Financial Ombudsman Service

[Spellkaster]

Currently dealing with the Financial Ombudsman Service over a complaint regarding Capital One.

This creditor is the only 1 to be refusing a debt write off request.

I have filled in and sent back to Capital One detail income and expenditure forms, and I have provided copies of proof of benefit entitlement as evidence of income.

For some reason, the Financial Ombudsman Service are asking for copies of bank statements.

Under the Data Protection Act I have refused to provide, because I feel that I have sent in enough evidence.

I have told the FOS that bank statements are not needed due to filling in and signing a vlid income and expenditure form, and I have provided proof of income.

Was I right to decline bank statements?

[MIKE770]

no afraid they need actual evidence as other can be hearsay? sure others will comment also, capital one usually sell the debt on anyway?

[Spellkaster]

no afraid they need actual evidence as other can be hearsay? sure others will comment also, capital one usually sell the debt on anyway?

Its been well over a year since last payment was made.

Cap One keep putting my account on hold, marking it late repayment on with the CRA's.

For some reason they seem reluctant to default and sell the debt on.

I dont know why they wont agree to a debt write off, when I have done the income and expenditure, showed proof of benefit entitlement, ongoing medical conditions, and letters from other creditors who have agreed debt write offs.

[MIKE770]

very rare these days to write off debts by many companies, we all wish they had but they did not, hence we go other ways to get rid of them if we can, CRA files have to have a true record of situation registered, late payment look at mine pretty picture but repeated every month (Boring) Ombudsman need proof to digest situation before they can adjudicate = Fact be intrusive then consequences will not help you, so be realistic, different id a company asking , other companies may have written them off ????? but recorded CRAs??? lucky if they have written them off!

[Spellkaster]

very rare these days to write off debts by many companies, we all wish they had but they did not, hence we go other ways to get rid of them if we can, CRA files have to have a true record of situation registered, late payment look at mine pretty picture but repeated every month (Boring) Ombudsman need proof to digest situation before they can adjudicate = Fact be intrusive then consequences will not help you, so be realistic, different id a company asking , other companies may have written them off ????? but recorded CRAs??? lucky if they have written them off!

I have 5 creditors in total.

4 of my creditors have all said in writing they agreed to mark my credit file as "satisified" and closed and wont chase me for any more payments.

Cap One are the only ones who are very reluctant to even do anything accept put my account on permanent hold.

I've asked my adjudicator at the FOS if she can put pressure on Cap One to default the account and sell the debt on.

I have shown evidence of the other debts being agreed to mark as "satisfied" and closed to the FOS adjudicator as I have provided proof from other creditors whom have agreed not to chase me for the remaining balances on other outstanding accounts.

[MIKE770]

your file will show satisfied until the end of the CRA file period , capital one will default you? very strange if you defaulted and they have not sent a default notice? as it is a requirement ? strange goings on me thinks

[Spellkaster]

your file will show satisfied until the end of the CRA file period , capital one will default you? very strange if you defaulted and they have not sent a default notice? as it is a requirement ? strange goings on me thinks

Cap One have NOT defaulted on my debts.

They just keep marking "late repayment" and this has been going on for over a year.

[MIKE770]

some underlining reason for that then? as I have stated strange goings on, have you SARd them that could unfold a lot of info? cost nothing and they have 30 days to supply

[MIKE770]

Subject Access Request Letter

[Spellkaster]

some underlining reason for that then? as I have stated strange goings on, have you SARd them that could unfold a lot of info? cost nothing and they have 30 days to supply

This is why I've asked the Financial Ombudsman why Cap One wont agree to default on the accounts after a year of last payment.

I just find it bizarre that they continue to mark "late repayment" considering I've missed over a year's worth of payments!!

An SAR would cost me £10 now as thats the fee involved.

[MIKE770]

no cost for a SAR as from 25th May 2018 and they have 30 days so send recorded delivery, if SAR mentions £10 delete it. you sometimes have to spend to gain in the past or why else bother!?

[Spellkaster]

no cost for a SAR as from 25th May 2018 and they have 30 days so send recorded delivery, if SAR mentions £10 delete it. you sometimes have to spend to gain in the past or why else bother!?

Didn't know they change the £10 fee bit so I think I will do that, no harm is there?

What would I be looking for exactly please!?

I need to see why they wont default after a year of last payment!?

[Amethyst]

Oh bugger, just realised I've been saying 20 days.... that's FOI isn't it ! DOh !!! Thanks Mike.

pt2537 might be able to help on the refusal to default maybe?

[Spellkaster]

Oh bugger, just realised I've been saying 20 days.... that's FOI isn't it ! DOh !!! Thanks Mike.

pt2537 might be able to help on the refusal to default maybe?

Hi Amethyst

I just cannot understand why, over a year of missing payments, why Cap One just wont default and sell debt on?

I've tried to ask the FOS but they are not cooperating with me either in asking Cap One!?

[Amethyst]

Presumably because you entered into a reduced ? nil ? payment arrangement with them because of circumstances before default ? so in their eyes they're giving you breathing space to get sorted and back on track without wrecking your credit file ( but they obviously aren't looking at your situation as a whole just their little bit )

Have they frozen interest and charges on the account ?