Hi Just before Christmas Cambridge Water & South Staffs Water both sent out letters to customers informing them of a data breach in August 2022. This week some customers are now receiving letters stating that it was their data that is now available on the Dark Web. My dad is one of them with South Staffs Water. The letter explains as to what information (personal details, account info and DD info) has been taken, and then refers to their website http://south-staffs-water.co.uk/help-and-advice/support#supportamdadvice With in the website it goes in to more detail as to what happened, action taken, notifications and support. Now it's under the support area I have questions. 1) There is no mention of anything relating to compensation. I thought under the UK GDPR compensation can now be claimed for Distress as well as Financial loss. Am I correct in saying this and do you have any information on how to do this. There are a lot of ambulance chasers on the internet offering to claim for the customers impacted. I think I read somewhere that an award can range from £50 to £1000 -- even £50 is better than nothing. 2) This is the one that peeves me a little: They have said that they have worked with TransUnion and secured a service called True identity for a period of 12mths. Good for them and well done some people may say... But: True identity alerts if your data is on dark web (clearscore offer similar) but what's the point as they have already confirmed the data breach and the info is on the dark web. Also what happens after 12mths free?, Yep you have to pay for it. Now they provide a link to a login page, where you can click to sign up. At signup you need an access code (presuming this is generated by south Staffs) So based on that my assumption is South Staffs Water will now get a referral fee for every monthly payment you make after the 12mths free is up. It looks like they admit to a data breach, offer no form or way to compensate and make money off this breach. Am I being a fool in thinking the above or is there genuine cause for concern?

I've received multiple letters over the past 4wks all along the lines of contact us. Today I've received one that now says "we're considering further recovery action. If we don't hear from you, we will consider taking further recovery action to recover what you owe " Is it a case of ignore this one aswell?

I closed the account with Three November 2020. The entry for Three on all credit reports had a last update of 30/11/2020 and the settled/satisfied as 17/11/2020 with the balance of zero. If I owed something to Three then they would have contacted me/chased me. I had nothing from them. The PDC letter was the first I heard that they claimed I owed something but then they hadn't sold the alleged debt to PDC & credit reports were still £0 balance with a last update of 30/11/2020

Already have credit reports (TransUnion, Equifax, Experian and screens from TotallyMoney, CreditKarma, Clear score & CreditClub), showing the entry as £0 on 20/11/2020. However I've viewed all today and recently Three has been removed from all of them. I'm not entering into any communication with anyone, not even 3. I have proof account closed with zero balance in November 2020 by way of the credit reports.

Capital One has responded to say “We're confident our calculations are correct but we propose awarding a further £60, which corresponds to 8% interest for 4 years on the fee and interest refund amount of £179.58.” I'm accepting this £60 as it's greater than what it should be. However, if I really do not understand their reluctance at providing a breakdown of the redress. If they are that confident their figures are correct then why not supply it. Isn't there anything under FCA regarding companies are required to provide breakdowns of redress? So final outcome on this matter is: 1 x Defaulted account to remain - Default date Feb 2020, amount was £285 - account Settled 23rd Nov 2020. 1 x Defaulted account removed entirely from credit report under irresponsible lending. (Original Default £282) Redress amount - £254.75 + £60 = £314.75 Fees £63 + Interest £116.58 + 8% interest 21p minus 4p applicable tax + £75 compensation + £60 additional Interest. Just wish there was something I could do to have this one default account removed - such a small balance having a large impact.

Hi I've recently added a Notice of correction to my Experian report, Experian reworded the notice, which I accepted. I sent the same Note to TransUnion to add who have rejected this to be added. The text reads: "I, Mr. xxxx, would like to explain the circumstances that led to the late payments/default recorded against the account Capital One which occurred October 2019 to February 2020 .In October 2019 I suffered a short illness that warranted hospital stay, unfortunately during this time I was unable to work, and my salary was greatly impacted. (£450pw to £94pw) All creditors were made aware of the situation and were understanding except one. A reduced short term payment plan was requested but this went unanswered, however I continued to make reduced payments. On 22nd Feb 2020 the account entered default. I believe this is something I feel was not fair as I received no communication or warning this would happen even though I was making payments towards the debt. The following month the first National lockdown occurred, which made returning to work difficult due to being classed as vulnerable . In June 2020 my employer made it possible for myself to work from home, and from July to November 2020 I cleared/settled my financial accounts. This included Capital One where the account was fully settled 23rd November 2020. I ask all lenders to take this into consideration" TransUnion have rejected this for naming a Third Party and have stated it's not factually accurate to the information they hold on my report. I spoke to them to explain the reasoning and they have said that: Third Party - this is Capital One, No CRA are permitted to name a Third Party - I disputed this by telling them that the Lender is Capital One and the entry for the Notice to be applied is the entry for Capital One -- they again stated that Capital One are a Third party as the information is between myself and TransUnion. Not factually accurate information - They stated that where it is written the drop in salary £450 to £94, the line about Lockdown and being classed as Vulnerable and returning to work is not factual as it does not appear on my credit report and someone reviewing the report would not see this - I argued that this is the whole point of a Notice of Correction - pointed out that TransUnion accept that my comment of "short illness that warranted hospital stay" is perfectly acceptable whilst this does not appear on my credit report. Due to this and myself not accepting their revised comment "In October 2019 I suffered a short illness that warranted hospital stay and this had a knock-on effect as I was unable to work and my salary was greatly impacted. From July to November 2020 I cleared/settled my financial accounts." the have now stated that "we are unable to add the notice of dispute as you are dissatisfied with our suggested amendment, we will now contact the Information Commissioner's Office (ICO) on your behalf, to ask them to arbitrate on the wording of your proposed Notice of Correction. The ICO will then make an order to say what Notice, if any, should be added to your credit file" Surely they should add some sort of note, in pending to the notice being approved. Are Notice of Corrections actually worth it? I'm hoping that with the notice added, I would be able to obtain full time employment in the Finance Sector - where I've previously been refused due to the default.

Nope. Same address as I have been at for the past 25+years. Three have communicated to me in the past at this address with promotion material when account was close to renewal. It was one envelope received with both letters from Lowell saying they bought the debt and one from three stating they sold the debt. All credit reports still show Hutchinson 3G LTD as closed (settled) as of 17th November balance £0

Morning all. Following on from PDC claim back in Jan 2021 (https://www.consumeractiongroup.co.uk/topic/431180-pastdue-three-alleged-debt/) I have received a letter from Three & Lowell stating that Three have now sold the debt of £201.43 to Lowell. As per the original PDC post, I was told I'd I owed anything when I switched network I'd receive a final bill - however no final bill received and ALL credit report entries relating to Three are shown as closed and all show that the balance was £0 account and marked as settled. Should I ignore, or respond to Lowell - I've been getting texts and emails every few days from them relating to this (not posted sooner as I have only just returned from hols)

So they've replied to FOS and it's a pitiful response: "Capital One has come back to say to bring this matter to a close its willing to refund £14.36 as per your earlier calculation. Please confirm you are now in agreement and I will then ask them to make the payment." My reply: "Forgive me for the time I've replied, sitting round a pool in Portugal all day. In regards to their offer, I reject this completely. They are making a mockery of myself and the Financial Ombudsman. How many other customers have they defrauded/stolen money from by being so inept? Originally I was prepared to forgo any financial redress by way of removing both defaults - how ever as they refused this as they need to do things "correctly" by their own words, then they will need to calculate the redress correctly. If they do not know how to calculate simple interest on an account then they should be directed to the FCA as it's schoolboy/girl maths! I provided the correct way to calculate the interest a number of times now to both yourself and CapitalOne directly. As stated in my original email the calculation of the £14.36 was an example as to how completely incorrect their 21 pence calculation was. "Even if you incorrectly apply the 8% directly to the Fee & Interest charged and not by Days Elapsed as they are supposed to then that should be £14.36 before Tax. (£179.58 x 7% = £14.36)" The £14.36 is based on a total or Interest + Fees at 8% - this is NOT the correct way to calculate this, and even the FOS website tells you how to calculate it. What Capital One need to do is EXACTLY the following: 1) As requested a number of times - Provide me with the list of Fees and Interest plus the date they appeared on my statement - this will be what they have already refunded. If they can not then why not? What are they hiding? - I have asked for this breakdown again via yourself and CapitalOne repeatedly but this has not been forthcoming. If they want to be funny about it, then I will demand that they provide this under the GDPR. 2) Calculate the 8% simple interest correctly as follows: (i) Copy each Fee and Interest into a spreadsheet with the date it appeared on the statement. (ii) Next to EACH entry calculate the number days it has taken from Statement entry date to refund date. (iii) Next to EACH entry times this by 8 (iv) Next to EACH entry divide this by 36500 (v) Total EACH value that has been divided - this will give you the TOTAL 8% Formula is: Payment being refunded x number of days elapsed from statement entry to Settlement Date x 8 / 36500 = 8% simple interest For example: Interest applied to the account on 05/06/2018 was £0.30 So the formula would be entry amount (a) x number of elapsed days (b) x 8 / 36500 a*b*8/36500 = 0.30*1491*8/36500 = 0.98 This must be done for each statement entry being refunded. If they do not agree to doing this correctly then I would like the matter escalated for deception and fraud against HMRC. It's gone beyond being reasonable with them now. Here I am, unable to get a full-time job in finance due to the default they've placed, where a group of people have looked at this for months and still can not get a calculation correct. It's sickening and heartbreaking." I'm getting really p##### at how inept and how they think they can pull the wool over my eyes. Yes it's only a 40-50 difference, but it's now the principal - Do it right or I will take it even bloody higher to show how Capital One are defrauding their customers past and present due to how they calculate redress and also how they are not calculating this correctly so HMRC can have this cut.

FOS are trying to wipe their hands of it saying they don't get involved in the calculations. Fact is they aren't just only depriving myself but there is also the tax element - although small, it's still HMRC they are not deducting the correct amount. Who do I have to address this with seeing as FOS adjudicator is remaining impartial?

Can someone please advise as to who I can raise the incorrect calculation of the 8% simple interest. CapOne still insist that £0.21 is the correct amount of interest, they responded to the FOS with the following: "We refund all interest and fees charged from the point of acquisition. A new balance is calculated in each cycle that is the total principal balance plus any new spend less the total payments made (ignoring interest and fees, which have now been refunded). If at any point the recalculated balance becomes negative, then the customer would have paid more than they owed and so we refund statutory interest on this balance at a rate of 8% per annum until either the balance is positive again (driven by spend), or until the time of the redress calculation."

Thought as much. My previous dealings with ICO is "oh we will have a chat with the business and tell them off, but your data remains unchanged". I'm thinking of going back to CapOne and see.if they can remove the default as they have gone against their own words with removing the 2nd card completely instead of just the negative info. As to me that is against FCA/ICO rules in reporting

All credit reports have been refreshed this morning. Each one only shows one entry for CapitalOne in the closed accounts section. Now surely where capital one have been saying "they can not remove the default as they are legally obligated to report correctly" is a load of dogs danglies. As surely they should have removed the negative information from the credit record and still reported the account, as removing account history causes another negative impact to my credit reporting and borrowing power. Based on this, does it bode well at challenging the removal of the other account - who is the body that oversees the correct reporting of information?

Agreed but I'm off work else I would have used the Adobe PDF tools (like I've done previously on CAG) Yesterday CapOne have paid in the amount of £254.75 This consists of the £75 Compensation, Fees refund £63, Interest refund £116.58 and 17p for the 8% interest (less 4p tax) I have contacted CapOne directly about the error in working out the 8% this but they have said they will respond via the FOS. Although the money is better off in my pocket than theirs my concerns are still about the other default. I told the Account Manager I spoke to that it's having an impact on my employment, financial stability and mental health knowing that I will be penny pinching for the next 4yrs being on a temps wage instead of the full time wage of £30k+ a year. I even said to her that I've worked in finance all my life and I just proven my knowledge by explaining her the error where the team responsible has got it wrong. That was brushed away with a "will pass the details to the team concerned" Am I now out of options regarding removing the Default, starting to wish I never paid it off.

Thanks - I don't think the site.i used stores it correctly

Yep - but the FOS said it was upto the business to remove as a gesture of goodwill, as he sees that there was nothing wrong with the way the first account has been run. I even questioned how over limit fees were applied to the account within 24hrs/next working day. Between Feb 15 to Aug 15, I had consecutive Overlimit fees applied. From Dec 2014 to Jan 2020 A total of 37 Over Limit / late payment were applied to the account @ £12.00 with only 6 being refunded

So here is the information sent to me by FOS in reference to requesting a breakdown and removing BOTH defaults: “Please see below for a breakdown of the refund for Mr X second account; Fees £63 Interest £116.58 8% interest 21p minus 4p applicable tax £75 compensation Total £254.75 I've arranged for this to be sent to the bank details provided and the customer should receive the funds by the close of business on the 30th May. I've also requested for this account to be deleted from the customer's credit file however, this can take 6-8 weeks to update. Mr X has also asked if we could consider removing the default from his other account. However, as we've previously explained that this has been added correctly and we're unable to remove it as a gesture of goodwill.” I have gone straight back to FOS stating that the interest is completely incorrect - how have they managed to get 21p as 8% interest on the refund before compensation? Am I right in saying 8% is applied to each transaction to be refunded in the following way: Charge x Days Elapsed x 8 / 36500 then total the amounts & deduct tax. Also the default on the first card is now going to stay on until 2026 - this will be my only negative marker. I did try to get them to change the date of registration as I did originally receive a Default Notice 21st October 2017 as they set up a 6mth Payment plan. (was two months in arrears) However I stated on the 24th October that I did not want a default recorded and asked family to pay the balance off so the default was never actually registered. The actual refund is not my issue it's really the default - this is preventing me going Full-Time (currently a temp) as I'm working with Financial information and the company can not employe me outright due to negative markers. My boss is understanding but I can only remain as a temp (between 10 & 15k wage difference from temp role to perm)

Attached is the letter received. This is where I am confused. Shop Direct sold to the Debt to CapQuest who are a DCA - The entry on credit report changed from Shop Direct to CapQuest before it dropped off. Letter states that all dealings are now with Moorcroft and not CapQuest This is why I was under the impression the Moorcroft have bought the debt from CapQuest. So based on the letter is it Moorcroft I send the letter to (via their customer portal?) or CapQuest? Shop Direct CapQuest.pdf

Should the letter be to CrapQuest or the "change of Agency" Moorcroft. If it is Moorcroft can the letter be uploaded to there Contact Us/customer portal section of their website (not entering mobile and using the email address Capquest holds my main email address) Also isn't Capquest a debt collector?

Yep Statute barred: I have credit reports from Oct 2012 that the debt was originally ShopDirect this report had missed payment markers Mar 2012 to Oct 2012 as I was disputing charges. Then on a credit report from March 2013 it shows: Account Name: CapQuest (Formerly FTC) Type: Mail Order Account started 22/03/2010 Default Date: 04/12/2012 Current Balance: £884 and Default Balance: £393 With two months Default markers Credit report Apr 2015 shows that the Balance was £884, but then in May 2015 balance was amended to £524 This was a the result of complaint with directly with the original lender Shop Direct and not Capquest. The refund was never given to myself by Shop Direct but passed straight to CapQuest which I disputed as the complaint was between myself and Shop Direct. I never got an reply relating to that. I have not had any contact with CapQuest probably since 2015 to tell them that the account should be closed due to the complaint and that is should be passed to the original lender. I have never agreed / acknowledged the actual debt with CapQuest or any such contract with CapQuest - it has always been disputed with the original lender.

Hi all Lovely letter dated 17/05/2022 has been put through my door branded Capquest with "Change of Agency" qouted It is for an alleged debt of £524 relating to ShopDirect with original agreement date of 22/03/2010 The letter tells the Balance on your account is still owed to CAPQUEST INVESTMENT LTD and I need to get intouch with Moorcroft Now this debt no longer appears on my credit reports - fell off probably about 3/4yrs ago. I've not been in communication with Capquest relating to this debt or Littlewoods. Do I just file this away in the bin?

Just received response from the FOS regarding Card 1: "Further to our last communication I went back to Capital One to ask about re-dating the default as per the Payment Plan you entered into in 2017. But it has come back with evidence of a phone call from you on 24 October 2017 cancelling the plan saying you were doing so as you wanted to avoid a default. So the card remained in use and why the default date finally applied in 2020 continues to look right. If you have any more questions then please let me know. Otherwise I would be grateful if you could confirm your agreement to my early view." I don't remember that - but from paperwork provided by CapOne it does show me making the 1st Payment plan of £5.00 then clearing the balance later in the month. I do not know what else I can do regarding getting Card 1's Default removed. CapOne still have not issued what they believe the refund + compensation would be for Card 2 or date as to when they will remove the default. I'm reluctant to confirm the agreement without having written proof from CapOne of the amounts/dates being refunded. Is there anything else I can do regarding Card 1? Am I right to state to the FOS that I'm reluctant to confirm anything until CAP one confirms amounts/dates being refunded.

Spoke to FOS as I had email bounce back from them. The adjudicator said that they do not get involved in the amount which is owed or the time frame to remove the negative info. I asked him regarding card 1 and the default notice received in Oct 2017. He said there was no default just a payment plan for 6mths, but I told him the letter was in the files i provided that they issued a Default notice and date this in their letter relating to the plan. He is going back to capital one for more info as I've sent that default notice to him again. He gave me the impression that he thought the default would only be applied to the account for 6mths and terminate.the card. If default should have been applied Oct 2017 then all charges (over limit and late payment) should never been applied. But I also think that if they didn't mean to send it then it was a scare tactic?

I forgot to attach the fos letter they sent to CapOne on the above post. It can be found within this post (sorry) FOS has come back to me today (28th) stating that Capital One has now come back to accept his view. He then asked as to where I would like the Compensation paid to. As he has'nt supplied a breakdown of the refund (only stated compensation in his reply and not the redress as well) I've asked him for that and also confirmation from Capital One of the time frame to adjust adverse information on the credit reports. I'm expecting the redress should be around £160+8% and also the £75 compensation, so approx. £280 I remember when I spoke to FOS Adjudicator I did mention about offsetting the refund against Card 1, but he said that would not be possible because there is no guarantee that I would have used that funds for payment of the card or something else.. Looking at the statements for card 1, if I put only the first months interest refund of £5.72 (05/06/2018) it would negate the Overlimit Fee I was charged, making it £17.92 in credit on account closure. (applying all interest makes it £188 in credit on account closure & at date of Default the balance would have been £94 of a £200 credit limit) The other point with Capital One accepting the Adjudicators view, they accept that a payment plan for Card 1 was issued on the account, this payment plan resulted in a Default Letter being received October 2017 - but no default applied to the account. Do I have actual further argument to remove the default on Card 1 OR even have the Default applied correctly based upon the first Default letter? This would mean the Default would drop off Oct 2023 instead of Feb 2026 If I do have further argument to what do I do, as adjudicator has now made his decision? FOS letter to CapOne - 14.04.2022.pdf

7mths later.. yep FoS are very behind with their work load. Update FoS asked what would I be looking.for by way of resolution. Told them I am not interested in Monetary gain but to have the two defaults removed. FoS decision: Card 1: Can not see any issues, statements would have showed correct balances. Its upto ICO if there is any issues with regarding incorrect information with SAR - not for FoS to act upon. Card 2: They have said looking at the time the card was issued, it shouldn't have been due to a payment plan already being in place on card 1. Resolution 1: I asked that instead of financial refund, I am open to the clearing of both defaults as full and final settlement. FoS put this to CapOne who have refused. Resolution 2: FoS has decided that due to the irresponsible lending on card 2, FoS must do the following: Refund Interest, Fees + 8% Statutory AND provide compensation of £75 + remove the adverse information associated to card 2 (Inc removing default) This is now with CapOne for their acceptance or objection - they have til 28/04/22. Question I have. Would I be able to contest or state that if the interest & Fees are to be refunded ie put into the position if I didn't have the card. Could I positively argue that these funds would have been offset against Card 2. I ask this as Overlimit charges exist.on Card 1 but if you deduct the Card 2 interest repayment for these months I would be under credit limit. (On multiple occasions)