Hi all, I just wondered if you could help me, I recently made an error with paying my mortgage. It was due for payment on the 28th January, but for unforeseen circumstances there was insufficient funds in my bank account and the payment was not made. I was paid on the 31st January, Halifax reapplied for the payment on the 11th February which was accepted. I went onto my credit report this morning and a late payment marker has been added, I'm horrified. I know this was my mistake, but feel I'm going to be penalised for next 6 years, I feel sick. Is there anything I can do? I have now changed the date my mortgage payment comes out to ensure this doesn't happen again, this is the first time a payment has missed on my account. Thank you

Hi All, I bought two items from Ideal World 2 months ago on Flexi Pay. A Ryobi Leafblow and The Yellow steam mop. The leaf blow is fine but the Steam Mop is aload of old tosh(Putting it mildly) It keeps on getting clogged up so I have toregularly take it apart and poke at the steam nozzle to get it working again. Idon’t think this is reasonable for an item that is only 2 months old and Iwould consider it not fit for purpose. What my issue is that the debit card I used on flexi pay was cancelled withmy bank (By myself) so Ideal wrote to ask for another number or they would tryagain on the 19/1/2013 for the last payment of £44.00. I called their CustomerCare and explained that I need to get the steam mop sorted and to give them mynew card details. Just as I was about to give them card details I had anepiphany and said to the customer service person that I did not feel happygiving them the £44.00 for a item that is not working. Even though they haveagreed to fix the item I will be without a steam mop but would of been relivedof £44.00! (The steam mop cost £60.00 originally) The CS explained that if I didn’tpay it they will try again for the payment and charge me £12.50 when it bounces.Do I have any right to withhold payment until I have received a fully workingproduct or have ideal got me by the b****k's and I should just pay up? This ismore a principle than trying to pay my dues. Thank you

Hi All, Just received my SAR which made very interesting reading. Charges amount to £390.00 on a £300.00 credit limit, they must of seen me coming! FOS dealing with charges and refund; but I don't think they will deal with the incorrect amount entered on my credit report. What I have noticed from the SAR is that the default was entered on the 12/01/2007 for £460.00; then on the 14/02/2007 I made a payment of £368.55 which cleared the balance. £92.14 is listed as MISC OTHER FEE REFUND. So does this make the default amount incorrect by their own admission? I was going to send all information to the ICO and the CRA's to once again ask for this entry to be deleted, feeling wery now! Thanks Tom

Cheers Brig, I've emailed the CEO and have had a standard "We'll look into it" response, so I'll wait and see. I just cannot get over these people, thick doesn't even cover it. Thanks Tom

I haven't got a clue, I never denied having the account, just the £104 they say I owe?

Copy of e-mail sent to Tom Alexander Orange CEO and BCC arrow into Dear Tom Both myself and my wife have had Orange mobile phone contacts for nearly two years now(Account number ) and are very happy with the service we receive. However I am not so happy with the treatment I have received from an Orange assigned Debt Collection Agency chasing an alleged debt for an old Orange contract that I can categorically say is not owed by myself. I was first contacted by Arrow Global in October 2010 to say that a £104.00 was owed to them (). I immediately called their call centre to dispute. They said they would look into it and get back to me, they never did. In May this year I made a mortgage application to which I was rejected, on looking into my Credit file to investigate I noticed that a Default Marker from Arrow Global was registered against me, hence why I was rejected for a mortgage. I have since sent several letters to Arrow to dispute the alleged debt and requested on more than one occasion for proof of the outstanding balance. They have totally ignored my request and continue to demand payment. I feel that I have a right to see evidence if I don't agree to what this company is saying. I am now going to report this company to The Office Of Fair Trading for unscrupulous debt collection activities and to the Information Commissionaires Office (ICO) for recording incorrect, unsubstantiated and libellous information against my good name. This is not a complaint about Orange; but merely to inform you of the unscrupulous practises being employed by a company working on behalf of Orange.

We write further to your correspondence....... Arrow Global have a duty to record data accuratley with the credit reference agencies(CRA'S) and therefore obligated by law to update your credit file to reflect we are now the sole creditor of your account. We will not be able to remove the default. As advised previously we are under no obligation to provide documentation which has been supplied. This is evidenced by the payments you made prior to allowing the account to fall into a default state. We suggest you make payment of the outstanding amount without further delay to avoid escalation to legal action. A statement of account has been requested from orange and will be forwarded to you on receipt. We trust this information assists in explaining how the debt has occurred and look forward to receiving your payment proposal. Couldn't work out how to enlarge, typed by hand "word for word" and complete with grammatical errors. thanks Tom

I give up, can't enlarge

[ATTACH=CONFIG]28764[/ATTACH]

[ATTACH=CONFIG]28762[/ATTACH] Sorry hopefully you can see. Cheers

Hi All, Just thought I'd update anyone that is interested. On the advise of OFT I sent one final letter to the Arrow Global tewrps, see below: "Dear Sirs Thank you for your letter dated 21st June 2011. I now understand that this “Service Agreement” is not regulated under the CCA 1974 so will not be pursuing with my request for a signed copy of the original credit agreement. However you have failed yet again to provide proof of the alleged debt of £104.00 with Orange (Account Number: ) I will say again, this matter is fully disputed. I will also draw your attention to the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection(As quoted in previous correspondence), which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question. Judging from the last paragraph in your recent correspondence, it would seem that your company believes it does not need to comply with the CPUTR 2008 guidelines. Any further demands for payment as per your previous letter will be reported to the Office of Fair Trading. I will ask one final time that you provide proof this debt is still outstanding, if you cannot within the next 7 days could you please remove the default marker logged by Arrow Global with the credit reference agency as is unsubstantiated. If you could be so kind to write and confirm this matter is now closed and that my request has been carried out" Response received is attached, as you can see these people are totally unprepared to deal with me. Complete utter t***sers. I have now sent a complaint to Tom Alexander Orange CEO/OFT and the ICO. I also BCC Arrow global on the e-mail I sent to Tom at Orange and backed it up with an e-mail to them saying what I'd done and who else I'm going to report them to. No response upto now:wink: Sit and wait I suppose. Tom

Thanks Brigadier

Hi All, Just a quick update, I ended up sending these fools proof of my address to get closure and a removal of the default. The accompaning letter was a hybrid between the Prove It letter and and a request for supporting documentation for the orginal issued "default notice". They have responded to say they have no obligation to supply the DN with no mention of proof of the alledged debt. The closing paragraph basically demands payment or else kinda thing, can these idiots read? I have sent one final letter to request proof to the debt in question if they cannot provide this within 7 Days I have demanded that the default be removed from my credit report. I've got a feeling that they are going to reply with a load more c**p, so I think I'll be contacting the ICO. Is there anyone else I can complain to? thanks Tom

Sorry peeps I've been at the idiot pills, just read the letter again from Captial One and their response is in relation to a previous "Chase up" letter I sent them and not my SAR request. Just being send so many letter I have got a little confused. my bad. I await their response to the SAR

Hi All Quick update, SAR sent last week, response from Cap1 is to say the've sent their "final response" so will not be dealing with my request(In so many words) Didn't send me back my tenner though. Of to the FOS I think. Cheers Tom

Totally agree with all thats been said, I have a score of 870 (Fair) with Experian and 290 (Very poor) with Equifax, this score has dropped from 360 in the last 4 weeks and keeps dropping. I have not taken out anymore credit, not missed any payments, not defaulted on any loan and not applied for any credit. Work that one out, I'm baffled.

As always, top advise guys, thank you. Could you tell me do I hold of from the FOS untill I've SAR Captial One?

Hi All, Just had another letter from Cap1 with the following response: To confirm your previous account ending in 0621 went into default on 12 Jan 2007 for £460.69. You have since made the payment which has bought your balance to zero and we have recorded a settled default on your credit file. As you will be aware, where there is no sum which is, or will, or may become payable under the credit agreement, then the obligation to provide documentation under section 78 of the CCA does not apply. Therefore, on the basis of the above, we have no obligation to provide you with a copy of the documents that you have requested. I am baffled how the above response was given for the question asked below: 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number: 2. You must supply me with a signed true and certified copy of the original default notice 3. Any deed of assignment if the debt was sold on I have now sent my complainant of to the FOC; but feel this is not going to get e very far because the basis of my complaint is noncompliance to the CCA request. I have also mention that I requested a statement of my account(as per request above) to reclaim penalty charges all of which they have not responded. Just as a further observation, they have entered the wrong account number on the default, I have informed the FOC of this point also. I was wondering now I have received CAP1 final response re this matter, does this apply if I write to claim charges on this account? As I've been unable to get CAP1 to supply a statement of account, I can only claim for the £160.00 that is showing over my £300.00 credit limit.

Thank you Brigadier.

Hi Brigadier, your right on the letter they are saying this is their final response. Do I complain to them or do I need to go to th FOS?

Thanks again James, you've been very helpful.

Thanks James for replying. No James it was someone on my thread who was asking if a default could be sent via e-mail. You have just given me a boost with your suggestion of claiming my late payment back. Is it more difficult now to claim these charges or is it just bank accounts they have tightened up on? Thanks again, feeling a little happier now. Maybe I'll leave giving the small chap a pasting lol:jaw:

:-xWhy enjoying my obligatory Saturday morning bacon sandwich a letter dropped through door from my friends Cap1, basically explaining to me that they have a divine right over responding to section 78 requests and that they refuse to remove the default from my credit file. Completely baffled I opened my Experian credit report to my horror the dreaded default has reappeared. To say I'm mad is an understatement:mad2: After I'd calmed down a little (Sometime on Sunday night) i read the rest of the contents of the letter. They list the date that the default letter was sent to me, with the amounts and when the default was entered against me. They then go on to profess how they are whiter and white and are only accurately reporting on how my credit card ran. They also said that they had passed my CCA request to their section 78 team(who would respond when they can be a***d if at all) I'm just at a complete loss to how these people get away with noncompliance and think they are above the law. I'm on the verge of giving up; but maybe I'll have one more go. Something seems unjust that they entered the default for £460 of which £160 was down to late payment charges. Am i right in thinking this is wrong? other and that I might write and say that I did not ask for the default to be removed but merely request my CCA and default notice to which they have not supplied(36 days so far) anyway, I’m off to pick a fight with a small guy.

I certainly will Silver. Funny thing is, that I only sent a letter via recorded delivery yesterday morning to say that they had not responded to my CCA and default notice request within the alloted time. I added that I would be esculateing the matter to the relevent people if I did not get a responce withing the next 7 days. I received the call from Captial One at 10 am this morning and the default removed by 6.30. The power of word eh?

Just a quick update for anyone that is intrested. I received a call on my mobilie today from Capital to discuss my recent letter. The lady on the phone was very pleasent; but sounded a tad meekly. She asked for more information on my previous Captial One account, which I was only able to give vague details. She explained that they were struggling to find any details relating to the account, so were finding it difficult to respond to my request for a CCA and Default notice. I said that if that was the case, would you please consider wiping the default from my credit file? She said she could not make that decsion and would have to esculate the matter to another department. Upshot is, I checked my credit file when I got home, low and behold the default has gone! Good work Captial One. 2 down 1 more to go yay