Smel V C1...refund plus remove default

[TANZARELLI]

Here is the exact letter sent to me yesterday from Cap1:

 

Page 1 - Covering Letter

 

Dear Miss Winner

 

Thank you for your letter dated xxx and returning your cheque to us (I think they mean their cheque).

 

Again, I must explain that Capital One has acted in accordance with the terms of your credit agreement throughout this matter and teh default is correct. If you fail to make a payment, we will report it to the credit reference agencies. If you to make a payment for a certain number of months, we will record a default.

 

However, in order to resolve this matter I will remove the default but your account will remain closed (why on earth would I re-open it??). It has to remain closed because there is a chance that it could re-report again if we allow you to use your account again (how thoughtful).

 

We are in no way saying that we do not want you as a customer (yeah right) but if you do want an account with us, you will need to apply again through the normal process.

 

I have enclosed a settlement form for you to sign and return to me if you are happy for me to go ahead and remove the default. I will send the cheque back to you on receipt of your settlement form. I must point out that this offer is made on a no admission of liability basis and in settlement of your county court claim numbered above.

 

I look forward to hearing from you shortly with your settlement form enclosed and your confirmation taht you will contact the court to discontinue the claim against us.

 

Page 2 - Complaint Settlement Form

 

I confirm my acceptance of Capital One's offer to remove the default from my credit file in settlement of my county court claim numbered above. I confirm that I will contact the court to confirm the settlement on a no admission of liability basis and in settlement of my claim.

 

Once Capital One receive this signed settlement form, I understand they will remove the default and my account will remain closed. Capital One will send a letter confirming the default is in the process of being removed and I will receive a confirmation letter to let me know when it has been completed. I also require Capital One to enclose the cheque for £xxx as previously agreed.

 

Signed....by me.....

 

Date........

 

For those following closely you may have noticed they have not refunded my £100 "compensation" I was claiming as damages as a result of the default. I have decided to let that go on the basis that:

 

1 - Although it is based on interest I have paid on failing to obtain a 0% credit card undoubtly because of the default it is still money that I did not expect to get.

2 - My aim of doing this claim was to get the default removed, it was not money orientated.

 

I will post my AQ info later when I'm home, in the meantime I'm writing my covering letter back to Cap 1.

 

Smel

 

ps still can't believe I've managed this - I hope so many others are this successful - What's in your wallet?!

 

Thanks smel,

 

I dont like the bit I have highlighted, couldn't we score this out??

[smel24]

Tanz, I completely agree but I didn't score it out - I'll leave it down to their conscience that they are claiming no liability. And if that's the case then the don't put up much of a fight!

 

I also wondered if this would reverse this decision by scoring it out?

[smel24]

Here is my Allocation Question info, I have listed it by section which will become clear if you're reading this with a blank AQ in front of you.

 

This is largely based on the other threads and standard info I have adopted from this website so don't take it as read - you too can adapt it - but at least this should help with some confusing bits:

 

A - Yes

B - Yes

I request that the claim be heard at (write your chosen i.e. local court) as I am a private individual claiming against a company who carries on business in this location, so the case should be held locally to myself.

C Part 2 - Yes

D - Enter the amount you are claiming for (Charges + interest only)

- Applications: No

- Witnesses: (Enter your name)

- Witness to which facts: As claimant, witness to all facts included within claimant's claim and all preceeding communication included as copies with claim

- Experts - No

- Track - Small claims track

E - 1 Hour

- No

F - Yes

- No

G - DO NOT FILL IN ON SMALL CLAIMS TRACK

H - Yes

- Yes

- Sent recorded delivery on (Enter date here)

- No

- In space below, set out any other information.....(now this is where I ramble and had to go on another sheet so go get a cuppa) delete bits marked in red as appropriate:

 

Please see attached response letter to Capital One; the letter is my full response to Capital One's letter dated xxxx and fully explains my position.

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the defendant in respect of its customer's contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs in return for the original cost difference and the removal of the default notice incorrectly placed.

Had the actual costs of the customer's contractual breaches been applied at the time of each contractual breach then I feel the account would never have reached the point of default. It is fact that charging excessive penalties is irresponsible of a professional financial lender.

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is the courts discretion to do so; I believe this would bring a rapid end to this litigation.

The continuing key problem in this is that as a result of the penalties I incurred, a default notice which has had and will have great financial inconveniences for me. The default notice was placed inaccuretly due to the disproportionate penalties in addition to myself not receiving an original notice of default to be given the chance to rectify the account at the time which included such penalties.

Sign and Date

Remember if you have to spill your information onto an extra sheet, write your name, claim no., form no. and section at the top of the sheet followed by Continued....

And again sign and date the bottom of this, then staple to your AQ form.

 

The only part I really wrote myself was the default information which I did go on for longer than I could have but I think this helped to get the point home.

 

Questions are welcome.....but right now I'm off to the pub!

[doo]

Thanks for posting this, I'm sure a bit later down the line it will be of great help to me and many others. Enjoy your night at the pub - I feel a celebration drink is in order, well done.

[TANZARELLI]

Thanks smel

 

I think you deserve a drink, hope you had one for me too.

 

I have used the new section G bit below, but will add some extra about the default:

 

The Claimant proposes the attached draft order for directions, for the courts due consideration. If ordered, the Claimant believes these directions will allow the overriding objective's to be furthered in that they will fully identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expediously.

 

The crux upon which this claim rests is the true cost incurred by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's.

 

In the event that the Defendants charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.

 

Tanz

[elizabeth1]

Congratualations Smel - so glad you won this and got your default removed - my own case with Cap1 is very similar in that it's more about the default than the money etc..

 

WELL DONE!!!

[TANZARELLI]

Congratualations Smel - so glad you won this and got your default removed - my own case with Cap1 is very similar in that it's more about the default than the money etc..

 

WELL DONE!!!

 

Hows yours going lizzy just out of interest?

[elizabeth1]

Hows yours going lizzy just out of interest?

Still battling with them - seems they don't know when to give up!!!

[smel24]

That sounds really good Tanz - you didn't need my help at all !

 

And yes I think I had a drink for everyone on Friday night...bit of a lazy weekend it was for me...

 

Good luck Lizzy, what stage are you at? At least this shows perseverance will prevail

[elizabeth1]

That sounds really good Tanz - you didn't need my help at all !

 

And yes I think I had a drink for everyone on Friday night...bit of a lazy weekend it was for me...

 

Good luck Lizzy, what stage are you at? At least this shows perseverance will prevail

 

Smel - mine has got to AQ and CAp1 were late filing theirs - court ordered them to file and gave them an extra 2 weeks to do so etc.. - they have filed theirs now - so I am waiting for directions from court now etc..

 

Cap1 sure like to drag their feet?? They won't win this one as they have failed to comply with so many things and the charges too - they don't have a leg to stand on basically - but they are doing their "power" thing to try bully me - I just wait now till they see sense - cause all they've done is allow me to build my case step by step showing how they failed miserably at every step of the way!! Nevermind - I suppose they just like to feel important and powerful? They soon back down once judge gives them directions - they'll come to heel then

[blackd2103]

Well done Smel!!!!! There's hope for the rest of us

 

I WON I WON I WON!!!!! :grin:

 

Mods please move this thread onto CAPITAL ONE SUCCESSES!

 

Tanz are you there? - I've just WON!!!!

 

I'm so excited and there's no-one here at home to celebrate with!

 

To clarify I have won back my charges PLUS they are removing the default notice!

 

I really didn't think Capital One would budge but with a little determination I got there.

 

I have some thanks to give:

Jonni2bad, GaryH, Al, MartinPar, Nattie, DS, Armsoft, I'm sure there are others but most importantly thanks Tanzarelli and the fabulous CAG website!

 

I will of course make my donation and the cash will go going on debts to make way for my flat deposit savings!

 

Thanks again - I love you all!!!!

[smel24]

Thanks blackd2103

 

Lizzy I can't believe the court gave them an extra 2 weeks - why, when there's a clear deadline?! You're clearly onto a winner though, have fun with it!

 

Thanks to whoever clicked my scales - my first one!

[smel24]

Well the cheque came through the letterbox yesterday (I'm enjoying coming home to cheques)! The covering letter was also suprisingly helpful and I quote:

"...as agreed and if you have not done so already, please notify the court of settlement. Alternatively, please let them know we are settliong and notify them to discontinue the claim once you receive the letter from our credit file amendment team."

How very patient of them

 

Apprently they can only make credit file amendments at certain times of the month and the next one is March 2nd so I'm going to wait to start my free trial of 30 days then! I will still check all three credit agencies though.

[elizabeth1]

Thanks blackd2103

 

Lizzy I can't believe the court gave them an extra 2 weeks - why, when there's a clear deadline?! You're clearly onto a winner though, have fun with it!

 

Thanks to whoever clicked my scales - my first one!

 

I think courts are just so overworked with this stuff anyway - which is how they are getting away with it??

 

You should have see the bundle I sent to court yesterday to update my claim file - I was really annoyed.

 

On top of this on the AQ (after this 2 week extended time) CAP1 only go and tell court the monetry side of it has already been settled = which is lies as they've handed it to Lowell's for full amount I have had letter's off Lowell's and off Cap1 showing this has been passed on - so I have made my point to court that CAP1 have no intentions of sorting any of it out and are not being truthful in that the monetry side of claim is settled because it isn't. Oh!!! and they had cheek to ask for a month stay on it

all too!! (they are really taking the P" in a big way?? really abusing the court systems aren't they?) I am hoping the letters I have sent to judge show the "untruths" going on etc.. and Directions to make them disclose etc.. and sort this out cause I am getting pretty cheesed off with them time wasting.

 

They don't stand a chance really and they have messed up big time - why they don't just hold their hands up I shall never know!!! Cap1 are never going to win this ever!!! They wasted their time trying to weedle their way out of it and gave me the opportunity to build my case and WIN!!! It's just a matter of time!! So I am quite happy really as I have everything I need to present my case to win now!! And I sure will enjoy this one!!!!

[TANZARELLI]

Keep at them lizzy, it'll be worth it in the end.

 

Tanz

[smel24]

Thanks for the reputation clicks!

[Andy Williams]

Hello all,

 

this is a great thread and has inspired me to take on Cap One for refund and default removal. ( I didn't receive default notice either.)

 

I will start my own thread shortly but in the meantime I need some advice. I sent the LBA and received the standard goodwill offer of £364 from Mr Udy. (I'm claiming £1180). However the accompanying settlement form was addressed to someone else in Glascow offering £231. What should I do on the basis that the idiots have sent me someone else's private correpondance?

 

Presumably they have also sent my letter to someone else!!

[doo]

smel24, am just getting my poc ready, hope to file court claim on Monday, am also going to default removal so am reading your default bit at the moment, I did know I was going to be defaulted and paid so that it would not happen, but guess what, it did not arrive in my account in time, although it left my account a couple of days earlier, money was obviously in no-mans-land. Not sure if I received confirmation that default was put on credit file though, any thoughts?

[TANZARELLI]

smel24, am just getting my poc ready, hope to file court claim on Monday, am also going to default removal so am reading your default bit at the moment, I did know I was going to be defaulted and paid so that it would not happen, but guess what, it did not arrive in my account in time, although it left my account a couple of days earlier, money was obviously in no-mans-land. Not sure if I received confirmation that default was put on credit file though, any thoughts?

 

Try checking on here: https://www.creditexpert.co.uk/UK/order1_1.aspx?sc=410006&bcd=interactivehomepage1

 

Free 30 day trial.

 

HTH Doo

 

Tanz

[doo]

Thanks Tanz

[scarlett79]

Hi ive done my SAR to crap 1 and am waiting to post it i also have a default i want removed so do i need to send anything else with my SAR letter?. Also my debt got passed to capquest with the default, on here ive read some where that they are not allowed to do that, they should have taken it off and capquest should have issued their own. For this some lady recieved £500 comp for tarnishing her credit file. Anyway im a bit confused as what steps to take regarding sending anything else with my SAR any help would be gladly recieved.

[smel24]

Hi scarlett79

 

Sorry for the late reply but no you don't need to add anything regarding your default in your SAR.

 

However, it is good to send a CCA request which you'll find in the templates library. I have found mixed views on whether they (Crap one or any company) should include a copy of the default as the CCA requests but it's always good to have a response too thinking ahead for your claim.

 

In terms of the passing on of the default I have no idea about this I'm afraid! :-?

 

Hope some of that helps

[smel24]

Well it's been a while...work, sick etc.

 

But Crap One did remove the default notice as promised and I have discontinued the claim which is a great feeling.

 

Whilst checking my credit report I did notice a couple of clerical errors too so I can sort those out while I'm at it.

 

I'm not sure how long it took Crap One to remove the default but it wasn't long.

 

Smel

[Armsoft]

Hi ive done my SAR to crap 1 and am waiting to post it i also have a default i want removed so do i need to send anything else with my SAR letter?. Also my debt got passed to capquest with the default, on here ive read some where that they are not allowed to do that, they should have taken it off and capquest should have issued their own. For this some lady recieved £500 comp for tarnishing her credit file. Anyway im a bit confused as what steps to take regarding sending anything else with my SAR any help would be gladly recieved.

 

Scarlett,

I believe you will find that only the `Debt` will have been sold on to capquest, the Default will be owned and updated by Cap1.

The last thing you would really want is for Cap1 to take the Default Off and then capquest put a new one on, as the new one would start the 6 year retention period off again, and as capquest only own the debt they would not be able to record anything with the CRA as the CRA retain Account Information, and your account was/is with cap1

Hope this is of help

[TANZARELLI]

Well it's been a while...work, sick etc.

 

But Crap One did remove the default notice as promised and I have discontinued the claim which is a great feeling.

 

Whilst checking my credit report I did notice a couple of clerical errors too so I can sort those out while I'm at it.

 

I'm not sure how long it took Crap One to remove the default but it wasn't long.

 

Smel

 

They agreed to do mine but not heard from them as yet.

 

Tanz