Please Help Me!!! (Capital One)

natserella · 22 July 2009 at 3:22PM

Hi There,

I hope somebody here can help me.. I checked my credit report and to my suprise found I have a satisfied default with Capital one which I had no knowledge of.
I did one fall behind with payments but was not told of the actions they took.

I wrote to them sending a £1 postal order asking for evidence of this default under section 78 of the credit consumer act 1974 to which they responded that as my account is now closed (They closed it when my balance was cleared) they are not obligated to send me this.

I cannot sort this out until I have my information, Is it worth sending a SAR request, or is it possible that they can refuse this too?

Please help me as I am not sure what to do now!!!

PNPSUKNET · 22 July 2009 at 5:22PM

ask them for their final response, if that is what you have now contact the fos

seeya23 · 22 July 2009 at 5:29PM

post ih here nid will help you out
http://forums.moneysavingexpert.com/showthread.html?t=1674391&highlight=sutton+default

natserella · 23 July 2009 at 10:14AM

Thanks guys for your help, I rang the FOS today and got a really helpful guy. He said I do have a right to my information and he is raising a formal complaint with Capital One in which they will have 30 days to respond to me.

*Fingers crossed this is going to get sorted out!

Nats

PNPSUKNET · 23 July 2009 at 6:05PM

Was the debt paid to an agency at all?

natserella · 27 July 2009 at 2:20PM

Hi There,

It was apparently handed over to an agent who collected this debt, does this make a difference?

Thanks for your reply!

Dabooka · 27 July 2009 at 2:22PM

Yeah, that makes it a "satisfied default", which is what I believe it's showing up as on your report?

How old is it?

never-in-doubt · 27 July 2009 at 2:34PM

natserella wrote: »

Hi There,

It was apparently handed over to an agent who collected this debt, does this make a difference?

Thanks for your reply!

Hiya

Capital One are trying it on, they'll be saying some !!!! like they do not have to send the CCA as the amount is settled and under copy docs regs they don't have to - WELL THEY BLOODY WELL DO AND THEY KNOW IT!

I am having this same argument with Crappy1 over on this thread: http://forums.moneysavingexpert.com/showthread.html?p=23649967#post23649967

Have a read of last few pages to see what I mean and you'll see they are not budging! Its hard work and i've now moved from CCA to CPR 31.16 to enforce supplying of default notice as they never execute them properly and thus they try and blag you.

They are a nightmare! Read the thread above to get an idea what I mean - you'll see the similarities (marcellep is the victim by the way)

Don't just go copying the letters cos different circs mean they may not be relevant and you can't be looking silly lol.

If you need help post on the thread.

never-in-doubt · 27 July 2009 at 2:39PM

natserella wrote: »

Thanks guys for your help, I rang the FOS today and got a really helpful guy. He said I do have a right to my information and he is raising a formal complaint with Capital One in which they will have 30 days to respond to me.

*Fingers crossed this is going to get sorted out!

Nats

The FOS won't get involved until Cap1 issued a final letter - are you sure you got the right info? I'd have been prone to complain to ICO as this involves them more then FOS - at the end of the day Cap1 have broken the 7th Principle of the DPA and as such this is an ICO complaint - not FOS.

Just offering my advice - don;t want you getting led up the garden path.....

natserella wrote: »

Hi There,

It was apparently handed over to an agent who collected this debt, does this make a difference?

Thanks for your reply!

No difference because the first thing you should do is demand it is retrospectively put into dispute and returned to the original creditor for investigation.

Do not deal with any 3rd party, you're under no obligation to and if you start protracted communication it can be looked at as admission of debt. Plus your main argument will be lack of assignment (i.e. you'll be questioning the execution of assignment is compliant) so obviously you'd never been told of any DCA therefore should not contact them - you owed Crappy1 so you only deal with Crappy1 but if necessary you send a letter telling them to pass account back to OC.

natserella · 27 July 2009 at 3:28PM

:TWow, thanks for all the replies:

The Default is from 2008 but only shows as settled from March 2009.
Basically what happened was I moved house, and I am certain that I already paid off this card in full (however cannot prove as all my documents got lost during move), I set up a re-direction for this mail and never receievd another bill so never gave it a second thought.
Around Jan I receievd a call from a company telling me I owed money to Cap. 1 which I paid immediately. The first I knew of the default was a few weeks ago.

I rang the FOS (Didnt show them the letter) and basically advised on the situation and he said he was going to write them a letter and also he was going to send me an official complaint form which I needed to sent to Cap 1. He said he wont be able to deal with me unless I get no result with Cap 1 but hopefully this should push things along.. ??

This is all great information, Im going to read through everything properly tonight so i fully understand what I am up against!! Thanks all

missile · 27 July 2009 at 4:36PM

It seems like you already know that you have a "satisfied default" and there would seem little point in getting further info from Capital 1. One such entry will make very little difference to your credit rating.