I have exactly the same issue as this. Creation put a default on the account many years after i last had contact with them , 2010 and my last contact with them was 2005...now thats the first default that has been registered on the account and it messes me up for YEARS to come now..did you find how if you could resolve this , surely they should have defaulted sooner?

Deleting due to resolved sorry not sure how to delete

Ok update on this thread, so...I wrote to capital one letting them know I required my original credit agreement ( not the application form ) and statements as I would peruse claiming back charges on the account , I have just recieved a letter from them which basically says the OFT has not challenged the right to apply default sums just the amount they are set at, the level is £12. We have looked at your account and without admission of liability will reduce all default sums charged in the six years prior to the date of your complaint to £12, the amount of refund will therefore be £186.04 . This is made up of £168 for all default sums charged about £12 plus £18.04 for interest charged. I am unable to refund any sums prior to six years of you making your complaint because under the Limitation Act 1980 you are out of time to make any complaint in relation to these charges. It then goes on to say if i would like to accept the offer i must do so within 14 days , it says that the debut was sold to Robinson way back in 2008 and they no longer report to credit reference agancies regarding it.. I would love to here your thoughts on this people? I was under the impression it had to be the people who added the default who then sorted it out? also does that seem right to you that they will only refund the part of the charge that was over £12? Any ideas what to send them now. I am still waiting for my SARS request to be sent as I have had nothing from them

Hi there, the last payment was made the month I left, which was Feb 2006 , the agreement was taken out January 2005. I am having a nightmare with these people because they just wont respond to me at all , this is the second letter I have written them now, the first one asking for a copy of my credit agreement they completely ignored. I have written to Experian but they said they have spoken to the company and the company say they believe everything on my file to be true so refuse to remove it. I'm stuck as to where to go from here.

Hi thanks for your reply, it says on the credit reference files it's fixed term credit for 60 months!

Every time I have a question you guys always seem to know the answer so fingers crossed this time you can help too .. as you may or may not know I have been trying to clean up my credit file, this is the largest debt on there. Years ago in January 1995 a man came knocking on my door asking me if if i would be interested in a big flat screen TV , being on the bread line at the time i refused , he then offered me a deal where I would pay 60 a month for it and I accepted ( those tvs back then were not as common as they are now, it was a real luxury ) , filled in the forms and it was delivered. Skip forward to the beginning of 2006 I was moving to the other other end of the country ..literally as far north as you can imagen , because it didn't make sense to take my possessions with me , except personal artifacts, I rang the company back up and the TV was collected , along with its box and un-used stand because we had wall mounted it. Now this company is telling me that I owe them £3600.....I'd paid a years worth of £60s before I left and handed them back the goods, I don't remember exactly what was said at the time of getting the TV but it was something along the lines of you will be able to upgrade later on, so effectively hand the TV back and get a newer one. I haven't heard from them at all, then I see a default on my credit file for £3600 and its default date is October 2009!. Now I don't know if i do owe them anything but if i do surely its not that for a 37 inch TV which they had back and had a years payments for too? and if I do owe them anything is it right that they should have left it until nearly 2010 to play a default marker on my account which is likely to cause me issues now until October 2015! Any help of suggestions about where to go with this would be fantastic. No I don't have any of the paper work at all , everything, even family photos went missing from that move. From memory though I believe they called themselves Open and Direct not Creation Consumer Finance, although this could be the same people? Thank you in advance.

ahh no see Aktiv have completely removed the entry not marked it settled or satisfied, its gone..

yep I do ....one question though...if another DCA does take over the debt are they allowed to put a fresh default on my file for it or no?

Update , received a letter this morning after that email I sent and they have ceased all collection activities , closed their file and said they were contacting CRAs to have the default removed, having checked with Experian they have already done it ...very pleased but having read some of the other threads a little bit concerned another DCA will take over from them now , guess its just wait and see

ok thank you for your help!! will keep the thread updated when I hear back from them.

in with the bundle RW sent me was also a letter entitled Notice of Assignment dated 2008..it says this letter serves as formal notice to you that the assignment of the account to Robinson Way & Company LTD , we are now the administrator and owner of the debt in place of Capital one.. so I assume that means they bought it yes..

OK, that's about what I thought too , I have written to Cap One and asked them for a copy of all my information, including proper statements , I need to look at the charges on them properly, I have drafted up a letter to RW saying I am dealing with getting my info from Cap One , once I have it in my hands and see what it says , what is owning and what may be able to be claimed back in charges I will then look to sorting things out with them, do you think that's reasonable? the amount owing from what I can just guesstimate at the moment is made up of an outstanding balance of 40 percent and the rest of it is interest and charges.

alright thank you, I have managed to scan and upload what they sent me now ... but no i stopped making payments back in 2009 after they never sent me the CCA and I figured therefore it was unenforceable so let it be..

no never did receive a default notice , although one is registered on my credit file in 2006. I started making token payments to RW back in 2009 because I knew nothing about CCA or wotnot...I was only paying £5 a week and they sent me the statement of that as well, then I was enlightened so to speak and asked them for one, and that was it never heard from them again. Now several years down the line Im trying to clean up my credit file from a rough period in my life and I contacted experian and asked them to contact RW...hence this old application showing up now with some kind of account statements..

I have recently asked for a CCA Robinson Way for an old Cap One debt, yesterday they sent me what looks like the application form I signed originally back in 2004 and another sheet with some terms on it, along with this they sent me reams of printed out what they say are statements, but there is nothing on them except balance and credit limit...no payments made or charges. I have read around a few threads but most of them are quite old, a lot of people are under the impression that this isnt a CCA? I wondered if anyone could tell me if this still stands now as enforceable or no? thank you

Thank you ..lots!

oh hmm I am in Scotland, but I was living in England back then.....is it where you are living at the time or..where you are living now that matters?

Thank you I will do that. I wish I had the same bank account as I did back then but I cant even trace payments.

Hi I wonder if you lovely folk can give me some advice here, Lowells have put a default on my credit file for a debt with T-Mobile back in 2005, the debt is for £200 which I'm quite certain was settled back then... I have sent a CCA request to them and this morning received a letter that says We can advise you that this is not a regulated agreement under the CCA 1974 and therefore out client has no obligation to provide you with a signed agreement under the provisions act. We trust this clarifies the situation and we look forward to receiving your payment. is this right and if so where do I go from here?

Thank you I am going to tell him that so they should really be able to give me the agreement..

The man who is writing to me has basically said He wants to know the dates i lived at the address the catalogue was opened at and he wants to know my opinion on the print out He sent me... I'm not going to rush to answer him and I'm grateful for whatever you can find out

Hi..it's aktiv kapital, the company us jd Williams..they said because of the kind if account it is it dosnt have an agreement..

to be honest I'm not sure, I know that sounds a bit strange but none the less true. I got myself into a bit of a pickle a few years back (2006/7) , was moved out of my house into emergency accommodation, my ex was abusive, there's a year or so there where I don't much remember a lot of what was going on , was pretty depressed. Anyway I have a few of these debt collection agencies now asking me for money, one of them is in relation to a debt I have asked them to send me an agreement for but, they say its a catalouge debt so they cant because this type of account dosnt have an agreement, they did send me a print out and on it lists the items/prices/charges etc the charges are over half the amount of the total they say I owe....no account number on the print out.. nor my name, just like an excel sheet.

Please could someone tell me, if you have a debt that totals £500 and the charges on this debt are £251 , thus meaning the actual amount owed because those charges are unlawful is actually just £249. Am I right in thinking you could claim back those charges therefore covering the amount of the real figure owed? or no?

i will..and thanks again..