

[tomlittley]

Thanks James for replying.

 

No James it was someone on my thread who was asking if a default could be sent via e-mail. You have just given me a boost with your suggestion of claiming my late payment back. Is it more difficult now to claim these charges or is it just bank accounts they have tightened up on?

 

Thanks again, feeling a little happier now. Maybe I'll leave giving the small chap a pasting lol:jaw:

[Jamesx81x]

They will give you the OFT speil no doubt when you claim but it does not count towards credit card charges ppi and all the rest, only bank charges.

 

You may need to go to the FOS over it but you will get the charges back plus interest

[Jamesx81x]

Oh and if it does go to the FOS which it more than likely will then ask for the default entry to be removed as part of the complaint due to the grounds i stated above