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How to get back on the credit ladder

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  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Marcellep,

    Below is the letters you will send to the CRA's. Simply copy and attach a copy of all other letters to this and send them off. No need to do this recorded - just send via normal Royal Mail. The CRA's have no reason to deny receipt, at this stage!


    Letter to send Experian:


    Letter to send Experian

    Experian Ltd
    Customer Support Centre
    PO Box 8000
    Nottingham
    NG80 7WF


    Dear Experian,

    Ref: 12345678

    I write with reference to an ongoing complaint with Capital One and their unlawful addition of a default notice against me.

    It is quite evident from the attached correspondence that Capital One do not follow simple guidelines and as a result I am left with no option but to pursue legal action against them, however in the meantime, as you can see from the attached correspondence, the default registered by Capital One is in fact unlawful and a clear breach of sections 87 & 88 of the Consumer Credit Act 1974, i'd like you to consider immediate removal of the default whilst this matter is being investigated by the relevant governing bodies, bearing in mind you are classified as the data processor and can be held liable to any libel litigation I may puruse.

    I quote:

    87 Need for default notice

    (1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,
    (a) to terminate the agreement, or

    (b) to demand earlier payment of any sum, or

    (c) to recover possession of any goods or land, or

    (d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

    (e) to enforce any security.
    (2) Subsection (1) does not prevent the creditor from treating the right to draw upon any credit as restricted or deferred, and taking such steps as may be necessary to make the restriction or deferment effective.

    (3) The doing of an act by which a floating charge becomes fixed is not enforcement of a security.

    (4) Regulations may provide that subsection (1) is not to apply to agreements described by the regulations.

    88 Contents and effect of default notice

    (1) The default notice must be in the prescribed form and specify
    (a) the nature of the alleged breach;

    (b) if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;

    (c) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.
    (2) A date specified under subsection (1) must not be less than seven days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those seven days have elapsed.

    (3) The default notice must not treat as a breach failure to comply with a provision of the agreement which becomes operative only on breach of some other provision, but if the breach of that other provision is not duly remedied or compensation demanded under subsection (1) is not duly paid, or (where no requirement is made under subsection (1)) if the seven days mentioned in subsection (2) have elapsed, the creditor or owner may treat the failure as a breach and section 87(1) shall not apply to it.

    (4) The default notice must contain information in the prescribed terms about the consequences of failure to comply with it.

    (5) A default notice making a requirement under subsection (1) may include a provision for the taking of action such as is mentioned in section 87(1) at any time after the restriction imposed by subsection (2) will cease, together with a statement that the provision will be ineffective if the breach is duly remedied or the compensation duly paid.

    87(1) of the CCA clearly states that a default notice must be served before the creditor or owner can become entitled, by reason of any breach by the debtor. As they have failed to, and continually ignore my request to, send a default notice to me then they are in clear breach.

    You'll notice I have attached copies of my last 3 attempts to obtain sight of the alleged 'default notice' and Capital Ones response. As I have now taken this a step further, a copy of my letters to the ICO, FOS & OFT are also attached for your perusal.

    Please ensure immediate removal of this default and speak to Capital One yourselves and try to obtain a copy of the default notice? As you are aware, if they cannot substantiate the accuracy of the data to you then you have an obligation to act; by removing the incorrect data registered.

    I look forward to your response within the next 21 days.

    Yours faithfully,
    marcellep


    Letter to send Equifax:


    Letter to send Equifax

    Equifax Plc
    Credit File Advice Centre
    PO Box 1140
    Bradford
    BD1 5US


    Dear Equifax,

    Ref: 12345678

    I write with reference to an ongoing complaint with Capital One and their unlawful addition of a default notice against me.

    It is quite evident from the attached correspondence that Capital One do not follow simple guidelines and as a result I am left with no option but to pursue legal action against them, however in the meantime, as you can see from the attached correspondence, the default registered by Capital One is in fact unlawful and a clear breach of sections 87 & 88 of the Consumer Credit Act 1974, i'd like you to consider immediate removal of the default whilst this matter is being investigated by the relevant governing bodies, bearing in mind you are classified as the data processor and can be held liable to any libel litigation I may puruse.

    I quote:

    87 Need for default notice

    (1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,
    (a) to terminate the agreement, or

    (b) to demand earlier payment of any sum, or

    (c) to recover possession of any goods or land, or

    (d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

    (e) to enforce any security.
    (2) Subsection (1) does not prevent the creditor from treating the right to draw upon any credit as restricted or deferred, and taking such steps as may be necessary to make the restriction or deferment effective.

    (3) The doing of an act by which a floating charge becomes fixed is not enforcement of a security.

    (4) Regulations may provide that subsection (1) is not to apply to agreements described by the regulations.

    88 Contents and effect of default notice

    (1) The default notice must be in the prescribed form and specify
    (a) the nature of the alleged breach;

    (b) if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;

    (c) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.
    (2) A date specified under subsection (1) must not be less than seven days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those seven days have elapsed.

    (3) The default notice must not treat as a breach failure to comply with a provision of the agreement which becomes operative only on breach of some other provision, but if the breach of that other provision is not duly remedied or compensation demanded under subsection (1) is not duly paid, or (where no requirement is made under subsection (1)) if the seven days mentioned in subsection (2) have elapsed, the creditor or owner may treat the failure as a breach and section 87(1) shall not apply to it.

    (4) The default notice must contain information in the prescribed terms about the consequences of failure to comply with it.

    (5) A default notice making a requirement under subsection (1) may include a provision for the taking of action such as is mentioned in section 87(1) at any time after the restriction imposed by subsection (2) will cease, together with a statement that the provision will be ineffective if the breach is duly remedied or the compensation duly paid.

    87(1) of the CCA clearly states that a default notice must be served before the creditor or owner can become entitled, by reason of any breach by the debtor. As they have failed to, and continually ignore my request to, send a default notice to me then they are in clear breach.

    You'll notice I have attached copies of my last 3 attempts to obtain sight of the alleged 'default notice' and Capital Ones response. As I have now taken this a step further, a copy of my letters to the ICO, FOS & OFT are also attached for your perusal.

    Please ensure immediate removal of this default and speak to Capital One yourselves and try to obtain a copy of the default notice? As you are aware, if they cannot substantiate the accuracy of the data to you then you have an obligation to act; by removing the incorrect data registered.

    I look forward to your response within the next 21 days.

    Yours faithfully,
    marcellep


    Letter to send Call Credit:


    Letter to send CallCredit

    Call Credit Plc
    Consumer Services Team
    PO Box 491
    Leeds
    LS3 1WZ


    Dear CallCredit,

    Ref: 12345678

    I write with reference to an ongoing complaint with Capital One and their unlawful addition of a default notice against me.

    It is quite evident from the attached correspondence that Capital One do not follow simple guidelines and as a result I am left with no option but to pursue legal action against them, however in the meantime, as you can see from the attached correspondence, the default registered by Capital One is in fact unlawful and a clear breach of sections 87 & 88 of the Consumer Credit Act 1974, i'd like you to consider immediate removal of the default whilst this matter is being investigated by the relevant governing bodies, bearing in mind you are classified as the data processor and can be held liable to any libel litigation I may puruse.

    I quote:

    87 Need for default notice

    (1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,
    (a) to terminate the agreement, or

    (b) to demand earlier payment of any sum, or

    (c) to recover possession of any goods or land, or

    (d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

    (e) to enforce any security.
    (2) Subsection (1) does not prevent the creditor from treating the right to draw upon any credit as restricted or deferred, and taking such steps as may be necessary to make the restriction or deferment effective.

    (3) The doing of an act by which a floating charge becomes fixed is not enforcement of a security.

    (4) Regulations may provide that subsection (1) is not to apply to agreements described by the regulations.

    88 Contents and effect of default notice

    (1) The default notice must be in the prescribed form and specify
    (a) the nature of the alleged breach;

    (b) if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;

    (c) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.
    (2) A date specified under subsection (1) must not be less than seven days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those seven days have elapsed.

    (3) The default notice must not treat as a breach failure to comply with a provision of the agreement which becomes operative only on breach of some other provision, but if the breach of that other provision is not duly remedied or compensation demanded under subsection (1) is not duly paid, or (where no requirement is made under subsection (1)) if the seven days mentioned in subsection (2) have elapsed, the creditor or owner may treat the failure as a breach and section 87(1) shall not apply to it.

    (4) The default notice must contain information in the prescribed terms about the consequences of failure to comply with it.

    (5) A default notice making a requirement under subsection (1) may include a provision for the taking of action such as is mentioned in section 87(1) at any time after the restriction imposed by subsection (2) will cease, together with a statement that the provision will be ineffective if the breach is duly remedied or the compensation duly paid.

    87(1) of the CCA clearly states that a default notice must be served before the creditor or owner can become entitled, by reason of any breach by the debtor. As they have failed to, and continually ignore my request to, send a default notice to me then they are in clear breach.

    You'll notice I have attached copies of my last 3 attempts to obtain sight of the alleged 'default notice' and Capital Ones response. As I have now taken this a step further, a copy of my letters to the ICO, FOS & OFT are also attached for your perusal.

    Please ensure immediate removal of this default and speak to Capital One yourselves and try to obtain a copy of the default notice? As you are aware, if they cannot substantiate the accuracy of the data to you then you have an obligation to act; by removing the incorrect data registered.

    I look forward to your response within the next 21 days.

    Yours faithfully,
    marcellep
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Marcellep,

    Below is the letters you will send to the Governing Bodies. Simply copy and attach a copy of all other letters to this and send them off. No need to do this recorded - just send via normal Royal Mail. They also have no reason to deny receipt, at this stage! Remember this will take ages to get sorted so it is a threat at this stage, in the hope Cap1 realise you have sent letters to the governing bodies and so they will feel pressured to send the copy default notice which is all you really want - one way or another.

    You're only sending 2 of these - The ICO & FOS as the FOS incorporates OFT in this respect.


    Letter to send FOS:

    You have to complete and attach the following document, the details you will complete on the form is shown below but also just add anything relevant.....

    FOS Complaint Form

    Letter to send FOS

    Financial Ombudsman Service
    South Quay Plaza
    183 Marsh Wall
    London
    E14 9SR


    Dear Financial Ombudsman Service,

    Ref: 12345678

    I write with reference to an ongoing complaint with Capital One and their unlawful addition of a default notice against me.

    A copy of your complaint form is attached along with recent correspondence between myself and Capital One; although no formal final response has been given they have refused to speak to me until I issue a new threat for information, in which case they have to - my problem is that they are simply ignoring statutory guidelines and regulatory guidance.

    The basis of my complaint is that Capital One have registered a default against me, unlawfully as things stand, and I have requested they provide me a true copy of this document (and original agreement) which to date has simply been ignored. This is my right under their obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) and under s.7(1) of the DPA(1998).

    I do hope that Capital One come to their senses before I do take the legal route (my next step) but in the meantime I am hopeful that you can assist with my case, by way of noting the behaviour of Capital One and their lack of corresponding effectively (they simply ignore my questions).

    I look forward to your response, in due course.

    Yours faithfully,
    marcellep


    Letter to send ICO:

    You have to complete and attach the following document, the details you will complete on the form is shown below but also just add anything relevant.....

    ICO Complaint Form

    Letter to send ICO

    Information Commissioner's Office – Scotland
    93 - 95 Hanover Street
    Edinburgh
    EH2 1DJ


    Dear Information Commissioner's Office,

    Ref: 12345678

    I write with reference to an ongoing complaint with Capital One and their unlawful addition of a default notice against me.

    A copy of your complaint form is attached along with recent correspondence between myself and Capital One. The basis of my complaint is their continual ignorance to my questions and statutory guidelines and regulatory guidance.

    Capital One have registered a default against me, unlawfully as things stand, and I have requested they provide me a true copy of this document (and original agreement) which to date has simply been ignored. This is my right under their obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) and under s.7(1) of the DPA(1998).

    I do hope that Capital One come to their senses before I do take the legal route (my next step) but in the meantime I am hopeful that you can assist with my case, by way of noting the behaviour of Capital One and their lack of corresponding effectively (they simply ignore my questions).

    I appreciate the most you can do is give them a helping hand (push) along the right direction, but my duty is to report any shortfalls within their business so in the event of litigation, I will have followed all, and additional, processes proving litigation was my last hope to sort this unlawful activity once-and-for-all.

    I look forward to your response, in due course.

    Yours faithfully,
    marcellep
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    Marcellep,

    Below is the letter you will send to Capital One - pretty much your 'final response' to them! Remember to copy and attach previous letters and all the ones above (the 3 to the CRA's and the 2 to the Governing Bodies).

    Just check the address for Cap1 and return it to the address that James used when he wrote to you mate.

    You need to print these as well, 6 times now mate!
    1. #170 (referred as letter 1)
    2. #240 (referred as letter 2)
    3. #298 (referred as letter 3)


    Letter to send Capital One

    James Bell
    Head of Executive Response Centre
    Capital One Card Services
    P.O. Box 5283
    Nottingham
    NG2 9HD


    Dear Mr Bell,

    Ref: 12345678

    I write with reference to your letter dated 10 September 2009, the content of which has been noted.

    Yet again the principle point in hand has been totally disregarded and you now leave me with no alternative but so pursue a more stringent approach; formally reporting Capital One to the relevant authorities and litigation commencing with CPR 31.16 for disclosure of the documents requested.

    I have asked for copies of the default notice and assignment on numerous occasions, none more so than my latest 3 letters to you; for the avoidance of doubt these are attached and represent the following:

    Letter 1 dated: 15th June 2009
    Your reply to letter 1 dated: 26th June 2009

    Letter 2 dated: 27th July 2009
    Your reply to letter 2 dated: 5th and 6th August

    Letter 3 dated: 13th August 2009
    Your reply to letter 3 dated: 10th September 2009

    In each letter I have asked for a copy of the default notice and each time you ignore this point, why?

    In the hope you do not miss it, I will keep this letter short, however I do expect you to spend some time reading my past letters as these will be used in my obtaining judgement for disclosure against Capital One, when I commence CPR 31.16 action. For the avoidance of doubt, as confirmed in these letters, Capital One will be responsible and liable for all costs borne by myself.

    I reiterate, for the final time, either send me a copy of the default notice or remove the entry. As you say yourself, it is due to be removed in November anyway but out of principle I am taking this to the hilt and will succeed in my mission to prove your inability to perform the basic of functions lawfully and in line with regulated guidance; for clarity I have also complained to the ICO & FOS about Capital One.

    Regards to your comment; I quote:
    "As part of the IVA, you agreed to the level of the outstanding debt with Capital One. On this basis, Capital One agreed to accept a lower sum in settlement of your debt. The outstanding balance that was agreed by you included the fees added to your account. As a result, you waived your right to bring any claim in relation to the fees added to your account. Therefore, we wouldn’t normally offer a refund the fees added to your account"
    I would like to point out that simply because I may have agreed to formal practices (Trust Deed) that does not give you the right to withold an entitlement that I am legally obliged to request, i.e. refund of unlawful charges. This has nothing to do with the status of my account nor any previous or current offers that were set in place.

    For example, what if i'd closed the account 3 years ago and then reclaimed the unlawful charges? You do know I am entitled to reclaim as far back as 6 years, don't you? regardless of account standing.

    It seems I spend more time confirming the law to you, a practice which ceases herewith immediately. Simply remove all trace of the default or provide me with evidence to support your claim that it was issued lawfully and in accordance with s.87 & s.88 of the CCA(1974).

    I accept your offer and wish for a cheque for the full amount of charges reclaimed by myself to be sent to my home address without delay. The cheque should be made out in my name.

    I look forward to your response, within the next 14 days.

    Yours sincerely,
    marcellep
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • marcellep
    marcellep Posts: 1,695 Forumite
    Wow thanks so much for those letter's

    So I managed to get them all sorted out, I mean printed and ready to be posted.

    As I got home the night I see I have yet another letter from Capital One and this time it has a copy of the credit agreement I signed back when I taken the card out. Do you wanna see the letter or will I just send the letters away all the same?
    If I have been helpful - Hit the Thanks button
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    marcellep wrote: »
    Wow thanks so much for those letter's

    So I managed to get them all sorted out, I mean printed and ready to be posted.

    As I got home the night I see I have yet another letter from Capital One and this time it has a copy of the credit agreement I signed back when I taken the card out. Do you wanna see the letter or will I just send the letters away all the same?

    Mate

    Say what? :eek::eek::eek:

    I thought they failed CCA (s.77-s.78)?

    Good letters eh? Remember to complete the word docs that need to go to regulators...... you done them right?
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • marcellep
    marcellep Posts: 1,695 Forumite
    never-in-doubt wrote: »
    Mate

    Say what? :eek::eek::eek:

    I thought they failed CCA (s.77-s.78)?

    Good letters eh? Remember to complete the word docs that need to go to regulators...... you done them right?

    I have still to complete the word doc's, I was planning on doing that the night. But since I got this letter I was not sure if I was still to send the letters.

    I was shocked they sent me a copy of the true credit agreement, but still no default!!!

    So what will I do now?
    If I have been helpful - Hit the Thanks button
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    marcellep wrote: »
    I have still to complete the word doc's, I was planning on doing that the night. But since I got this letter I was not sure if I was still to send the letters.

    I was shocked they sent me a copy of the true credit agreement, but still no default!!!

    So what will I do now?

    Mate pretend that never arrived! Ignore it - you do not owe them so the CCA doesnt matter........ we want to see the default notice :D cos we know they aint got it LOL :rotfl::rotfl::rotfl:

    send letters as planned mate
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • marcellep
    marcellep Posts: 1,695 Forumite
    never-in-doubt wrote: »
    Mate pretend that never arrived! Ignore it - you do not owe them so the CCA doesnt matter........ we want to see the default notice :D cos we know they aint got it LOL :rotfl::rotfl::rotfl:

    send letters as planned mate

    Thanks for the reassurance. I will get the doc's sorted the night.

    Can I send you the doc's to pop the points in?

    Or am I just pushing my luck :p
    If I have been helpful - Hit the Thanks button
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    marcellep wrote: »
    Thanks for the reassurance. I will get the doc's sorted the night.

    Can I send you the doc's to pop the points in?

    Or am I just pushing my luck :p

    LOL, ok mate if you email me them i'll fill it in for you and leave the bits you need to do! I'll be offline though til tomorrow night so may mean posting them Weds if thats ok with you?
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • marcellep
    marcellep Posts: 1,695 Forumite
    never-in-doubt wrote: »
    LOL, ok mate if you email me them i'll fill it in for you and leave the bits you need to do! I'll be offline though til tomorrow night so may mean posting them Weds if thats ok with you?

    That's cool.

    Ill post them when I am ready and when I have all the docs too

    No hurry @ all
    If I have been helpful - Hit the Thanks button
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