Capital One & Robinson Way

[evancosmo]

Just checked my credit files & noticed a bit of an anomaly that I'd appreciate a steer on please guys.

 

There is a "settled" Cap One agreement (could be "satisfied" - not 100% sure on the term they used & report not in front of me now whatever the term was Experian shows this as satisfactory). The settled / satisfied date showing Feb 04.

 

There is also a Robinson Way default on the file for the same amount as the Capital One balance; the start dates are the same & Robinson Way entered the default in October 04.

 

I never received a default notice on this (or if I did I can't remember)

 

I've done a CCA request already (they should have received it this morning).

 

Reading the threads it appears they'll struggle with the CCA request; what do people reckon are my chances of getting this default removed?

 

Many thanks!

[cerberusalert]

Only one default can be registered against the same debt, make a complaint to Experian & demand the later one be removed & send Robbingscumaway this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/586-legal-notice-issued-under-section-10-of-the-data-protection-act-1980 although you may have to tailor it to suit.

[evancosmo]

thanks Cerebus. Sorry if I'm being a bit dense or not that clear.

 

The Capital One file entry is showing "settled" in Feb 04

 

The Rob Way file entry is "default" in Oct 04, It is the same agreement - same start date (day month & year). I cross referenced against another CRA (Callcredit) & they said account closed with balance the same as the one Rob Way defaulted on eight months later.

 

(may have been a bit unclear in initial post)

 

Any thoughts?

[evancosmo]

bumping this thread as I wondered if anyone could cast some legal light on this issue.

 

Can the same debt appear as two seperate entries on a credit file?

 

The position

A Capital One credit agreement showing "Settled" in Feb 04

 

Robinson Way open a new file for the same agreement (same start date - day/month/year) with the first entry being a default in Oct 04

 

Anybody care to share with a newbie??? Not sure I understand what "settled" means in this context or why RW can open a new file for an account that the OC marked as settled! Scared of rocking the boat in case Cap1 remove settled information.

 

Thanks in advance

[payback68]

 

Anybody care to share with a newbie??? Not sure I understand what "settled" means in this context or why RW can open a new file for an account that the OC marked as settled!

 

Experian Settled Accounts

 

A settled account is one which you have made all the repayments to and which has been closed.Experian keep records of settled accounts for 6 years from the date they were settled. The status code shown on your credit report against a settled account refers to the period before the account was settled.

 

Defaulted Accounts

 

An account in default is one were you have not been able to keep to the terms of a credit agreement. Experian keep keep a record of these accounts for 6 years from the date the lender decided you have broken the terms of your agreement (the defaulted date). The lender should have told you that the account was to be classed as being in default.

 

Making payments to a defaulted account after the default date does not change the history of the account, even once you have made all the payments. The satus history shows that, at the defaulted date, you were not keeping to the agreed terms.

 

The details about the account will show how much money you owed when the agreement was broken and how much money you owe now. It will reflect any payments you have made to the organisation since the agreement was broken. When the account is paid in full, the information will be updated to show "Balance Satisfied".

 

I can't really understand why they are attempting to re-open an account which has been declared "settled". IMO they can't full stop.

 

Hope this was helpful.

 

Regards.

[evancosmo]

Thanks Payback, my thinking was pretty much along those lines but good to hear it from a third party. It'll be interesting to see what they come back with from the CCA requests I sent on Saturday.

 

Cheers again!

[cerberusalert]

Have you got a hard copy of your credit report, if not take a 'screen-shot' of it just incase the a/c marked 'settled' mysteriously disappears.

 

How to take a 'screen-shot' of a web page;

 

Open Microsoft word (if you have it or Paint will do), go onto your credit file screen press F11 to give you a full screen then have a look on your keyboard for a button that says Print Screen. It is usually on the right hand side of the keyboard where the Page Up and Page Down buttons are. Press Print Screen, then F11 again, go onto Microsoft Word then right click and paste.

[evancosmo]

Thanks Cerebus. Got a screen cap & hard copy of the Experian report.

 

So am i right in thinking that Robinson Way have b@llsed up here by putting a new entry on file for an account the OC had marked settled? Could really do with having some fun at the expense of a DCA - little hobby for the summer!

[cerberusalert]

Yes, they've defaulted an a/c that has been settled. You should make a complaint to the OFT & the ICO including a copy of the entries as evidence & send Robbingscum this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/586-legal-notice-issued-under-section-10-of-the-data-protection-act-1980

[payback68]

Thanks Cerebus. Got a screen cap & hard copy of the Experian report.

 

So am i right in thinking that Robinson Way have b@llsed up here by putting a new entry on file for an account the OC had marked settled?

 

As far as i know, they can only do this if the debt has been bought. The old account will have been closed and a new active account will show the name of the lender who has bought the debt. They have no right to log more details regarding the account if the OC has logged it as being settled unless they are the new owner of the debt.

 

Best of luck

 

Regards.

[evancosmo]

thanks for the input Payback. Assuming Rob Way bought the debt of Crap1 (after they entered a file entry that the acct is settled). Can Rob Way then proceeded to default the account without issuing a default notice?

[payback68]

Hi,

 

Personally i would take the advice of cerberusalert as he knows his stuff.

 

Also it maybe beneficial if you contact the Information Commissioners Office by phone and explain to them what the situation is, they will be able to advise you further;)

 

Link to ICO:- https://www.ico.gov.uk/Global/contact_us.aspx

 

Regards.

[evancosmo]

Just got off phone with ICO & their view is that once an account is settled, its settled. If the debt was sold, this could be a "mistake"! Yeah & I'm the Easter Bunny. Complaint to ICO & OFT off today & suggested letter to Rob Way.

 

Thanks guys!

[sunflower99]

Just got off phone with ICO & their view is that once an account is settled, its settled. If the debt was sold, this could be a "mistake"! Yeah & I'm the Easter Bunny. Complaint to ICO & OFT off today & suggested letter to Rob Way.

 

Thanks guys!

Good on you!

[payback68]

Just got off phone with ICO & their view is that once an account is settled, its settled. If the debt was sold, this could be a "mistake"! Yeah & I'm the Easter Bunny. Complaint to ICO & OFT off today & suggested letter to Rob Way.

 

Thanks guys!

 

This is the problem with CRA's. Experian work with their own members (CAIS) which i explained above, however if the debt has been passed on to a none member of their "information sharing scheme", the debt may show as "debt assigned" which in effect means that the lender has reported that they sold a debt to an organisation which is not part of their information sharing scheme. They will keep the record in the original lenders name and show it as "closed".

 

CRA's are just as bad as DCA's..

 

Regards.

[evancosmo]

Just done online complaint to ICO & used the Experian credit report & screen capture for supporting evidence; lets see what happens! Noted this can take 90 days!

[evancosmo]

Complained on Consumer Direct too. Don't know if that's of any use.

[evancosmo]

I've been grappling with the s.10 letter re: the above & wondered if you would share opinions on this draft please? Btw, I've CC'd it to Capquest & HL Legal as they've both weighed in lately.

 

Many thanks!

s.10 Rway Cap1.doc

[evancosmo]

Morning fellow Caggers,

 

Well got home last night to a response off Crapquest on behalf of Robinscum Way on behalf of Crap1 (long chain of events).

 

Well it didn't acknowledge the CCA request but acknowledged "my recent contact for information" & informed me that the account was on hold for 28 days. Which of course is 16(14) more than allowed for by the CCA request. Giving them enough rope at the moment! Oh there was a second letter as well (same date) for the same account threatening a doorstep call & / or litigation. C'mon Crapquest - left hand right hand!!!!

[evancosmo]

Surprise surprise but I haven't received a response to the s.78 request; so now things are technically in default but I did get a letter offering me a 25% discount for F&F during their 12+2 days period.

 

Dodgy dealings at the CRA & attempting collections activity while the account is in dispute. Think I may need to do another complaint to the ICO. Is it worth complaining to Trading Standards too?

 

Anybody got any input on this other than a s.10 DPA demand?

 

Cheers guys