Capital One - Default Removal Help

[piedmontboot]

hi all
I could do with some regarding an on going battle I'm having with capital one.
They registered a default against me in June 2012 for an unpaid credit card - £596.
In September 2011, I switched bank accounts from RBS to Natwest, and asked that my direct debits be transferred over as part of the switching process. However, 2 direct debits (cap one and Barclaycard) were not moved. I didn't realise that this hadn't happen as payments were still being made and there were still funds in the RBS account.
I realised, however, in may 2012 when I checked my credit report that there were missed payments showing. I discovered that the direct debits hadn't been moved across, and by this point the account funds had been depleted (hence the missed payments). I contacted cap one and Barclaycard to explain the situation, and agreed with cap one that I made a complaint with rbs.
It took quite some time for the complaint with ribs to be investigated, however they resolved it and provided a letter I could give to creditors explaining that any adverse data should be removed as the root cause of the issue was down to them not transferring my direct debits.
Barclaycard were fine with this and removed their adverse (also a default) within 7 days. However, capital one have said that they wont remove theirs. They told me that I had agreed to make a payment to them 2 days after I spoke with them in may 2012, but this simply wasn't true- I explained the account situation when I spoke to the advisor on the phone, she said it was fine, all would be frozen and to get back in contact with them once I had resolved things with the direct debit transfers. They also said they had tried to contact me via telephone and post, but I never received any calls or letters. I'm also concerned that I've read that a default notice should have been issued, but never received one of these either!

Given that RBS admitted liability, and issued a letter taking full responsibility (the letter even quoted banking code standards), do you think I have grounds to appeal capital ones decision not to remove the default?

Thank you in advance!

[PAWS]

Re: Capital One - Default Removal Help

Oh I think you should appeal against this and hopefully someone will be along soon to steer you in the right direction. In the meantime take a look at this:
http://www.legalbeagles.info/forums/...efault-removal!!!

[piedmontboot]

Re: Capital One - Default Removal Help

Oh I think you should appeal against this and hopefully someone will be along soon to steer you in the right direction. In the meantime take a look at this:
http://www.legalbeagles.info/forums/...efault-removal!!!

BUMP

[nemesis45]

Re: Capital One - Default Removal Help

Good morning.
Have you made a Formal Complaint to Capital One in writing?
It a is always wise to deal with problems like this in writing as
in your case phone calls are unreliable Capone says you agreed
to pay in two days, you say this is not the case!

Customer (dis) Service personnel often have little or no authority
to sole problems like this anyway.

You can send Capone a Subject Access Request under the Data Protection Act 1998 foe all the personal data the company holds on you, this can include transcripts of the telephone calls.

There is a £10 statutory fee for this and Capone has 40 days to comply.

The Information Commissioners Office regulates the reporting of data to credit reference agencies, it would be worth the time making a call to them for advice. Tell them about the RBS letter and Capone's refusal to remove the entry.

It may take some time to resolve this.

nem

[piedmontboot]

Re: Capital One - Default Removal Help

Good morning.
Have you made a Formal Complaint to Capital One in writing?
It a is always wise to deal with problems like this in writing as
in your case phone calls are unreliable Capone says you agreed
to pay in two days, you say this is not the case!

Customer (dis) Service personnel often have little or no authority
to sole problems like this anyway.

You can send Capone a Subject Access Request under the Data Protection Act 1998 foe all the personal data the company holds on you, this can include transcripts of the telephone calls.

There is a £10 statutory fee for this and Capone has 40 days to comply.

The Information Commissioners Office regulates the reporting of data to credit reference agencies, it would be worth the time making a call to them for advice. Tell them about the RBS letter and Capone's refusal to remove the entry.

It may take some time to resolve this.

nem

thank you for the reply. I already complained to them through their executive office (via email to the chief exec) and they refuted the complaint stating
A)I should've still paid the bill on time (I assumed the bill was being paid as I had asked my bank to complete account switching, which didn't take effect, as per the ribs letter)
B) apparently I had later agreed to make a payment (I hadn't)

I'll try the subject access request and send the postal order, good tip about the call transcripts! if they cannot evidence the calls do you think the may uphold the complaint? I also didn't receive a default notice from them, would this also need to be included in the documentation they issue?

Also if you know a good address to send the SAR to, that would be really helpful.

Thanks again

[nemesis45]

Re: Capital One - Default Removal Help

Hi,
Yes you can request all " personal data" Capone hold, including the DN

So specify including but not limited too the default notice and all transcripts
of telephone call to and from Capone regarding the account.

Address the request to the Data Controller at Capones head office.

nem