Disputed Account sold to DCA who've issued Default

[zosaphine]

Hi

 

I've been in process of reclaiming charges from my Capital One acccount. Total aprox £300 which is total owing on account. Having issued a final response/deadlock letter, they then sold the debt to Lowell 3 days later..

 

Having received letters from Lowell I phoned them and advised I acknowleged no debt to them. That the account was in dispute and I was taking matter to the Ombudsman.

 

He got shorty with me demanding full payment, at which point I re iterated it was in dispute and put the phone down. A couple of weeks later, I had a letter from Lowell acknowledging that I was dealing with the Ombdsman and they wouldn't contact me again until judgement had been made.

 

I have since got an online credit report and Lowell have issued a default!

 

This was last summer!

 

2 weeks ago the Ombudsman rang advising Capital One have agreed to refund all charges as goodwill gesture and I would hear from them in due course.

 

Since then I have had about 3 letters from Lowell, each getting more threatening, saying I have to pay them in full, and neither they, or Capital One are aware of any reasons I have for withholding payment!!

 

I thought accounts in dispute couldn't then be defaulted?

 

Can anyone advise please what I can do, if anything to have the default removed?

[dx100uk]

they shouldn't .. no.

CCA Cap1, specifically asking for a statement of A/C.

write to Lowells an envoke their complaint proceedure, stating could they please remove the default as it was placed by their error, the A/C was in dispute at the time etc etc, as ack'ed by their letter [inc a copy]. give them 14 days to respond.

 

when you get the cap1 CCA, if the default has not been removed by then, post all three letters to the CRA, asking them check their data and remove the default.

 

dx

[frettful38]

Hi zosaphine

 

I think its bloody awful what they have done to you. I am sure a lot of people will be worrying about what action DCA's will take when you send them any cca or sar's, me being one of them.

It would be so nice if we had the power to put Defaults on there company systems, they would have thousands, but unfortunately it don't work that way.

I hope you get some good advice, I wish you luck, and I am sure someone will be along soon to help you out,

[zosaphine]

Lowell have kindly sent me a copy of my credit agreement with their last 2 letters saying it was enclosed as per my request... I haven't asked fir this, I haven't contacted them since last summer...

 

So this is their new tactic I think, as they are realizing people are getting to know their rights!

 

Thank you for your reply

[BankFodder]

What you are receiving here is not unusual. All the banks, debt collection agencies and other financial institutions are routinely breaking the rules.

 

Capital one are subscribers to the banking code. The banking code that paragraph 13 says that they are not entitled to lodge a default if the account is in dispute. Sometimes there is a question as to whether the account really is in dispute but in this case because you have a deadlock letter, there is no doubt and also there is no doubt that capital one are fully aware of this. Furthermore the information Commissioner has issued very clear guidelines to the credit reference agencies that default should not be entered on disputed accounts. It therefore seems very clear that the CRA are themselves acting in breach of the information Commissioner's guidelines.

 

A loss of people are suffering this problem and if only because of this I would suggest that you do not just restrict yourself to sending letters on your own behalf but also to make an issue of it so that either the courts for the ombudsman know about it and make a decision which will have more impact than if you allow them simply to sorted out privately just for you. Anyway, the chances are that if you just write and complain, no one will take any notice of you.

 

Unusually, I think this is one for the ombudsman. I think capital one have acted completely inappropriately sending an account to which they know there is a recent deadlock letter, to the debt collectors.

 

I think that you should write and complain formally to Capital One that they have started enforcement on an account when they know fully that it is about to be dealt with by the ombudsman. Complaint also that they have allowed the account to be defaulted when they know that it is in dispute and about to be dealt with by the ombudsman.

 

Write to Lowells complaining formally that they have breached the information Commissioner's guidelines by default and you on a disputed account and that you require them to have the default removed completely within seven days or else you want to proceed with the matter to the Financial Ombudsman.

 

Write to the credit reference agencies with a copy of the deadlock letter and point out to them that they have accepted a default entry in respect of a disputed account and that you require that the default is removed immediately or else you will complain to the Financial Ombudsman and also to the information Commissioner.

 

Write to the information Commissioner anyway and complain about all three of them and that they have breached the guidelines by entering a default on a disputed account. Enclose a copy of the deadlock letter with that complaint

[SilverLining]

Hi

 

I've been in process of reclaiming charges from my Capital One acccount. Total aprox £300 which is total owing on account. Having issued a final response/deadlock letter, they then sold the debt to Lowell 3 days later..

 

Having received letters from Lowell I phoned them and advised I acknowleged no debt to them. That the account was in dispute and I was taking matter to the Ombudsman.

 

He got shorty with me demanding full payment, at which point I re iterated it was in dispute and put the phone down. A couple of weeks later, I had a letter from Lowell acknowledging that I was dealing with the Ombdsman and they wouldn't contact me again until judgement had been made.

 

I have since got an online credit report and Lowell have issued a default!

 

This was last summer!

 

2 weeks ago the Ombudsman rang advising Capital One have agreed to refund all charges as goodwill gesture and I would hear from them in due course.

 

Since then I have had about 3 letters from Lowell, each getting more threatening, saying I have to pay them in full, and neither they, or Capital One are aware of any reasons I have for withholding payment!!

 

I thought accounts in dispute couldn't then be defaulted?

 

Can anyone advise please what I can do, if anything to have the default removed?

 

Lowell been on Watchdog lately for shoddy methods! Have a look here: BBC: Watchdog

[SilverLining]

 

Write to Lowells complaining formally that they have breached the information Commissioner's guidelines by default and you on a disputed account and that you require them to have the default removed completely within seven days or else you want to proceed with the matter to the Financial Ombudsman.

 

Write to the credit reference agencies with a copy of the deadlock letter and point out to them that they have accepted a default entry in respect of a disputed account and that you require that the default is removed immediately or else you will complain to the Financial Ombudsman and also to the information Commissioner.

 

Write to the information Commissioner anyway and complain about all three of them and that they have breached the guidelines by entering a default on a disputed account. Enclose a copy of the deadlock letter with that complaint

 

Hi can you clarify if this process applies to my thread here:

 

http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/181987-default.html

 

because i'm confused being my account (or not as the case may be/is) isn't in dispute when they added default, it isn't my account... see link for details lol.

 

Thanks for any help

[SilverLining]

Bump - any ideas would be good.....

[cerberusalert]

Bump - any ideas would be good.....

 

The link's not working.

 

You would be better to bump your original thread.

[zosaphine]

Hi all

Well, it's taken a little while to get here, and with the help of a really helpful Adjudicator at the Financial Ombudsmans office, i have today received a settlement cheque from Capital One, with notification that they have cleared the rest of the balance off with the DCA

 

Furthermore, the Ombudsman has stated that as they were ordered to do this on Xmas eve - and they'd still not done it by beginning of month, they've been ordered to ensure no adverse details oar eon my credit report!

 

I just want to say a BIG thank you to all on here who have offered advice and opinions. The Consumer Action Group is an amazing community, that have really made me feel empowered instead of bullied by the Financial services and Banks.

 

Once my cheque has cleared, i'll definatly be making a donation to the site!

 

Capital One down.. Ikano Financial here I come now!

[diddydicky]

and it might be worth watching the ch4 expose o f DCA's on 20 july

 

who knows might be them again

[Crapstone]

zosaphine,

 

Well done! A little patience goes a long way.

 

And you're right. This truly is an amazing community..almost too much, as my OH always complains about the amount of time I spend on it. (Usually to help him, might I add).