Capital one / capquest

[gazareth]

good afternoon all

 

my partner had a debt to capital one which was bought by capquest ,

she entered into a repayment plan which was paid via direct debit weekly,

 

around 2 years ago she checked her bank and saw that capquest had upped the payment

so rang them and set it up to be payed by standing order to avoid them changing the payment amount again.

 

all was well up until easter bank holiday (2012) when she recieved a phone call stating that she had defaulted on her payments

( this was due to the fact that her payment should have gone out on the monday , obviously this didnt happen due to the bank holiday ) and so the payment was late.

 

The lady from capquest changed the date that capquest should recieve the payment day to accomodate any future bank holiday disruption

but it also meant that my partner now has a default notice on her credit report.

 

Today she recieved another call from capquest saying they had cancelled her agreement due to late payment again due to the bank holiday,

even though in the callers own words ''the payment should have been recieved on the 10th ( yesterday ) they cancelled the agreement on the 9th'' ?????

resulting in yet another black mark against her name

 

what i want to know is ,

are capquest allowed to cancel agreements without prior notice?

and should she recieve defaults due to capquest's incompetence to realise that banks are closed on bank holidays ?

 

sorry for the long winded post but its really infuriating when she's doing her best to pay her debts .

 

i could understand if she was trying to dodge paying her outstsnding debts

 

any advice would be greatly appreciated

thanks in advance

gaz

[BRIGADIER2JCS]

Hi, I would think Cap 1 would have defaulted the account

berfore it was sold to Capquest and what is on the credit

file is the update when they bought the debt.

What she will have signed is a variable direct debit so

they could raise the payment.

 

The markers on the report are late payment markers I think.

[dx100uk]

tell us the full history of this debt please

 

i bet cap1 hit ou with loads of £12 PENALTY charges.

 

have you all the statements

 

dx

[gazareth]

hi thanks for the replies

 

capital one did mark a default on her file prior to it being sold to capquest , however 2 more have appeared during the time she has been dealing with capquest.

 

the history of the debt is that she had a decent paid job when she got the credit card from capital one but then lost her job around 2 years ago , she rang capital one to arrange a payment plan to clear the debt but during this she defaulted which as dx100uk states involved being hit with a number of charges which resulted in the debt being passed / sold on to capquest who she set up the direct debit with this was then changed to a standing order after capquest kindly made her overdrawn at the bank due to them increasing the DD amount again resulting in charges from her bank. Now capquest seem VERY keen to get her to change from standing order back to DD which she refuses to do ( understandably if they can keep jacking the payment amounts up ) the problems seem to arise when theres a bank holiday and the people who call from capquest basically imply that its her fault that the banks dont trade on bank holidays.

 

unfortunately she doesnt have the capital one statements but does have numerous letters from capquest but the majority of the time they always want things sorted over the phone. threatening court action if she doesnt set up new payments immediately over the telephone which i keep telling her not to do and to get everything in writing. (thanks to advice on this site )

 

gaz

[BRIGADIER2JCS]

Is it not part of the DD ''guarantee'' that DDs will be paid on

the next banking day after a bank holl.

 

These new ''defaults'' show what exactly??

 

The original default date placed by Cap1 cannot be changed,

1 debt, 1 default, 1 default date.

 

If you can scan and post up that section of the file, after removing

personal details I will be able to advise nore easily.