WendyB - v - Capital One ***SETTLED***

[WendyB]

Best part about it is i haven't got the facilities to record the calls anyway!!! But they don't know that..........

[WendyB]

sorry guys, double posted

[WendyB]

Don't know whats come over me, but I just decided to phone Cap One and pay them £20 off my outstanding balance!!!! Was informed that the default will stay for 6 years blah blah, when I corrected him and told him that this is just industry practice and not down to Law, he got a bit flummoxed!!!
Also told him that as I'd just sent in a letter claiming charges could they please treat my account as in dispute and stop all of the phone calls. He was quite surprised I was even getting phonecalls for such a pathetic amount. He says they'll probably send me a cheque for the charges in a couple of weeks - yeah right!!!
Thing is, even if they paid back the charges I'll still have to take it to Court to get the defualt removed won't I? Just showing as satisfied isn't good enough.
While I was on the phone I asked him if he'd got a copy of my original CCA (had to explain what CCA stood for lol). He looked on his computer and said its been scanned into the system and he'll get admin to send me out a copy - is this a result?? just have to wait and see if it arrives. Got his name and extension number, and I've told him he's on my "Helpful People" List. I think he was quite flattered lol.

[iancognito]

Your posts always give me something to smile about, it must be disconcerting when your customers know more about your job than you, well they'd better get used to that coz it's gonna be happening more and more!!!

Yes you need to have the default removed as part of your claim and don't settle until they have agreed to it, 'settled' means nothing and has an adverse affect on your credit rating.

[WendyB]

Thanks, I'll take that as a compliment! I don't know loads about loads, and I certainly am not trying to be smartarse, but i have one of those memories that just seems to well, er, remember things, usually useless bits of information which pop into my head when I least expect! To be honest i don't really understand much about CCA, just know that if they haven't got one the debts not enforceable etc, but I don't want to got down that route, cos its nearly paid off anyway and I'd rather have my charges back, in full, with CI. (I think!!) And I know I should have a copy of the CCA in case it goes to Court, but thats only cos everyone says I should, not cos I know why i should lol.

And to be honest, I find that nine times out of ten, if you're alright with them, they'll be alright back, and if I get the copy CCA then I'll have saved myself a quid.

Only thing is, if the phone calls stop, what am I gonna do to amuse myself??????? Just have to find some other unsuspecting soul to harass.....

[archer_66]

lol wendy! im sure u will find someone else to amuse urself with on the phone! u should set up one of those prank numbers that u have to get ur mates to phone and get them angry cos they cant get a word in edgeways!

[WendyB]

Thanks but I don't think I'd make much money at that lol. I am toying with a sort of money making/business idea, but don't know if i've got the time, energy or patience! Might just have to find the time, as although it wouldn't bring in loads of dosh - every little helps...

[Goldlady]

I read a posting from a guy who counts from one to ten in japanese when DCAs ring - suggest it is a good time to learn a foreign language - unless of course they are ringing from an overseas call centre.

[archer_66]

lol which they very well could be these days!
dont worry wendy youll get ur money a couple of weeks after they acknowledge like everyone else!

[WendyB]

Just checked my credit file and found the default is for 2518, not the 48 quid I thought. Defaulted at end of August, which I didn't know, as I paid off most of the balance in the September about 3 weeks later. As the amount of my charges is 660, do you think there's any chance of getting the default removed?

[WendyB]

Re: WendyB - v - Capital One

Anyone??

[iancognito]

Re: WendyB - v - Capital One

Wendy - generally you can only get a default removed if the amount is lower than the total charges.

The timing of this one looks a little suspect, did you stop paying them? when did you send them your prelim in relation to when they entered the default on your file? Just wondering if you could go down the retalitory action route and put a complaint in against them?

[WendyB]

Re: WendyB - v - Capital One

Will sort out dates, but it looks like they issued the default about 3 weeks before I settled almost all of the balance. Am going to write asking for a copy of the Default letter as i don't remember having had one.

[WendyB]

Re: WendyB - v - Capital One

Prelim received by cap One on 30th July. I have today recieved an offer letter from them - must say I'm gobsmacked at the speedy response!

Offer is for basically 8 quid for each charge I claimed, I originally claimed 660 plus CI taking it up to 826 or thereabouts. (33 charges of £20) Offer is for 254 plus £20 "for interest incurred, total 274. Apart from the fact that their maths is wrong cos 33 x 8 plus 20 is 284, I'm a bit unsure as to what to do next, bearing in mind its not even time for the LBA yet.

Should I
accept as a partial offer
reject then LBA for the full amount
amalgamate either partial acceptance/or rejection with an LBA
phone/email to discuss/negotiate
or what???

To be truthful I'd accept the 660 (or less, cos I'm skint lol) without CI or 8%, but I don't think they'll cough up any more unless I file at court - what do you lot reckon?

I think I'm probably just going to have to live with the Default as it looks like its more than the charges, so don't think I've got much chance with that.
Have just phoned to get a copy of the default letter, and the automatic message says I've got a balance available of over £2000 - very odd considering I'm allegedly in default with a closed account!

Any advice welcome, thanks

[enaid]

Re: WendyB - v - Capital One

I would carry on Wendy if you can afford it, they do cough up not long after they say they will defend. I don't think anything has changed either, we are still carrying on with credit cards anyway. I would check your balance though, if they have made a mistake:rolleyes: they could ask for it back lol. As for your default I would ask them to remove it in your correspondence, you never know Enaid xx