Problems with Capital One Credit Card

bingy_burge

I was out of work for 4 months this year due to redundacy and I kept my creditors informed. Both Barclay Card and Vanquis good as gold and now paid up to date.


Problems came with CAPITAL ONE. I informed them in jan and they said they would send me a form. It did not come after 2 weeks so I rang them and asked them send it again. Anyway just passed a month they call and say they havent receieved it and wont send a new and plus 30 days had passed and they wont accept it anyhow. Great

I agree to pay £10 a month which I did one month but I was broke come the second although no mention of default or any issues. Anyway I started work again this month and everytime they call I have told them whats happening etc and they seem fine.

out of the blue I have received a defult notice dated the 15th may two weeks after i have started work! I have called them and explained I did not receive a pre default warning and they say on the last call I should of been warned which I wasnt, plus i didnt get the notice stating pay £122 or will wel defult the account.

In light of this I have asked for them to reverse and they have refused. I have also offered them the full £440 to clear the account and they refuse to take any money from me at all! They will not put me through to supervisor they just tell me to pay the debt collector who has not conatcted me yet and do not have contact details and they refuse to take any money or remove the default.

Can anyone help?

happy_bunny_2

When you say "In light of this I have asked for them to reverse and they have refused.", was this by letter or on the phone?

Did they issue you a final response letter with an FOS leaflet?

If phone, time to send a written complaint, signed for.

From what you say, they have been rather useless. They are supposed to help you in this situation.

Basically, if they won't help its time to go to the FOS.

bingy_burge

happy_bunny wrote: »

When you say "In light of this I have asked for them to reverse and they have refused.", was this by letter or on the phone?

Did they issue you a final response letter with an FOS leaflet?

If phone, time to send a written complaint, signed for.

From what you say, they have been rather useless. They are supposed to help you in this situation.

Basically, if they won't help its time to go to the FOS.

They wont help or let me pay off the debt even it utter madness they just want me to pay the debt collector and then they say they will mark my delfault as paid and i can reapply """"


I recieved a default notice on dated the 15th last week no FOS Leaflet or final letter.

I cant speak to supervisor there is never one available.

I thought formal letter of complaint and to the FOS or though I assume I am suppsoe to exhaust their complaints procdure first?

Vanquis have called alot but have been fine you think they would be worst

happy_bunny_2

Yes, formal complaint letter. You are right in that you need to exhaust their complaints process, get the final response letter. If not done after 8 weeks you can refer to FOS.

bingy_burge

Had cougar finacial ring me and read the riot act.

Told me i am wasting my time and I should read my t's and c's as they are well within their right to default me and refuse to accept payment form me.

She said they are legally obliged to default me and would get fined if they had not as it had to go on my credit file so i could not obtain further credit that i could not pay back. My response was every month i did not make my mini payment lenders would see i was strungling.

Very rude women shouting at me saying have i not read all the terms on everything front to back and I should not need capital one to tell me they are going to default as its in the fine print they dont have to send or tell anything. Then when I told her I am legally entitled for you not to ring me and speak to me like that she got the hump further removed my numbers from the system and told her write to me in future : ) She said once i have written to financial obs then call her with the reference and then when they had written back to me call them with the reference. You basically implied I am wasting my time and in the meantime capone would refer the account further.

UsetheFORCE

If you have been issued a Default Notice, you will have say 2 weeks in which to remedy the default???

So if it was issued on the 15th, you still have a few days at least to make the payment.

You can FORCE a payment on them by sending a payment via Faster Payments to their a/c quoting your card number as a reference.

bingy_burge

UsetheFORCE wrote: »

If you have been issued a Default Notice, you will have say 2 weeks in which to remedy the default???

So if it was issued on the 15th, you still have a few days at least to make the payment.

You can FORCE a payment on them by sending a payment via Faster Payments to their a/c quoting your card number as a reference.

I am not in position now to pay in full I have paid my other two cerdits cards down instead.

I could pay them say £100 surely on the basis I have offered them money and they have refused within the two weeks the default cant stick. Capone say once its ussed they cant go back but I know next did on partners account which I have also settled.

Surely legally they cant refuse money?!

IainHL

You are correct, they can't really refuse your payment, especially if, as suggested by usetheFORCE, you send it to them using the Faster Payments system (or the credit slip from your statement at a bank, should you have paper statements).

The default notice must have an amount you need to pay and a date by which you need to pay it in order for them not to register a default with the CRAs. Are you in a position to make that payment?

If so, and you do so, then the problem disappears. I realise you seem to have had appalling customer service, but at least you avoid the red mark on your credit file. If not then you are into the realms of a written complaint and referral to FOS.

bingy_burge

IainHL wrote: »

You are correct, they can't really refuse your payment, especially if, as suggested by usetheFORCE, you send it to them using the Faster Payments system (or the credit slip from your statement at a bank, should you have paper statements).

The default notice must have an amount you need to pay and a date by which you need to pay it in order for them not to register a default with the CRAs. Are you in a position to make that payment?

If so, and you do so, then the problem disappears. I realise you seem to have had appalling customer service, but at least you avoid the red mark on your credit file. If not then you are into the realms of a written complaint and referral to FOS.

I will re read the notice but did not find anything in there suggesting thaat if i pay within a certian period then the notice will be removed, indeed capital one say they cant (I know they can i have heard of it before)

The letter seems to suggest that it is now done and capone way i can only pay cougar who say they are allowed to legally not accpet money.

I am not in a position now having made payments to other creditors.

IainHL

bingy_burge, it sounds as if what you now have from Capital One is a "courtesy"(!) letter informing you of their intent to register a default following your failure to comply with a previously issued Default Notice.

Have you had such a notice in the past? I presume you know that it has a formal, defined set of words? Should start with "This is a default notice in accordance with s.87 of CCA1974" (that's a paraphrase).

Since you say you haven't got the funds available it doesn't really matter at this stage whether you're unable to pay Captial One directly, or their DCA. It does amuse me when the financial institution won't deal with you, but instead insist you talk to their appointed DCA. The thing is they're not going to refuse to accept your money if paid as suggested. Even more amusing is the sad letter from the DCA that says "you recently made a payment to the OC, we must insist in future payment is made to us"!

UsetheFORCE

A default notice will list a breach of contract, you must be given an opportunity to rectify the breach.

If I could avoid a default then I would cash advance the credit cards you do have in order to put the account back in order.

To avoid going round in circles, please tell us EXACTLY what is listed on this notice....