Default Notice Issued by Capital One

Legacy_user

Hi everyone

I've been on a DMP for 3 years now and things have been running quite smoothly until lately with a few minor hiccups. This morning I got a Default Notice issued by Capital One stating that I have entered into a payment plan for less than the required minimum payment. On this card I owe £1274 and my payment to them via Payplan is £51.22 which is much greater than what the minimum payment would be. Now they've have frozen the interest more or less from the beginning of the DMP so my point is surely the basis on which the Default Notice has been issued is wrong. I know beggers can't be choosers, but I've only defaulted on 1 of my 12 creditors, Egg, almost 3 years ago and now I get a Default show up on my record, which I suppose os frustrating. I will contact Payplan and ask for their advice. Has anyone had an experience with this?

RAS

crapquest are being particularly difficult at the moment. Think they have 1st credit disease.

My understadning is that they are allowed to default BUT I think they rules are not less than 3 m,onths and not more than 6 months after you fail to meet the minimum requirements.


It is also worth getting a scanned copy of the notice on here, personal details and bar codes obscured, so 10 past6 can tell you if it is legally valid. If not, you are protected from legal action.

System

RAS wrote: »

crapquest are being particularly difficult at the moment. Think they have 1st credit disease.

My understadning is that they are allowed to default BUT I think they rules are not less than 3 m,onths and not more than 6 months after you fail to meet the minimum requirements.


It is also worth getting a scanned copy of the notice on here, personal details and bar codes obscured, so 10 past6 can tell you if it is legally valid. If not, you are protected from legal action.

Cheers RAS, actually just got a letter from them telling me that the Default NOtice I received was missing some important information and they will be sending another letter to make sure that they have all the right information in connection with the default. Perhaps this would be the time to let them know that I entered into the payment plan 3 years ago and that is when the Defaul should be issued, not now

fermi

What the ICO considers fair is in this.

Technical Guidance Note - Filing defaults with credit reference agencies

(warning - long read)

But when it comes to DMPs that document seems to contradict itself a bit. :rolleyes:

lesleyvhalifax

lenny you got one too, I cannot remember receiving the first one( must of binned it)

RAS

To you both - assuming this is a CC,loan or catalogue, have requested the CCA already and checked validity?

System

RAS wrote: »

To you both - assuming this is a CC,loan or catalogue, have requested the CCA already and checked validity?

Mine is a CC and havent checked the validity of the CCA(?) Why would i be checking the validity btw

RAS

because if the CCA is invalid, once they put a default on, there is nothing else they can do to affect you or enforce the debt and you do not actually have to even pay, if you do not want to.

Old Cap 1 cards were often badly documented, although some are legit.

RAS

You might want to read this thread as it covers cap 1

http://forums.moneysavingexpert.com/showthread.html?t=1382261

RAS

lenny

Read your post on ambershadow's old thread.

That is not why I am suggesting you do a CCA. I wanted to show you what a dud one looked like.

A CCA request has a number of functions

1. Making sure that the people who you are paying are entitled to collect the debt.
If the CCA is invalid, the debt still exists but it is unenforceable so,
2. The creditor cannot take legal action through the courts, which means that they cannot obtain a CCJ or charging order against you.
3. The creditor is almost obliged to accept any payment arrangement that you wish to make, because they cannot take legal action to vary it.
4. If they default you, there is nnothing else that they can do to affect your credit rating, so you can choose how much and whether to pay.

People on DFw use the CCA request in a number of ways and have different views on how to tackle their debts.

FINE.

based on your first post I am suspicious that the next step Cap 1 will take is to default you and go for a CCj, which will affect your credit rating. If you own property it is the first stage towards a charging order.

If you do a CCA request and the document is invalid, neither of those options are available to Cap 1.

System

RAS wrote: »

lenny

Read your post on ambershadow's old thread.

That is not why I am suggesting you do a CCA. I wanted to show you what a dud one looked like.

A CCA request has a number of functions

1. Making sure that the people who you are paying are entitled to collect the debt.
If the CCA is invalid, the debt still exists but it is unenforceable so,
2. The creditor cannot take legal action through the courts, which means that they cannot obtain a CCJ or charging order against you.
3. The creditor is almost obliged to accept any payment arrangement that you wish to make, because they cannot take legal action to vary it.
4. If they default you, there is nnothing else that they can do to affect your credit rating, so you can choose how much and whether to pay.

People on DFw use the CCA request in a number of ways and have different views on how to tackle their debts.

FINE.

based on your first post I am suspicious that the next step Cap 1 will take is to default you and go for a CCj, which will affect your credit rating. If you own property it is the first stage towards a charging order.

If you do a CCA request and the document is invalid, neither of those options are available to Cap 1.

Aye RAS I know, I didnt mean any offence. Thanks mate. Len