Capital One Default Help!!!!!!

nikki2975

I've had a few issues with not receiving original default notices before defaults have been added to my credit file. After getting nowhere with Capital One i contacted the FOS to complain.

The FOS have said that the default has been added correctly, is there anything else i can do to get this removed.

http://i157.photobucket.com/albums/t...ic/Picture.jpg
http://i157.photobucket.com/albums/t...Picture001.jpg

Any help will be greatly appreciated

Thanks

Nikki

YorkshireBoy

An Ombudsman's decision is final...

http://www.financial-ombudsman.org.uk/publications/factsheets/final_decision.pdf

...and it looks like your only recourse is court - but on what grounds/point of law?

nikki2975

Here is a copy of the Default Notices i recieved from them.

first copy received
http://i157.photobucket.com/albums/t...Picture007.jpg

second copy received
http://i157.photobucket.com/albums/t...Picture008.jpg
http://i157.photobucket.com/albums/t...Picture009.jpg

third copy received is the same as second but they put my name and address details, acc number and balance.

I've previously been advised that Capital One haven't given me enough time to pay the then outstanding amount before applying the Default.

Its 14 clear days plus 2 days for postage 1st class and 4 days 2nd class

Thanks

Nikki

never-in-doubt

Same answer as I gave here: RBS Default Help!!!!!!!

Here is the official line:

Section(s) 87 & 88 of the CCA 1974 are quite clear, I quote:

s.87 - Need for default notice

(1) Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,

(a) to terminate the agreement, or
(b) to demand earlier payment of any sum, or
(c) to recover possession of any goods or land, or
(d) to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or
(e) to enforce any security.

(2) Subsection (1) does not prevent the creditor from treating the right to draw upon any credit as restricted or deferred, and taking such steps as may be necessary to make the restriction or deferment effective.

(3) The doing of an act by which a floating charge becomes fixed is not enforcement of a security.

(4) Regulations may provide that subsection (1) is not to apply to agreements described by the regulations.

s.88 - Contents and effect of default notice

(1) The default notice must be in the prescribed form and specify

(a) the nature of the alleged breach;
(b) if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;
(c) if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.

(2) A date specified under subsection (1) must not be less than seven days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those seven days have elapsed.

(3) The default notice must not treat as a breach failure to comply with a provision of the agreement which becomes operative only on breach of some other provision, but if the breach of that other provision is not duly remedied or compensation demanded under subsection (1) is not duly paid, or (where no requirement is made under subsection (1)) if the seven days mentioned in subsection (2) have elapsed, the creditor or owner may treat the failure as a breach and section 87(1) shall not apply to it.

(4) The default notice must contain information in the prescribed terms about the consequences of failure to comply with it.

(5) A default notice making a requirement under subsection (1) may include a provision for the taking of action such as is mentioned in section 87(1) at any time after the restriction imposed by subsection (2) will cease, together with a statement that the provision will be ineffective if the breach is duly remedied or the compensation duly paid.

Subsequently, s.87(1) of the CCA1974 clearly states that a default notice must be served before the creditor or owner can become entitled, by reason of any breach by the debtor. As they have failed to, and continually ignore my request to, send a default notice to me then they are in clear breach.