How to get back on the credit ladder

never-in-doubt

marcellep wrote: »

Yeah I got 2 replied today which I will post in a few mins

the sad face says it all .....

marcellep

This is the letter from Capital One Dated 25th Sept



Thank you for writing to me about your account.

With regards to your request for copies of your default notice, under section 78 we are not required to provide this. However, I can confirm that Capital One issued a notice of default on the 22nd April 2005 for £192.19 and a statement of default on the 12th May 2005 for £440.88

You confirm in your letter acceptance of our offer to refund £96 of default sum.
This amount will be credited to your account upon receipt of the signed settlement form. We are unable to return this to you by cheque due to the fact the balance is made up of charges you incurred and did not repay. Consequently we cannot send money back to you that you have not paid.

I hope I have explained things clearly, But if you do have any further questions, please write to me again. You will find my address in the leaflet I have included, which also explains our complaints procedure. If I do not hear from you with four weeks I will consider this matter closed.
You’re sincerely

James Bell

marcellep

I also received a letter from ICO which is just confirming they have received my information and will be in touch soon after it is passed to a member of their customer service team.

never-in-doubt

marcellep wrote: »

I also received a letter from ICO which is just confirming they have received my information and will be in touch soon after it is passed to a member of their customer service team.

Right you've now proved beyond doubt that you've tried so leave it to the regulatory authorities to deal now mate - sod Crappy1 - let them get a bollocking by the ICO/FOS - I know its a pain but you just gotta sit back and let things take their course, its a principle thing anyway cos the default comes off in November doesn;t it?

never-in-doubt

Capital_One wrote:

With regards to your request for copies of your default notice, under section 78 we are not required to provide this. However, I can confirm that Capital One issued a notice of default on the 22nd April 2005 for £192.19 and a statement of default on the 12th May 2005 for £440.88

Yes actually you are required to supply this. Your so called word does not constitute legal compliance, I am now left with no other option but to seek enforcement via the county courts in which case I feel obliged to let you know I am planning on using the countries leading consumer credit lawyer, all costs incurred will be submitted to the courts for Capital One to reimburse in line with CPR and such cases of pure ignorance by the defendant (Capital One).

Capital_One wrote:

You confirm in your letter acceptance of our offer to refund £96 of default sum. This amount will be credited to your account upon receipt of the signed settlement form. We are unable to return this to you by cheque due to the fact the balance is made up of charges you incurred and did not repay. Consequently we cannot send money back to you that you have not paid.

No, this amount will not be repaid to any alleged debt. The agreement was made on the understanding that you'd send a cheque to my home address payable in my name, this was accepted by yourself and thus you confirmed the £96 offer which I accepted. The terms of this agreement are to remain. I know you have a habit of breaching agreements but unfortunately on this occasion you will not succeed. May I remind you that failure to comply will result in my questioning your reasoning as to prove that the charges you offered to refund were not repaid, in what way was previous monies receipted in the account and where and how was it allocated? By the time you employ a mathematician to prove your wild accusation that the same funds are outstanding is bewildering and shows your clear lack of legal knowledge.

Capital_One wrote:

I hope I have explained things clearly, But if you do have any further questions, please write to me again. You will find my address in the leaflet I have included, which also explains our complaints procedure. If I do not hear from you with four weeks I will consider this matter closed.

You have not explained anything, you've simply ignored (for a forth time) everything I request. This nonsense must cease forthwith; as you are aware I have reported you to the regulatory authorities for investigation and in the meantime I am seeking legal guidance for your blatant abuse of power and position. You seem to think it is acceptable to do what you want and not adhere to clear guidance, law and recommendation from our own Government.

May I respectfully suggest you consider this final approach, simply send the cheque as agreed in your previous letter, remove the unlawful default and walk away. Failure to comply will cost you far more than money, I will not drop this and will seek justice to the end.

marcellep

never-in-doubt wrote: »

Right you've now proved beyond doubt that you've tried so leave it to the regulatory authorities to deal now mate - sod Crappy1 - let them get a bollocking by the ICO/FOS - I know its a pain but you just gotta sit back and let things take their course, its a principle thing anyway cos the default comes off in November doesn;t it?

No the default comes off in May 2011 as it was applied in May 2005 - 6 yrs it lasts I am sure

marcellep

never-in-doubt wrote: »

Mate, actually reply to him - its annoyed me that he knows so little!

Hang on i'll do a quick reply and post it here lol brb :beer:

LOL his reply has also annoyed me too I am sure he thinks we are stupid

never-in-doubt

Add those blue bits together to make the reply mate.... lol

never-in-doubt

marcellep wrote: »

LOL his reply has also annoyed me too I am sure he thinks we are stupid

Yea I know, at first I thought sod it, let the FOS deal with them - but why, the guy is a muppet and does not have a clue.... i'd love to face him in court, i'd throw the book at him with his false claims, slanderous replies, linellous data processing - to name but a few! Grrrrrrr :mad::mad:

marcellep

never-in-doubt wrote: »

Add those blue bits together to make the reply mate.... lol

Thanks so much

I will get it all together and post it to them again