Capital One issue default

[vicky g]

I have been requesting a signed credit agreement from Capital One since Feb 09 but still have not received one. Instead I first receieved a letter from them telling me that they assured me that the agreement was valid and that I must pay the account! At this I then decided to contact the information commissioners office and the financial ombudsman both have confirmed recipt of my complaint and have asked Capital One to respond to them. However today I received a letter from Capital One informing me that they have now issued a default on my account and demand a full balance payment immediatly. They say they have notified credit reference agencies. Can they do this whilst the account is still in dispute? What should my next course of action be? I am now worried that my credit rating is being affected. Please help any advice would be greatly appreciated.

[calamity jane]

Re: Capital One issue default

Welcome to Legal Beagles vicky g.

Are you behind with or did you stop making payments to Capital One?

CJ

[vicky g]

Re: Capital One issue default

Hi
yes I stopped making payments, which I told them I would do unless they could provide me with a signed credit agreement.

[Sapphire]

Re: Capital One issue default

Hiya

Take a read of the CCA guide it will give you all the info you need and what to do next Legal Beagles

[Ammani]

Re: Capital One issue default

Hi Vicky G,


send them this letter. ( i am presuming you have bank charges)!


Their address.


date


Your reference................ .......


Legal notice under the Data Protection Act 1980


To; The Data controller/compliance Manager.................. .................


Dear Sir/Madam,


Please be advised that this is a formal notice issued under Section 10 of the Data Protection Act 1980
I demand that you cease processing of my Data by any means whether written or electronically,with third party individuals and
organisations.In addition to processing,this also means passing,ammending,sharing ,and management in any form of my Data in whatsoever filing,both manually or electronically.

In compliance with the Information Commissioners guidance,I give you 14 days to comply with this request.

The purpose of this request is that I am of the understanding that your continual processing/controlling of my data will cause distress harm and damage.
Specifically because;

(i) My credit worthiness is being or has been damaged by your actions as a result of your entries to my credit files,which relate to unfair charges currently in dispute,and found by the Office of Fair Trading to be unfair.You can also add other stuff here as is applicable and any or all of the following that apply (since you need to show reasons as to why continual processing will or is likely to cause distress harm or damage)

(ii)That recorded defaults on my credit files by yourselves are in dispute.

(iii)That I fully expect to show that adverse data was wrongly filed which would mean that earlier processing was unfair and unjust.

(iiii)That matters in relation to adverse data you have entered onto my credit files are currently in litigation.

(iiii) That the adverse data you continue to process,manage and pass on to third parties impedes my ability to apply for credit,mortgages or other financial services.

(iiiii)That as a data controller/compliance officer,you have a responsibility under the Data protection act to observe all principles set out therein,within the act.


I expect an acknowledgement of your intentions to comply,and if you do not agree,your reasons for being unable or unwilling to do so.
I will give you 14 days to forward this to me in writing.


Under the Data Protection Act,a County Court has the powers to order compliance of any breaches it sees fit,together with compensation,at the discretion of the court.

Should you fail to comply,or give just and reasonable reasons as to why you will not comply,I will consider making an application to my local Court on notice to force compliance,together with costs and compensation.

Yours Faithfully