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Everything posted by mothsinmywallet

  1. Had an issue with Crapquest recording wrong default date on my credit file which led to a mortgage application refused. They also gave incorrect info that it was up to me to prove the correct default date. After 5 months the ICO has responded. They agree that Crapquest were wrong and the info was incorrect. BUT from the reply from Crapquest to the ICO they believe they do take Data Protection seriously and therefore have decided not to take any action and thank me for bringing it to their attention. Save the cost of a stamp if anyone is thinking of going down this route.
  2. Cheers for the advice Bazooka Boo, I have written to Barclaycard for their final response on the matter. I have enclosed Capquests response which basically blamed them. I have asked for the original default notice and a copy of the assignment paperwork. I strongly believe Capquest are in the wrong and its them I will be gunning for and hopefully Barclaycard will provide me the info which will nail Capquest. I'll keep everyone posted when their response comes through and from there i'll decide whether if its solicitor time or fellow CAGers advice to assist.
  3. Sorry forgot to mention.... the £100 compensation was to come off the balance oh, and as a gesture of goodwill they are cancelling the interest charged since they took the account (which they hasten to add they are entitled to do). wow
  4. Hi guys, need a bit of advice. Barclaycard had default date recorded on credit file - 11/07, debt sold to Capquest who recorded default date as 7/08. (I have proof of credit reports). The change of date cost me a mortgage application as the company I was going through ignored defaults over 3 years old but Capquest new date put me under 3 years. Capquest have now changed but interest rate of this company increased so over the 2 year fixed rate paying about £1k more over the 2 years. Capquest blame Barclaycard for not giving them the default date on assignment and said they are entitled to use the bureau default date if one is missing??? Is this true? When I first complained they denied it being their fault and had confirmed this with Barclaycard. However when I got through to another person they admitted contacting Barclaycard and the date was wrong and they corrected it and offered me £100 as compensation!! I have contacted the Information Commissoners Office and have received a complaint received letter and would be contacted in due course but this has been over 2 weeks ago and nothing since. I am writing to Barclaycard with Capquest response blaiming them to see what they say. Any ideas of next steps? Capquest are adament they can get hold of my original T+Cs to go alongside a microfiche copy of an application form to reconstitute an agreement. Many thanks in advance.
  5. I went from Barclaycard to Debt managers to Robinson Way to Westcott and then eventually sold on a year later to Capquest. Westcot are easy to get off your backs.
  6. From my previous employment working in a DCA who specialised in catalogue debt it is well known that many catalogue companies dont even hold a valid CCA. When you got your first order you would normally be sent a credit agreement to sign and return which many people didnt. The companies never bothered to chase up. Marshall Ward is part of Shop Direct which are famous for not holding them. I used this to my advantage when I got my catalogue account written off and credit ref entry removed. They will always send you a blank copy saying thats it... just write back and say I dont think so!!
  7. Time wasnt on my side and I know that letters would take 2-3 weeks to be looked at and responded to. It shows that when the previous person looked at it they responded to say they had contacted Barclaycard and their info was correct. Now this new person has contacted them and its incorrect. Goes to show that there is a lot of fobbing off by DCAs. Getting the date changed was the main issue, once that is done I am going to push for the debt removed totally. Capquest know its unenforceable but they are sticking to their guns and will still record it on the credit reference files. If they thought there was a chance of payment they would have pushed it a long time by now. I have a tight case for compensation but may use this to my advantage to say if they agree to wipe debt and remove credit listing I will not pursue for compensation.
  8. Capquest called back and the default date they put on was incorrect after speaking to Barclaycard. They are going to ammend with the CRAs. Next step is to get them to admit this in writing then push for a bit of compo 8-) Many thanks to all
  9. Ok, ok, i'll take the lashings but I have committed the ultimate sin and phoned Crapquest just now. I only confirmed the details they already knew so I was on my guard. Spoke to the compliance department and the person which has always replied to my letters is now "no longer with Capquest". Spoke to a nice lady who I will give credit to looks like the department has got a mountain to climb trying to rectify this womans mistakes. She is going to look into, got her contact number and name so lets see. Also spoke to Experian..... they cant do much they said apart from write to Capquest and chase them every 2 weeks for a response.... useless!! The account has been terminated and only one default notice ever issued.
  10. Cheers guys. The Barclaycard default date was 1/11/07. The Crapquest date they have is 3/7/08 The mortgage company I have found will ignore debts over 3 years but with the new default date it is less than 3 years old. Crappy say that is the date they have on the paperwork, but to me thats around the time the 1st external DCA was instructed. Is by getting a SAR request in the only way of getting hold of the original notice of default? Problem with Crapquest is that they take about 3 weeks to reply as surprise surprise they probably have that many complaints!!
  11. Cheers FS, Only got a letter from Capquest informing me they had bought the account. When queried notice date their reply was "thank you for providing evidence of the default registered by Barclaycard and the default registered by ourselves" "We have investigated the matter and confirm our default date was given to us by Barclaycard". (hang on.... why only since you guys took over has the date changed??) "Unfortunately we are unable to resolve the matter on your behalf. In order to resolve you will need to contact the credit reference bureaux and request the default date to be corrected. You shall need to write with full details of the matter enclosing copies of the original default and the incorrect default by ourselves" So in the last sentence they are admitting they are in the wrong, as the account holder they are refusing to correct the date and getting me to do it. Experian said to me its their job and have written out to them. I have also made a formal complaint to the Information Commissoners Office. In the meantime I cant get a mortgage offer and hoping desperately the house we want doesnt sell!! Tiem isnt on my side and I want to do as much as possible to speed things along, hence the possibilty of a SARs request.
  12. Does anyone know when a debt is sold on and the new company registers the credit reference entry under their name who is responsible for proving paperwork? I am querying an incorrect notice default date from what Barclaycard had on their entry to what Capquest have on theirs. (It is affecting a mortgage application). Capquest say because they didnt issue the notice its down to me to get it from Barclaycard to check the date. But surely if Capquest are the account holders now its up to them to prove one exists, the same as sending a £1 for the CCA??? Any ideas guys?? A letter to Capquest or go the SAR to Barclaycard? Cheers in advance
  13. Hi all, Capquest have really got me wound up as just had a mortgage application turned down because of them!! When Barclaycard had the debt they listed the default date down as 1/11/07. Now since Capquest took over the account the default date changed to 3/7/08. I have copies of old credit reports and sent these to Capquest to query and asked them to send a copy of the default notice. Had a letter back from them today. They confirm receipt of the evidence and say the date of 3/7/08 was provided by Barclaycard. they state as they did not issue the default notice it is up to me to get it from Barclaycard. "Unfortunately we are unable to resolve this matter on your behalf".... now heres the good bit....."In order to resolve please write to Experian with the proof you provided and enclosing the copy of the original default by Barclaycard and the incorrect default by ourselves". Hang on... you said in the first paragraph it was correct!!! The date 3/7/08 is about the time it was passed to the first debt collection agency so basically Crapquest have screwed up good and proper. I could have got a mortgage as the company I was going through ignores debts over 3 years. This new default date is under 3 years old!!! I phoned Experian and they said they would write out to Capquest as they are the account holder and they have to prove the notice of default was correct. So are Capquest going to tell them to write to Barclaycard..... Can anyone advise me the next step to get this date lifted. I have a slim chance of reviving my mortgage if this date gets changed. Who can I write to - the information commissioner or the ombudsman? As the account holder do Capquest have to prove the notice of default exists even though they didnt send it they have registered it under their name. Any advice/tips greatfully received as i am seriously stressing out. Cheers
  14. Every SAR seems to be aimed at the original creditor to get the statements etc for charges etc etc. If all is failing with a DCA and there appears no way out then SAR them if you can. For the £10 fee they have to send everything on file they hold about you. This includes screen prints and this is where they can slip up. Having worked at a DCA before (boo hiss boo) we were always being drilled into us watch what comments we put on screen as debtors have the right to see them and if there is the slightest offensive remark then they can be sued. So "Snotty woman called offering piddly amount" can get them into serious trouble..... what a shame!!
  15. Don't expect much from Crapquest!!! Have a read of this inkslinger: How can I have a registration removed or marked 'satisfied'? You should send or take a letter to the court where your case was last dealt with. Your letter should include the claim number and your full name and address. The claim number is particularly important as the court will not be able to find the record of your case without it. With your letter you should send: written confirmation (from the person you owed the money to) that you have paid the judgment; and a fee for each case you wish to have removed or marked 'satisfied'. If you are sending a cheque or postal order for the fee, make it payable to 'HMCS'. If you pay by cheque, the court will not be able to remove the judgment or mark it 'satisfied' until your cheque has cleared (usually 14 days). If you have not been able to get written confirmation from the person you owed the money to, you can still ask the court to remove the judgment or mark it 'satisfied'. If the court records do not show that you have paid your judgment, court staff will write to the person you owed the money to. When that person replies to the court, or after one month of the court's letter if they do not get a reply, the court will send your request to Registry Trust Ltd. Court staff will send you confirmation that the entry on the Register has either been removed or marked 'satisfied'. Registry Trust Ltd will then pass this information on to the credit reference agencies. But it may take a few weeks for your credit record to be updated.
  16. When they start offering discounts it means they admit to not having a leg to stand on. If they had a watertight case they would have done something by now. Worst can happen is that it just sits on your credit file until drops off 6 years after default issued. If already been to a couple of DCAs dont be surprised if debt sold on, means nothing different. Just go through same motions again. If they had a good case their own legal dept would have taken action, thats why they havent!!!!
  17. Have a look at these if any can be adapted: http://www.consumeractiongroup.co.uk/forum/content.php?609-Can-t-find-the-letter-you-want-Look-here
  18. With bulk buying of debt because they buy it at literally pence in the pound (10p per £1 I have heard) there is a mixed bag of good and bad debt. Barclaycard would have passed the minimum paperwork onto them and because of the price paid they dont want any hassle so Barclaycard don't want to be answering every little query from Robbing **** No Way. So Robbers will flog the debt to death even though they know its bad to try and force you to pay, even by altering documents!! 2 ways to go about: Play awkward and ask them to send you the original notice of default as you don't believe you received it. Beacuse they own the account now and the notice is a vital part of the collection process they have to produce it and Barclaycard aren't going to send one out!! Or write a letter to say if they believe it can be taken it to court..... then go on!!!
  19. Allow another week for the CCA if only on 27th Dec because of extra bank holidays etc. Write to Credit Security to say CCA req from Westcott and account in dispute and until copy produced then will not look at any further.
  20. Santander's response would be to say you should have took gap insurance which would have covered shortfall so I wouldn't expect much from them. How is your credit status?? Are you looking to get a new car on finance? The only way you can lower your payments to Santander is to stop the direct debit and offer them £XX a month. But it will affect your credit.
  21. Crapquest are normally quick to register on your credit file - sign up to the free months trial at credit expert and then cancel to get your free online report. It will come up "Capquest (Formerly FTC)"
  22. Watch your balance rise with Crapquest.... look at the balance of the original letter and look at the holding letter balance!!! They are unbelieveable and they can charge as much as they want. Im in same boat - 3 DCAs had it and now Crapquest want to reconstitute an agreement. Somehow I don't think so... Ive gone for the show us the original notice of default now that you own the debt if not then remove the credit listing letter!!!
  23. Hi all, many thanks for the advice and tips. As I don't plan to get a mortgage till this time next year I am going to us this year to try and wipe it off. What I plan is to get the original notice of default from Capquest first to see if they can come up with the goods as they are now registering debt in their name after buying it from Barclaycard. What I have heard and this will test it out is that when Company X sells a debt onto a DCA they will send across the basic of paperwork, mainly the CCA and nothing else to the DCA in case of query. Because the price they have bought it at is very low the original creditor doesnt want to be hassled with queries so its basically a mixed bag of good and bad debt they sell in batches, some you win, some you lose. Now the chances of them having the original notice of default are 50/50 so worth a shot. Judging on how that goes if it does fail will I decide whether to offer the F+F. I will keep you all posted with any developments. Have a great new year all, Moths.
  24. We plan to buy at the earliest 2012... we are sort of watching the market at the moment. Rates are bound to go up this year so we are waiting for them to stabalise plus house prices should have dropped further. Plus this year will be used to try and get Capquest off my back and saving more for the deposit. Many thanks Harrased Senior for your advice and other posters too. I'm going to fire off a show us a copy of the default notice as never received letter and use the offer of payment as a last resort.
  25. Many thanks for the advice guys. I don't have a mortgage at the moment as in rented. I remember reading somewhere that someone offered £x to a DCA to go away on the condition that all credit reference listings are removed as at the end of the day the DCA made a small profit. Like one poster mentioned it was "without prejudice". I'm in a sticky situation as the mortgage interest rate will differ by 3% if the default stops on. My previous dealings with Capquest have been met by a stroppy data compliance clerk who admitted in her last letter the debt remains unenforceable until they got a copy of the t&c's and try to "reconstitute" an agreement.
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