Problems with Capital One Credit Card

bingy_burge

Letter is a statement of default and does not mention any legal jargin.

Balance : 463.44
limit £400
overdue amount £131.22


STATEMENT OF DEFAULT

Your account is now officially in default.

as of the 15/05/2013 you have defaulted and you owe us £463.44

1. we have terminated your account blah blah...

2. we now have the right to demand you pay in full blah balh...

3. will notify credit reference agencies blah blah...

4. We may place or sell your account to a debt collectors blah blah..


our nonimated DC will contact you shortly blah....


your sincerely


Graham Robinson
Director of Collections

bingy_burge

first letter i received with an about default but apparently I should of read the ts and cs and i would no all the chapter and verse proceedure so no one will help me I can pay the £131.22 and have offered to but they dont want the money.

Letter went recorded today in response.

Are the supposed to send me a 14 day warning letter?

The women from cougar collections said no but her charm wasnt exactly award wining.

happy_bunny_2

What you posted is not a default letter, but it does list the overdue amount, which is probably what any default letter would say you have to pay to avoid the default.

As IainHL says, a default notice has specific wording. I ave enough of them to know..,

I would:
1. Never talk to them, they will lie to you. Writing only.
2. Send formal written complaint, signed for. List lack of default notice, lack of acceptance of offered payment. Request removal of default on this basis as you would have rectified the default had you had it. Also mention no mention of a potential default as in your first post.

UsetheFORCE

bingy_burge wrote: »

first letter i received with an about default but apparently I should of read the ts and cs and i would no all the chapter and verse proceedure so no one will help me I can pay the £131.22 and have offered to but they dont want the money.

Letter went recorded today in response.

Are the supposed to send me a 14 day warning letter?

The women from cougar collections said no but her charm wasnt exactly award wining.

As far as I am aware they should send you a default notice outling the breach of contract and giving you an opportunity to rectify it.

Unfortunately if they have noted they have sent you one (whether you receive it or not), then I think you are stuffed on that. You might want to consider a DPA request to ascertain whether this is the case or not.

bingy_burge

Thanks people I have put all that in the complaint letter sent to there executive office first class recorded yesterday.

Whats a DPA?

happy_bunny_2

Data protection act. Send a subject access request. SAR. Costs £10. They should send everything they have on you within 40 days. Should show on account history if default notice sent and should include any application forms and signed agreement.