CO will repay charges but no remove default.

[carlih1]

Hi

 

i have taken Capital one to courrt for unlawful charges they wrote to me saying they would refund the charges but would not remove the default. They said:

 

"With regards to your request for us to remove the default from your credit file. I cannot agree to this request, as we leegally have to record a true puicture of the payment history of your account. The default was not a direct result of the fees we added to your account. You regualrly used your card for purchases and if you accept my offer to refund £***.** back to your account, you'll still have a genuine balance of £***.** to pay."

 

Can they do this?

 

They are also asking for confidentiality agreement?? should i agree to this

 

Thank you for your help

 

 

Carli

[jonni2bad]

They can do this, but it's only an offer, you don't have to accept!

 

I think you should reply by stating that you will accept the payment only on the basis that you will still persue the removal of the default, in court if necessary.

 

Tell them that you would be willing to accept a confidentiality agreement, but only if they remove the default, and award a payment for confidentiality - whatever you see fit, but why not £5000 ? You might think it's worth more....

[BankFodder]

If yo did not include the issue of the default in the claim then you can not impose it as a condition at this stage. You can only insist on receiving what you have claimed and no more.

 

If they they are offering to settle your claim but are attaching a condition of confidentiality then you do not have to accept this and you can proceed to court as you are entitled to have your claim met in full and unconditionally.

 

If the deafult represented a debt comprised soley of charges at the time the default was made then i would advice you to challenge it useing the DPA mechanisms. read the FAQ in the library and the s.10 template.

 

I would suggest that you start off with the s.10 notice and then proceed with a court claim.

get your money back forst before you start any of this.

 

If you want to let us know a bit more about the figures then maybe we can give you more specific advice.

[carlih1]

Thank you jonny2bad and bankfodder,

 

I will do as you suggest, settle the account with regards to the money and the confidentiality and then persue the default, is this the most reccomended method?

 

I was going to ask for them to reinstate my card and interest? Would this work.

 

The default is on the claim, as the claim is made up of £570 in charges and £324.51 as a balance remaining after repayment. THis is more than half of the balance as you can tell.

 

I have looked at the FAQ's quickly and will re-read the section 10 template.

 

Any further suggestions would be very much appreciated.

 

Carli

[Robertxc]

I think you will be seriously pushing your luck asking them to re-instate your card, and I'd be amaed if they did.

 

Do I understand correctly that the mount you've recovered is less than the amount you owe? If so, then don't be surprised if they only agree to amend the default notice to the actual amount.

[Don Quioxte]

get your money back first before you start any of this.

quote]

 

Absolutely.

 

I think chances of removal of the default are slim at best. Let us not forget however, that if the Capital One default is the only marking on your credit file that is seriously impacting your ability to get credit, then you can get Experian to mark the file with a "notice of correction" under that particular entry.

 

the notice of correction would enable you to highlight to lenders the fact that you settled out of court/or concluded IN YOUR FAVOUR with Capital One as per this debt. Whilst the note would not impact against computer credit scoring, it would enable you to discuss with potential lenders the circumstances surrounding that particular default...

 

just a suggestion? Get the money back first though!!

[carlih1]

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