Loading...
-
-
Re: Capital One Default
It's still more than the 10 that they gave which is the main thingComment
-
Re: Capital One Default
But 14 days is 10 working days, which may explain their apparent mistake.Originally posted by biondani View Post
One should never ascribe to malice that which may be adequately explained by simple, crass stupidity.Comment
-
Re: Capital One Default
Either way, if they gave less than 14 days on the default notice then the default notice is invalid.
Plus 10 working days is not 14 days as there is only one weekend inbetween the two 5 day periods, so its actually 12 days if it gave 10 working days - So still not the required 14 days.Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.
By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.
If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.
I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.
The Governess; 6th March 2012 GRRRRRRComment
-
Re: Capital One Default
Very good point. I will keep that in mind as wellComment
-
Re: Capital One Default
Just had a letter back from FOS saying they have asked Capital One for details and the current waiting time for adjudicator is around 12 weeks.
IanComment
-
Re: Capital One Default
Well the adjudicator has reached a conclusion and has decided not to uphold the complaint. He is satisfied that even though Capital One did not send statements due to them not updating my address correctly that the default notice would have been sent to correct address. He also states that even though they did not comply with the banking code on the default he still rules in their favour. Surely if the default does not comply with the code then it is invalid and cannot be enforced? So in essence, I didn't receive a default, even if I had received it it would have not have conformed to the banking code and was therefore invalid but Capital One still logged a default. I think I may take this up to the OmbudsmanComment
-
Re: Capital One Default
Well ombudsman has ruled in my favour. Her report even said that at the time that the notice was raised it should have been 28 days and the default was raised after 25 days which in itself is a breach of the Banking Code. Final decision to be sent on 18th September but basically Capital One have been ordered to remove default and pay a small amount of compensation. Very happy with result.
IanComment
-
Re: Capital One Default
Nice one! top result :okay:Comment
-
Re: Capital One Default
Very good result and she basically said that Capital One had provided no evidence to prove any of their claims and any evidence that had been provided had contradicted themselves. They also timed the default so it would fall 3 days before the date that they said I had agreed to pay by which in her opinion was wrong.
IanComment
Tweet
Comment