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evancosmo

CRA files when OC shows "settled" & DCA shows "default"

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I've got a situation where I've got two defaults with DCAs (Cabot & Lowell). The OCs (Crap1 & Vanquis) still have their accounts listed with the CRAs; but they are showing as "settled". The Lowell default shows up 8 months after the OC settled date & as for the Cabot, well the OC settled date shows up 8 months AFTER the Cabot default date. Done CCA requests on both so waiting to see what fairy stories they come up with but in the meantime wondered if anybody had a view on this?

 

Thanks


"Evancosmo" is short for the evanescent cosmopolite.

 

THE TRUTH WILL SET YOU FREE :rolleyes:

 

1st Credit: CCA request sent

Cabot: failed to provide CCA - s.10 DPA letter sent

Capquest#1: failed to provide CCA - s.10 DPA letter sent

Capquest#2: failed to provide CCA - s.10 DPA letter sent

Abbey: on going

Equifax: "attributable data" CCJ removed - Aug 09

 

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Have you actually settled the accounts? The OC can mark the account as settled once it is sold on and the DCA can then make payment entries on your file, under a new record.

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I have the same, alliance and leicester wrote off their bank charges, closed my account and then marked it as settled on my file when they registered the default. this was twelve months after the first charge was put on my account. The whole 'debt' relates to bank charges. They have refused to remove it even tho its in dispute.

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I have the same, alliance and leicester wrote off their bank charges, closed my account and then marked it as settled on my file when they registered the default. this was twelve months after the first charge was put on my account. The whole 'debt' relates to bank charges. They have refused to remove it even tho its in dispute.

 

similar here with Abbey after account closed following settled bank charges case. never received any correspondence from them, no default notice or anything...am now in final stages before court action after SAR and CCA requests ignored. raised complaints with ICO and FOS just to make them sweat and waste some of their time for a change

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The things that are confusing me here are:

 

a) Can a credit file have multiple entries for the same agreement? OK, the DCA bought the debt from the OC but it is the same agreement

b) How can a DCA issue a default without a DN? They searched & found me to start issuing collection letters, so why not the DN too? Or do they not need to bother because the OC should have done that

 

Maybe I'm just getting too bogged down in semantics; but it irks me that one agreement can have two file entries.


"Evancosmo" is short for the evanescent cosmopolite.

 

THE TRUTH WILL SET YOU FREE :rolleyes:

 

1st Credit: CCA request sent

Cabot: failed to provide CCA - s.10 DPA letter sent

Capquest#1: failed to provide CCA - s.10 DPA letter sent

Capquest#2: failed to provide CCA - s.10 DPA letter sent

Abbey: on going

Equifax: "attributable data" CCJ removed - Aug 09

 

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The things that are confusing me here are:

 

a) Can a credit file have multiple entries for the same agreement? OK, the DCA bought the debt from the OC but it is the same agreement

b) How can a DCA issue a default without a DN? They searched & found me to start issuing collection letters, so why not the DN too? Or do they not need to bother because the OC should have done that

 

Maybe I'm just getting too bogged down in semantics; but it irks me that one agreement can have two file entries.

 

They cannot default with you without a notice, it's in breach of section 7 of the Data Protection Act 1998. You need to send them a CCA request (£1 cheque enclosed) and see what paperwork they have.

 

And no, there should not be 2 entries for the same account on your credit file

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I have a similer problem. Default notice was served in 2001. 2 entries appeared this year. One from Santander/Debenham , showing as settled, and the other one is from (the famous) CL Finance. I wrote to Experian and after few emails they removed Santanders record. But CL Finances report still there. This one is showing as code 6 ( payment missed). Now my query is: Can they do this after 8 years?? Please help

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