So, who has actually defaulted me?

[zosaphine]

I am in the process of reclaiming my credit card charges with Capital One. The case is currently with the FO.

 

Capital One registered a default on the account in January 2007 of around £280. This was caused by me being unable to maintain payments of the charge after charge they levied whilst i was on maternity leave and not receiving my salary. The charges I am trying to reclaim amount ot morre than the defaulted amount outstanding.

 

After i had gone through their complaints procedure, they issued their "Final Response" letter. I referred this to the Ombudsman.

 

After they issued their Final Response, they sold the account to Lowell.

 

Having told Lowell on the phone in no uncertain circumstances that the account was in Dispute, that the Ombudsman was reviewing (and still is...) i would not be making any payments, and that Capital One were out of order in passing the account to them.

 

I haven't heard from Lowell since then, however upon checking my credit file on Credit Expert, there is no longer any listing for Capital One. Only Lowell, which shows the amount outstanding, and the Default in January 07 (that Capital One issued) as Lowell weren't sold the debt until aprox 3-4 months later!!!

 

So is this right? Can i tackle Lowell about this? They technically have never issued the default?

 

Any idea's anyone?

[PaulW922]

So is this right? Can i tackle Lowell about this? They technically have never issued the default?

 

I'd suggest you are 'barking up the wrong tree'. There is not much to be done about this - it is quite normal for a debt purchase company to 'take over' the default. The details they record should not be different to Capital One's original entry.

 

I think your concern should not be who is now showing as the defaulted creditor, as it makes no difference at the end of the say, but whether the entry is correct at all..

[zosaphine]

Hi Paul, thanks for the response.

 

I often do bark up the wrong tree.. maybe someone could help a mum still suffering from 'baby brain' towards the right tree?

 

There is an amount outstanding yes, however the whole amount is in dispute as i am claiming back in excess of that amount in charges.

 

Should i be taking this up with the CRA as they are only supposed to relay accurate information.. i.e. not disputed information?

[WhatiswrongwithUKPlc]

I have recently had similar problems with Lowell and finally got the default removed. They have to show that you were in default with Capital One. Your entry suggests that the amounts were in dispute and subject to a complaint with the FO. It is difficult to tell from your comments whether or not they were entitled to issue the charges? What did the FO say?

[zosaphine]

It's been with the FO for many months now. I had a letter about 3 weeks ago, saying they'd gone to Capital One asking them if they wish to make a revised offer..... I know these things take time..

 

I'm assuming the FO will not actually rule the charges as "unfair" as they'll be leaving that to the OFT test case. I'm thinking that Capital One may make a Goodwill gesture (if they do anything at all). That being the case, they would argue the account was technically in default as they wont have admitted any blame. I did say on the FO form though i wanted the Default removing from my credit file as well as the charges re-imbursed.

 

I think my next step woud be to request a copy of my CCA from CO, see if they have a correct agreement....

 

How did you find dealing with Lowell? When i told them the account was in dispute and Capital One had issued me with their Final Response letter i got the response "Well, if that's their final response and they're not giving you the charges back, then you clearly owe us the money". I then had to explain what a final response letter was... and that it was with the Financial Ombudsman.... so clearly was in dispute & Capital One had sold them a dud... needless to say i wasnt surprised to receive a letter from them saying "We'll be in touch with you once the FO has made their ruling"

 

MUPPETS!!!!