GDPR Cookie Consent by SimpleServe Privacy Script Capital One and ICO Guidlines - AAD Consumer Forum

Announcement

Collapse
No announcement yet.

Capital One and ICO Guidlines

Collapse
X
Collapse
 
  • Page of 1
  • Filter
  • Time
  • Show
Clear All
new posts
Previous template Next
  • #1

    Capital One and ICO Guidlines

    After a bit of advice regarding this please.

    I had a Capital One Credit Card in 2005, got into a bit of financial trouble and ended up in a DMP in 01/03/2007. Now Capital One marked my credit file with AR/AP markers for 28 months before finally defaulting me in May 2009 (god i wish i'd just stopped paying them).
    I settled the account in Feb 2014.

    What i'd like to know is, does this not go against ICO Guidlines, the fact by me paying the debt and them marking my file with AR/AP markers they have put me in a worse financial place, Also isn't and arrangement meant to be a short term measure? I Have never signed another agreement and Capital One never sold it on. I appreciate the default will fall off in may 2015, but really i want rid of it now :-)

    I did complain to Capital One, who replied with a simple letter saying its a true reflection of my account history, although I had another account with Barclaycard and they agreed with me and cleared my Credit file.

    Any ideas or letter templates I could use.
    Tags: 2015, account, advice, arrangement, arrangement to pay, bank, bank account, barclaycard, cap, capital, capital one, card, credit, credit card, date, debt, default, defaulted, defaults, dmp, emails, fca, financial, guidelines, ico, letter, niddy, order, paid, payment plan, payments, powers, ppi, stop, take that, templates, work
  • #2
    Re: Capital One and ICO Guidlines

    who ever managed your DMP may of agreed to the AR/AP markers, Cap 1 may of sent a letter saying we will agree to the payment plan but the file could/will be marked as an arrangement to pay,
    As you settled the account in Feb it will now show as settled and anyone searching your file may take that into consideration.

    If it was a while ago that you complained you could make a Formal Complaint to Cap 1 now and then take it up with the ICO but it may have fallen of by the time you get anywhere with them. NW
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

    Comment

    • #3
      Re: Capital One and ICO Guidlines

      I've got to check your emails. I know this but had 100's to work through

      there's a whole guide on this in defaults section. Remember the ICO ONLY look at guidance. It's not like they're the FCA with strict powers.

      The AP shouldn't harm you now; however the fact you only recently paid (feb '14) means the old historical AP's shouldn't really affect you that much. Did you do the DMP from 2007 to 2009 in order to trigger the default or did you actually stop paying earlier than that?
      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

      Comment

      • #4
        Re: Capital One and ICO Guidlines

        Hi Niddy and thanks NW,
        I never actually stopped paying them, whilst on the DMP my financial circumstances changed a couple of times so I had to decrease the payments I was sending them on the annual review (although I'd never say they were token payments) and due to this they defaulted me in 2009.
        When the balance got low enough I cleared the account, I appreciate I could of done a F&F settlement however I had just got a ppi payout from a few creditors so I settled the small balance. :-)

        Comment

        • #5
          Re: Capital One and ICO Guidlines

          So you're arguing the markers SHOULD be AP and not default (8)'s?
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

          Comment

          • #6
            Re: Capital One and ICO Guidlines

            lol no no I'm arguing the fact they didn't default me straight away, causing the default to stay present on my credit file a lot longer which puts me in a worse financial situation, if I'd not paid anything at all then I'd been defaulted straight away and it would of dropped off my file by now.

            My understanding was that it went against the ICO guidelines to put me in a worse financial situation? Apologies if I'm way off thinking that.

            Comment

            • #7
              Re: Capital One and ICO Guidlines

              No I'm with you now. Was it a bank account?
              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

              Comment

              • #8
                Re: Capital One and ICO Guidlines

                Originally posted by Never-In-Doubt View Post
                No I'm with you now. Was it a bank account?
                :-) It was a Capital One CC, the idem servicing one I sent you was another CC as well..

                Comment

                • #9
                  Re: Capital One and ICO Guidlines

                  Ok a cc must be defaulted within 6 months however as you were in a DMP / making payments the entries need amending to reflect that. The default date itself won't likely be changed if it was the first they've added sadly.
                  I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                  If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                  Comment

                  • #10
                    Re: Capital One and ICO Guidlines

                    Originally posted by Never-In-Doubt View Post
                    Ok a cc must be defaulted within 6 months however as you were in a DMP / making payments the entries need amending to reflect that. The default date itself won't likely be changed if it was the first they've added sadly.
                    Booo to that,

                    I did have some success with Barclaycard who agreed that it did put me in a worse financial situation and said they wouldn't show an arrangement pass 6 years on my credit file and removed it, did take a bit of work but was cleared.
                    Lesson learned I suppose, you think your really doing the right thing paying them and all they do is stitch you up :-(

                    Comment

                    • #11
                      Re: Capital One and ICO Guidlines

                      Hey keep arguing mind you. Don't give up.
                      I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                      If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                      Comment

                      Previous template Next
                      Working...
                      X