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Posted: Wed May 26, 2010 12:55 pm
by woody1234
I am on a payment plan with Cap one and MBNA, I pay Cap one £64pm, and MBNA £100pm, checked my credit report and MBNA states satisfactory, Cap one has a default showing. Will the Cap one debt get passed to a DCA now, will Cap one and MBNA accept an offer of say max 50% to clear the debt full and Final offer that is. Will this clear my credit file up, or will they just say partial settlement. If it is Partial how will that affect my credit rating in the future.
Thanks

Posted: Wed May 26, 2010 2:37 pm
by Lisa2009
If they were to agree to an offer of settlement, it would show on file as satisifed or something similar. Any defaults would stay on your credit file for 6 years from the date they were lodged and then would just disappear.

Posted: Wed May 26, 2010 2:43 pm
by woody1234
Thanks
So how do I get this default removed does it mean paying them the whole amount, and then they would remove the default. I have not been sent any letters from them regarding this default.
Thanks

Posted: Sun May 30, 2010 10:58 am
by TheMatrix
Once a default has been put onto your credit file, it cannot be removed without agreement from the creditor.

It is unlikely that even if you did pay in full that they would agree to remove it as you signed the credit agreement allowing them to do this on your file in the event that you default on payments.

The best you can do is ensure the default date is correct.

Posted: Sun May 30, 2010 11:04 am
by TheMatrix
Oh if you've not received a default notice, you can challenge the default.

Ask to see a copy of the original default notice they sent you. If they cannot show you this ask for the default to be removed.

Posted: Sun May 30, 2010 11:16 am
by woody1234
Hi
Thanks for the replies, I have noticed that some paper work they sent me before I went on the payment plan did say that if I was on a long term plan more than 6 months then they would register a default, I have not had any other letters to say a default has actually been registered against me, should I have had a letter to say that the default had been done.
I have now sent two letters, one being a SAR along with £10 crossed postal order,sent registered delivery. The other a letter explaining why I am disapointed with the default, a copy of this below:

Mr James Bell
Executive Office
ERC Department
Capital One Bank Europe Plc
PO Box 5281
Nottingham
NG2 3HX

Dear James

ACCOUNT NUMBER: xxxxxxxxxxxxxxx
I am very disappointed and annoyed I have been on an agreed payment plan with Cap one for some time now, and paying each month.
I have noticed that on April 6th 2009 Cap one issued a default notice on me.
Today I rang and asked why and was informed that as I am on long term payment plan this is what happens.
I have never been issued with any default information; all payments have been made as agreed.
I can prove that all payments have been made as I pay by Direct Debit each month.
I believe this is an unfair act on behalf of Cap one, I was never informed that this would happen and I wish to have this removed immediately.
Failure to remove this default will cause me to seek legal advice and seek suitable compensation.

Your thoughts please.

Posted: Sun May 30, 2010 1:08 pm
by plasticdaft
I think you will find they have every right to show a default on the account as there is clearly no denying that the account is in fact in default.

Paul

Posted: Sun May 30, 2010 1:38 pm
by woody1234
Thanks for that, its funny I have the same agreement with MBNA and they are quite happy, and no default.
Why is it that Cap One done the default well into the agreement.
Thanks