Capital one default

browneyes121

Hi

I have a settled default from Capital one. I am desperately trying to get it removed- I know its a long shot, but I figured its worth a try and I work a very boring night job.

From what I have seen my first step to this would be asking for a SAR, which I did and enclosed a postal order. However I received a letter today stating that because the account is closed they have no obligation to send me any of my information. Is this true?

Thanks in advance

Thrugelmir

Spend your time more productively.

happy_bunny_2

As far as I know, a SAR covers info they hold on you. So they should send it. Ring the ICO to double check.

They are not obliged to respond to a CCA request as the account is settled. I think.

Do you have any reason to think it was incorrectly applied?

browneyes121

What is a CCA?
I am going to ask it to be removed under the grounds that I kept going over my limit due to the charges they were applying. I missed two payments and then tried to pay but was told it had defaulted. I have claimed back all my charges but am now desperate to get rid of the default. I know its a long shot- as the previous poster so helpfully pointed out but I thought its worth a shot.

happy_bunny_2

Consumer credit agreement. A copy of what you signed.

Should not really be defaulted unless 3 payments late as per these:
https://forums.moneysavingexpert.com/discussion/3172602

You could send them a formal written complaint on this point. You should have also received a default notice. If not, may help get it removed so you can complain on this also.

If they reject, you can take to FOS. No default notice and trying to pay would be the best chance.

An SAR should show a default notice being sent on the account history. If not, good for you.

All in all, long shot, but worth a go.

How old is the default?

browneyes121

Thank you for that, its really helpful.
The account defaulted in Jan 2011 after missing Nov and Dec payments.
So should I write to them again, asking for the SAR? Should I also ask for a CCA?
Any tips on what I should write so they take me seriously?

happy_bunny_2

Send them a written complaint about the default. Send signed for. Tell them you will refer to FOS if they ignore you.

Send them another complaint about lack of SAR.

CCA should come as part of SAR, if they have it.

browneyes121

Thank you for your advice. Do you know where I can find a template of a "formal" lertter to send them?

happy_bunny_2

No templates for this that I know of.

Just keep to plain English, stating your issues and what you expect to be done to put it right.

browneyes121

I HAVE JUST looked at my credit file on Equifax. It is showing the capital one account as defaulted in Jan, yet I still made a payment to them in Jan and Feb. I remember phoning them in Jan to pay and they said it had defaulted, so I'm assuming this must have been from my direct debit. Are they allowed to do that? I was over my credit limit, because of the fees they had added, so would they have defaulted me for that, even though I was paying something towards it?

happy_bunny_2

They can default you for failing to pay the arrears, but I would think the 3 month timescale from the ICO would still apply.