Capital one default!!

[ey_137]

Hello all,

Capital One defaulted me on the 03/05/2009 I have continued to make payments (stupidly) the balance sits at £502 and out of the 6 defaults I had this is the only one left on my credit file.

I sent a request asking for a copy of the default notice to challenge the default in an effort to get it removed.

I was sent a made up copy of the credit agreement including terms and conditions however they said to me under section s78 they do not need to provide a copy of the default served to me, is this the case?? They simply said the balance remains at £502 keep making payments and the default was served to you on the 03/05/2009.
Is there another templates letter I should be sending?

Thanks in advance

[Never-In-Doubt]

Re: Capital one default!!

You can't get the default removed, case law (McGuffick v RBS) allows it as it was a true reflection of the account status at that time and it remains for 6 years. As it was in 2009 not many basic lenders will pay attention to it as it's quite old and most lenders only search back 3 years anyway.

Why does it concern you so much? Are you trying for a mortgage?

[ey_137]

Re: Capital one default!!

Thanks for the response Niddy,
hopefully next year I was hoping to go for a mortgage so that was my main concern.

regards

[Never-In-Doubt]

Re: Capital one default!!

Thanks for the response Niddy,
hopefully next year I was hoping to go for a mortgage so that was my main concern.

regards

Sadly you'll need to either hold off on the mortgage or possibly pay it off (do a F&F to get it settled - if so let me know and we'll help) - that way a mortgage company may consider you as the last default was settled and you'd say that you never realised it was even there (white lie)....

The default will remain, you have no legal basis or otherwise to have it removed sadly.

[ey_137]

Re: Capital one default!!

Thanks Niddy, would it be worth letting you have a look at the credit agreement they sent to me to see if in fact it's enforceable? I was just thinking would this give me better grounds to negotiate a F&F settlement in return of the default being removed. Just an idea! Regards

[Never-In-Doubt]

Re: Capital one default!!

Thanks Niddy, would it be worth letting you have a look at the credit agreement they sent to me to see if in fact it's enforceable? I was just thinking would this give me better grounds to negotiate a F&F settlement in return of the default being removed. Just an idea! Regards

Can do, plus any terms......

However fighting UE leaves the default, paying a F&F will look better but will still be a hindrance.