How to get back on the credit ladder

marcellep

never-in-doubt wrote: »

Mate

Did they ever send you a CCA? Make sure you don't get confused - it is imperitive. Have you received a true copy of the original CCA from Capital One?

Regards to the rest, let me digest it but is the content accurate, i.e. do you pretty much agree with what they are saying? please PM me that answer - don't leave it open on here for obvious reasons.

I'll be back round 9pm if you want to chat....... if not PM me a time to be here.

Don't worry, lots of avenues to explore yet - we may just have to serve them with CPR 31.16 - see how they like that one!

Have you got a CCA from them, I really nope not mate!

I have sent you a PM and yeah the letter seems accurate

never-in-doubt

would you be prepared to sue them? Have you ever SAR'd them or formally requested a CCA?

marcellep

never-in-doubt wrote: »

would you be prepared to sue them? Have you ever SAR'd them or formally requested a CCA?

Sorry I am a little stupid when it comes to certain words?

SAR? Is that when I request all my statments? If so yeah I have them all here

CCA- Not requested that

never-in-doubt

Ok so when you requested a Subject Access Request (paid £10) did they send a copy of the agreement within the SAR?

Please check and confirm - I need to be 100% certain you have not been given a copy of the agreement - this would have been sent with a CCA (£1) or the SAR (£10)....

cheers mate

marcellep

never-in-doubt wrote: »

Ok so when you requested a Subject Access Request (paid £10) did they send a copy of the agreement within the SAR?

Please check and confirm - I need to be 100% certain you have not been given a copy of the agreement - this would have been sent with a CCA (£1) or the SAR (£10)....

cheers mate

I am 100% certain that I do not have a copy of the agreement, I do have:

All my statements

Copy of terms and conditions which apply to the credit card

Screen shots of two months from my account (as mentioned above)

Hope that helps

never-in-doubt

Great news - right without sight of CCA then the debt is unenforceable and therefore they will have to also remove default. I'd suggest we start CPR31.16 to get sight of CCA - but lets just wait for now..... i'll come back to you shortly matey.

marcellep

never-in-doubt wrote: »

Great news - right without sight of CCA then the debt is unenforceable and therefore they will have to also remove default. I'd suggest we start CPR31.16 to get sight of CCA - but lets just wait for now..... i'll come back to you shortly matey.

Ill leave it in your hands and await an email alert for any replies

never-in-doubt

marcellep wrote: »

Ill leave it in your hands and await an email alert for any replies

Hiya mate,

Ok best thing to do now is to SAR the beggars! So the process will go as follows:

1. Send a SAR over
2. Go through statements working out charges (I assume you have a lot of charges?)
3. Do a charges claim
4. If the account was not overlimit after refund of charges then default will have to be removed.

Thats the plan! Not 100% on whether it will work but worth a shot.....

So, part 1:

Send this with a cheque for £10 to Capital One.

Dear Sirs,

SUBJECT ACCESS REQUEST (SAR) UNDER DATA PROTECTION ACT 1998

Please send me all data that your company holds relating to me, my address or person. This is to include details of every company, individual and organisation with whom you have shared data about me for the last 6 years.

Where you have shared data about me with other parties, I require that you supply me with true copies of documents that show that you have done so in a lawful manner and with my written & signed consent. Where your company holds and processes data for purposes of my credit file & credit report, I require that you provide documents to show that the data held is current, accurate and relevant.

Under the terms of the Data Protection Act 1998, you are obliged to send all data that you hold on file for the past 6 years. However, if you hold data beyond 6 years, under the above act, you must supply it on demand. If you no longer hold data beyond 6 years, I would like a signed declaration from your data controller and a copy of all documents pertaining to its proper disposal.

All data, including data held on microfiche or other such storage systems must be provided within a reasonable timescale, a maximum of 40 days is allowed in line with the ICO guidelines and I do expect your response within this timeframe. I enclose the statutory fee of £10.

I look forward to your imminent response, with the data requested which is to also include a copy of all statements of account, to allow me to calculate inappropriate charges that will be reclaimed.

Yours faithfully,


Sign Electronically

marcellep

never-in-doubt wrote: »

Hiya mate,

Ok best thing to do now is to SAR the beggars! So the process will go as follows:

1. Send a SAR over - I have done this already and had all my statements, But no credit agreement

2. Go through statements working out charges (I assume you have a lot of charges?) I have mega charges which the applied to my account, I will check the amount in a minute and post the sum here

3. Do a charges claim- What do you mean by this?

4. If the account was not overlimit after refund of charges then default will have to be removed. Time will tell, as I go and dig the Capital One file out.

Thats the plan! Not 100% on whether it will work but worth a shot.....

So, part 1:

Send this with a cheque for £10 to Capital One.

Dear Sirs,

SUBJECT ACCESS REQUEST (SAR) UNDER DATA PROTECTION ACT 1998

Please send me all data that your company holds relating to me, my address or person. This is to include details of every company, individual and organisation with whom you have shared data about me for the last 6 years.

Where you have shared data about me with other parties, I require that you supply me with true copies of documents that show that you have done so in a lawful manner and with my written & signed consent. Where your company holds and processes data for purposes of my credit file & credit report, I require that you provide documents to show that the data held is current, accurate and relevant.

Under the terms of the Data Protection Act 1998, you are obliged to send all data that you hold on file for the past 6 years. However, if you hold data beyond 6 years, under the above act, you must supply it on demand. If you no longer hold data beyond 6 years, I would like a signed declaration from your data controller and a copy of all documents pertaining to its proper disposal.

All data, including data held on microfiche or other such storage systems must be provided within a reasonable timescale, a maximum of 40 days is allowed in line with the ICO guidelines and I do expect your response within this timeframe. I enclose the statutory fee of £10.

I look forward to your imminent response, with the data requested which is to also include a copy of all statements of account, to allow me to calculate inappropriate charges that will be reclaimed.

Yours faithfully,


Sign Electronically

So will I send this again?

never-in-doubt

marcellep wrote: »

So will I send this again?

Have you already sent a SAR request?

edit

just noticed the red replies....

Ok, to clarify mate find out (by going through all the statements - you need as many as you can) the exact amount of charges applied.

Then we'll do a reclaim of unfair charges and get you a refund. As such, the account then falls out of default again, you pay the true balance (from the refund) and walk away default free. Only works properly if the charges made you overlimit - they accused you of going on a spending spree in May - did that happen or was it charges?

see what I mean?