I defaulted with orange back in early 2010..

..late 2010 they sold the debt to capquest.

..it says so on my credit file thats when my capquest file was opened,

yet capquest have only registered a default in 2014

meaning the life of this default has been extended far beyond the original debt(default on my file until 2020).

There has been zero contact or acknowledgement of this debt,

there was never a payment plan

and they had no reason to believe they should carry it forward so long before declaring a default themselves other than to ridiculously extend the life of my default on my credit file.

Is this legal?

Is there anything I can do about it?

Currently its standing between me and a mortgage.

I know some people might think payment was an option

but the original debt was 90 pounds(in 2010)

and now capquest are saying I owe them 400+..

.I could do it but honestly it would leave a terrible taste in my mouth.

Get definite proof of the correct default date for this debt in writing and send an urgent letter to Capquest Data Protection compliance officer, asking for it to be removed urgently, as more than 6 years has passed since the correct default date.

Advise that unless it is removed urgently you will seek intervention by the ICO, as it will cause increased mortgage costs.

when was the last payment to Orange and did Orange send you a default notice?

Have you ever paid anything to capquest?

if you've a copy of the old orange entry on an old credit file printout

the copy that

and sent it to crapest...

give them 14 days to removed to faulty defaulted date

else you'll complain to the ICO

and seek full costs of the refused mortgage refusal from them.

dx

Thanks for the replies guys,

no I never initiated any contact at all with Capquest,

I never paid them or acknowledged the debt

as soon as I got the first letter from them they had already tripled my debt with orange

so I decided I would rather be a non entity in the credit world than give in to such extortion.

Obviously later in life this has come back to bite me in the ass,

however if they had played by the rules I'd be home free by now and happily moving into my new home.

I don't have the original default notice from orange,

I have managed to get in touch with the former collections team though

and the lady was very nice,

she has managed to get a hold of a copy of the original default with orange and it is in the post.

When it arrives I will submit this to capquest,

if they weren't going to be total I shouldn't even need that,

as they received the already defaulted account in 2010

surely the burden falls on them to explain why they registered the default in 2012 themselves

when they had received the debt that was already in default in 2010?

no you've got to understand how debt sale works.

the dca buys in a portfolio spreadsheet that contains just one line of your very basic details along with 1000's of others

these are loaded into the great threat-o-gram PC and off it pukes doing the things that it been programmed to do.

the balance will have nowt to do with the DCA adding anything they cant

it will be ORANGE and the cost of the contract till its expiry date.

that makes it a lot bigger [falsely] and they get paid by the DCA a bigger lot of money for it.

the default is the same, orange would have defaulted upon sale and placing it on the phishing list,

if the dca doesn't act on it for a couple years the defaulted date wrongly increments.

easy sorted if you do things correctly

They have contacted me in writing stating that the account is now closed with them and that I should expect the notice to be removed on my credit report, although they did state that it may take several weeks...

They also tried calling me only a couple of days after the letter was sent (I didn't feel like speaking to them so I didn't answer), so I guess they check their mail quite quickly.

I think reason has won the day and this seems to have gone very smoothly.

Thanks for the information guys it was very helpful.

No, get back to them and give them a deadline for removing the faulty report or a claim based on DSG v Durkin will be issued as well as complaints to the regulatory authorities. 14 days is long enough.

It just takes several weeks before you can see its removal from the your cra files as these are updated for your use on a monthly basis.

So if for example, it was removed the day after your file was updated, you would still see it up until your file was next updated a month later.