A question about : CapitalOne Default Removal Attempt
Hi All,
I have been trying to get a default removed from my credit report. I had an account with CapitalOne some time ago and they placed a default on my record and I only realised this when applying for a mortgage. The account had long closed.
I sent this letter first ....
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After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a Default notice against an account in my name. Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. 2.You must supply me with a signed true and certified copy of the original default notice |
etc. etc. I'm sure you know the template. I received no reply and then followed up with this.
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I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79). A member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date. To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents. These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974. In my letter I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account. Furthermore, you are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you enter into a default situation. This period has expired. You have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested. Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 14 days I expect that this means you agree to remove all such data. I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter, which is now a formal complaint. I would appreciate your due diligence in this matter. |
To which Capital One followed up with....
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Where there is no sum which is, or will, or may become payable under the credit agreement, then the obligation to provide documentation under section 78 of the Consumer Credit Act 1974 does not apply.
I understand that under section 10 of the Data Protection Act, you want Capital One to cease processing your data. You are not entitled to serve a notice under section 10 due to the fact that Capital One informed you when you applied for your credit card and in the terms of your agreement how your data would be processed and you gave consent to the processing of your data by signing your credit card agreement. The processing of your data is necessary to enable Capital One to perform its obligations under your credit agreement; and The information Commissioner has confirmed that it is appropriate to fenders to share information about customers' accounts with the credit reference agencies and that it is appropriate for the credit reference agencies to retain this data for six years after the account was last active. Your notice is entirely unjustified and inappropriate and as a result. Capital One is unable to comply with your notice. We maintain that we have no obligation to provide you with a copy of the documents that you requested. Financial regulations require me to advise you that this is my final response in relation to this matter. However, you now have the option to contact the Financial Ombudsman Service within six months from the date of this letter. |
Any ideas or am I stuck with it ?
Is it right that because I've paid off the debt they don't have to prove anything?
I know there are other threads on this but each set of circumstances and the replies seem to differ so any help you can offer would be greatly appreciated.
I have seen several suggestions on using this method learnmoney.co.uk/credit-file/remove_default_notice.html
Best answers:
- Not that learnmoney link again!
Sorry, but it was a misconceived approach back when it was first posted, and with various ruling in the courts since then it has only become even more so. A few people seemed to get it to work originally, but creditors have since wised up.
Did you default when they say you did?
If so then chances of getting it removed are very slim. - Thanks for the reply fermi.Some more info might help.
I had a problem with them when I changed my current account which resulted in a late payment by 2 or 3 days. This lead to a Ј40 late payment fee and a Ј40 over-limit fee.
I had ongoing problems then negotiating with them as each month I was paying off Ј50 and they were charging me Ј40-Ј80 in all sorts of charges plus the interest which quickly spiralled out of control. We agreed to close the account and I would continue paying a monthly fee until repaid.
I then reclaimed all of these charges from them which they paid out as a 'gesture of goodwill'.
I can only assume that when the account was closed they defaulted me even though I was making regular payments. I was young and naive as seems to be the story with a lot of the threads on here and now its coming back to bite me.
But I never received any default notice, is there no requirement for them to prove they provided a notice or a case for me to argue?
Thanks, Rory - i got a default removed from Capital One but i think it was a sheer fluke to be honest, I certainly didn't send all those letters that you did
- Hi Hadahardyear, so how did you manage that then ?
- had a default from 2009 with them (i now have 2 credit cards with them,)
they sold the debt to a DCA, i settled it with them and kept the proof. they then illegally sold it to another DCA who changed the default to their name.
I disputed it because the default should still have been under the first DCA and never sold on.
The second agency removed the default and capital one have just never put it back on
Im certainly not going to phone and remind them - Fermi, thanks for taking the time and effort for that great reply. I will send out a SAR and try and get a better picture of what they at least say they had done and what led to the default from their point of view and try and tackle it that way.
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