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capital one - why are they so sloppy!! haha

I have an account with these. They passed it to debitas and I rang them and was told it was passsed back to cap1 so I rang them as I wanted to query a possible settlement figure. They said I defaulted in december 2008.

I complain as I wanted to know why I wasnt aware of the defaulting on the arrangement and why it was passed back to cap. They then tell me in a reply today that I wasnt told by debitas as they arent obliged and I didnt receive statements from cap as I broke a contract when I defaulted in sept last yr - I mean isnt the statement a fundamental part of any account management? Just seem they are full of it

Is this correct - would statements have to be sent and if I defaulted on the arrangement then surely they wouldnt bring it back from debitas - doesnt make sense!

Cheers
Martin

Comments

  • debitas are cap1 one i had a debt with them back in 06 its just there collection dept, when i defaulted they did not send me statments just silly warning letters
    Aqua card - £250 Limit up to date, Jd Williams £150 limit up to date, Argos store card £400 limit up to date, Next £300 limit up to date.:beer:
  • MWAUGH1983
    MWAUGH1983 Posts: 203 Forumite
    What I mean is do capital one have to send their customers statements or rather formally let them know that they have defaulted and that the pay agreement has been cancelled?
  • hoyles10
    hoyles10 Posts: 1,283 Forumite
    I know it sounds silly but you haven't agreed to online statements at any point have you?

    I did and they stopped sending me statements all together. I forgot about this and luckily me account is on DD otherwise I may have missed a couple of payments as I hadn't received a statement and I have hidden the card for extreme emergencies where I need to pay for something urgent such a a replacement window for the house there and then. (Bad example I know but you know what I mean lol)
    If At First You Don't Succeed, Call It Version 1.0 :D
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    MWAUGH1983 wrote: »
    What I mean is do capital one have to send their customers statements or rather formally let them know that they have defaulted and that the pay agreement has been cancelled?

    Of course they have to tell you. Basically, its a set formulae that must be used!

    - Account enters default (i.e. you missed a payment)
    - They then terminate the agreement
    - They issue a default notice
    - They assign the debt to a DCA
    - You pay the DCA who legally own the debt

    If they deviate from this then you can probably fight for unenforceability and certainly if the account was in dispute they cannot add a default.

    Have a read of this thread - you'll see loads of similar stories....

    http://forums.moneysavingexpert.com/showthread.html?t=1674391&page=42

    or to request the CCA etc and default notice, read here: http://forums.moneysavingexpert.com/showthread.html?p=20459909#post20459909
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
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