When debt sold on who is responsible for copies of agreement/notice default etc

[mothsinmywallet]

Does anyone know when a debt is sold on and the new company registers the credit reference entry under their name who is responsible for proving paperwork?

 

I am querying an incorrect notice default date from what Barclaycard had on their entry to what Capquest have on theirs. (It is affecting a mortgage application).

 

Capquest say because they didnt issue the notice its down to me to get it from Barclaycard to check the date. But surely if Capquest are the account holders now its up to them to prove one exists, the same as sending a £1 for the CCA???

 

Any ideas guys?? A letter to Capquest or go the SAR to Barclaycard?

 

Cheers in advance

[firstship]

Hi.Moths pursue the default date issue,they seem to think they can get away with this.

 

As the debt has been sold to Capquest did you receive a Letter of Assignment from BC and also the same from Capquest

 

Capquest own the debt and it is very much up to them to deal with all requests no matter what that request might be,they would like to think they can have it both ways NO.

 

FS

[mothsinmywallet]

Cheers FS,

 

Only got a letter from Capquest informing me they had bought the account.

 

When queried notice date their reply was "thank you for providing evidence of the default registered by Barclaycard and the default registered by ourselves"

 

"We have investigated the matter and confirm our default date was given to us by Barclaycard". (hang on.... why only since you guys took over has the date changed??)

 

"Unfortunately we are unable to resolve the matter on your behalf. In order to resolve you will need to contact the credit reference bureaux and request the default date to be corrected. You shall need to write with full details of the matter enclosing copies of the original default and the incorrect default by ourselves"

 

So in the last sentence they are admitting they are in the wrong, as the account holder they are refusing to correct the date and getting me to do it.

 

Experian said to me its their job and have written out to them. I have also made a formal complaint to the Information Commissoners Office.

 

In the meantime I cant get a mortgage offer and hoping desperately the house we want doesnt sell!! Tiem isnt on my side and I want to do as much as possible to speed things along, hence the possibilty of a SARs request.

[firstship]

Hi.what are you hoping to achieve by sending SAR,you will get statements and confirmation of when the debt was sold plus all other data that BC hold being BC they will not send an agreement.

 

As I said earlier in the thread and Experian have confirmed Capquest are responsible

 

Getting the mark on your credit file removed is difficult but not impossible,check this out on this site,our views on this subject are varied.

 

FS

[dadofholly]

You can take them to court for the breach of the data protection act. And claim compensation at the courts discretion.

 

On the Information Commisioners website i believe there is a leaflet you can download.

 

Might be worth threatening them with court action - or actually issue the claim

[Bazooka Boo]

Inform the CRA's that the date of default on your CRF is incorrect, and demand that it be remedied immediately.

What was the initial date of default placed by sharklays?

 

At the same time obtain the CRA's complaints procedure, and DEFINITELY mention legal action with a view to seeking damages, especially if this incorrect data is stopping you form obtaining a mortgage!

 

Then Obtain Cr@pquests complaints procedure, inform them that the date of default is incorrect and demand that they rectify it, again mention that if they do not, you WILL seek advice with a view to taking legal action against themselves for damages.

 

Make a complaint to the OFT&TS via http://www.consumerdirect.gov.uk/contact

And an email to your local MP http://www.writetothem.com/

http://www.ico.gov.uk/complaints.aspx

[mothsinmywallet]

Cheers guys.

 

The Barclaycard default date was 1/11/07. The Crapquest date they have is 3/7/08

 

The mortgage company I have found will ignore debts over 3 years but with the new default date it is less than 3 years old.

 

Crappy say that is the date they have on the paperwork, but to me thats around the time the 1st external DCA was instructed.

 

Is by getting a SAR request in the only way of getting hold of the original notice of default?

 

Problem with Crapquest is that they take about 3 weeks to reply as surprise surprise they probably have that many complaints!!

[dadofholly]

Has the account been terminated?

 

To Terminate BC would have had to issue you a default notice - you can not be defaulted twice for the same debt.

 

Ring BC and ask them for copy of original DN.

[mothsinmywallet]

Ok, ok, i'll take the lashings but I have committed the ultimate sin and phoned Crapquest just now.

 

I only confirmed the details they already knew so I was on my guard.

 

Spoke to the compliance department and the person which has always replied to my letters is now "no longer with Capquest".

 

Spoke to a nice lady who I will give credit to looks like the department has got a mountain to climb trying to rectify this womans mistakes. She is going to look into, got her contact number and name so lets see.

 

Also spoke to Experian..... they cant do much they said apart from write to Capquest and chase them every 2 weeks for a response.... useless!!

 

The account has been terminated and only one default notice ever issued.

[dadofholly]

Ok, ok, i'll take the lashings but I have committed the ultimate sin and phoned Crapquest just now.

 

I only confirmed the details they already knew so I was on my guard.

 

Spoke to the compliance department and the person which has always replied to my letters is now "no longer with Capquest".

 

Spoke to a nice lady who I will give credit to looks like the department has got a mountain to climb trying to rectify this womans mistakes. She is going to look into, got her contact number and name so lets see.

 

Also spoke to Experian..... they cant do much they said apart from write to Capquest and chase them every 2 weeks for a response.... useless!!

 

The account has been terminated and only one default notice ever issued.

 

If you can get the date of termination then the DN has to be from before that date. TryY BC and ask if they will send you one - if not send an SAR to BC.

 

You need it as evidence to move things forward. Dont rely on crappyquest to do the right thing or you could still be in this position in 4 weeks and having to go through it all again

[Bazooka Boo]

Termination dates and default dates are two separate things entirely.

You are in default of your agreement the day after you have failed to make the agreed payment, they can only then add a default marker with a date 'up to' six months from this date you defaulted.

 

A termination notice, will simply have the date in which to rectify your account by or they will terminate the agreement.

This date cannot be used as the date of default as it is factually incorrect, you defaulted weeks, previous to this.

 

So if they are attempting to use the termination date as the date of default, then as this is incorrect data, it should be removed immediately or you reap the benefits by way of compensation from the fool adding it and the fools allowing it to be added incorrectly.

[mothsinmywallet]

Capquest called back and the default date they put on was incorrect after speaking to Barclaycard. They are going to ammend with the CRAs. Next step is to get them to admit this in writing then push for a bit of compo 8-)

 

Many thanks to all

[dadofholly]

Well thats a start - well done - it normally takes a lot longer than that.

[mothsinmywallet]

Time wasnt on my side and I know that letters would take 2-3 weeks to be looked at and responded to. It shows that when the previous person looked at it they responded to say they had contacted Barclaycard and their info was correct. Now this new person has contacted them and its incorrect. Goes to show that there is a lot of fobbing off by DCAs.

 

Getting the date changed was the main issue, once that is done I am going to push for the debt removed totally. Capquest know its unenforceable but they are sticking to their guns and will still record it on the credit reference files. If they thought there was a chance of payment they would have pushed it a long time by now. I have a tight case for compensation but may use this to my advantage to say if they agree to wipe debt and remove credit listing I will not pursue for compensation.

[dadofholly]

They can still record the debt even if they do not take recovery action - and even if the agreement is unenforceable.

 

May be worth challenging on who owns the debt - are they saying they own the debt or just acting on behalf of the creditor?

[Bazooka Boo]

I somewhat disagree there, if they cannot provide proof of your original agreement, ie they cannot prove that one ever existed therefore are unable to reconstitute one, then there is NO reason why they are legally able to apply adverse data to your CRF, reporting them to the ICO to have the data removed is your next port of call, after you have it in writing that neither they not the CRA's will remove the data.

http://www.consumeractiongroup.co.uk/forum/showthread.php?254802-No-CCA-Processing-your-data-Get-them-a-huge-fine

[dadofholly]

BB i think you are correct - but what if they are able to produce the agreement. Does that change the game?

 

From what i gather the disagreement on the agreement was who the OP should claim his copy. Now we know it should be crapquest - but what if they was able to produce one from BC.

[Bazooka Boo]

Yes sorry Homer, I've not been able to refresh my self and go over the whole thread again BUT, as you say,

 

It is the norm to send a CCA request to whoever is demanding money, if they are the gopher for their 'client' then they should pass the request onto their 'client'.

 

If they are one of the more immature DCA's they will try and fob some people off with the 'you need to send it direct' response, which is then dealt with by way of the 'FAILED' letter.

 

'IF' an agreement can be supplied, even a recon one, then yes they can process your data, if they have failed and are still processing your data, then you can send them a s10 DPA notice to demand that they stop the processing of your data in whatever form, failure to comply will then enable you to lodge a formal complaint with the ICO.

 

The CCA WILL be supplied by the OC, even if the OC has passed the account onto a DCA to collect. It just means instead of asking the OC direct, you make the request to the DCA, who should then pass it on to the OC.

[dadofholly]

Thanks BB

 

So mothsinmywallet think the answer is if they dont satisfy your CCA request - send them the in dispute letter - and then start leaning on them to remove default on the grounds that BB sugests - and send them an s10 DPA notice.

 

And let us know how you get on.

 

I think thats the best course of action - but BB or another will point us in the right direction if im wrong.

[Bazooka Boo]

Yes thats the way to go about it, if they fail to produce your agreement, then dispute the account and edit into the dispute letter that they are to stop processing your data as they have failed to provide evidence to the contrary that they can.