Cap 1 refuse to remove default after ombudsman order

[workaholic duck]

Ongoing issue with Cap 1 thought was resolved ages ago.....

 

I've had threads relating to it before here but it is still not finished!

 

Briefly, had Cap 1 loan with PPI added + interest. All paid except a portion of PPI that I refused to pay when I realised it was useless (self-employed). A/c in Dispute.

May 2008 took it to ombudsman.

Oct. 2009 result - PPI must be refunded + interest. Cheque rec'd for balance after witheld part of PPI deducted.

Aug 2011. Saw CRA report. Default showing from Cap 1 Nov 2008!!! No wonder my score was crap.

Referred case back to ombudsman (who had ordered the loan be reversed to how it would have been without PPI being added - it would have been in credit!).

Aug 2012 Ombudsman ordered Cap1 to remove default and pay me compensation (punitive, but something). Chq rec'd 4 weeks later. Default removed from Experian.

 

But not Equifax. They are refusing. Ombudsman told Cap 1 again to remove Default. Still refused. Even though I sent Equifax a scan of my letter from the ombudsman and various emails between us proving that they must.

 

My plan is to send a LBA to Cap1.

 

3 questions if anyone can help, please:-

 

1. The correct address to send the LBA to at Cap 1. The last address I had was in 2009 - has it changed? Cap1 PO Box 6750, Nottingham, NG2 3YA.

 

2. Because this has impacted my family life seriously, how do I calculate it in terms of compensation if/when it goes to court? The main thing was re-mortgaging. We had to get a buy-to-let mortgage on our property in order to raise funds to buy another house for us. Because of my 'bad record' I had to have my name removed from the deeds on OUR house we were renting out. The new mortgage was put in my husbands name only. The new mortgage for OUR house had to be in my husbands name only, too.

 

3. Does 'defamation of character' still apply these days? I certainly feel I have been discriminated against.

[AndyOrch]

Hi workaholic.

 

Take a read of this thread it will convey the process for damages :- http://www.consumeractiongroup.co.uk/forum/showthread.php?291299-Durkin-v-HFC.-Anyone-tried-it&highlight=durkin

 

Regards

 

Andy

[Durkin]

Hi,

 

I remember seeing a thread elsewhere about your troubles.

 

The court is generally much quicker than the ombudsman. Certainly you should be able to claim an easy £5K for general damage to creditworthiness at your local small claims court. You must also claim to have the default removed.

 

I agree you should receive much larger damages for defamation but this will involve going into the higher courts which is very stressful and where you're unlikely to recover all expenses.

 

If £5K's enough for you, you should be paid before Xmas.

 

Good luck.

 

Richard.

[workaholic duck]

Thank you Andyorch and Durkin! LBA posted recorded delivery today giving them 7 days.

Will keep a running report.

[Durkin]

You're probably wasting 7 days given Cap 1's past performance.

 

I'd go to your local court in the morning and lodge a small claim. Let the court work for you.

 

You'll be surprised at how quick things can happen

 

For example, when they receive the small claim, they may well remove the default and offer a beer chit plus expenses in compensation. It'll then be up to you if you ride it out for another 4 weeks(ish) on your way to £5K.

 

Hope your problems are soon resolved.

 

Richard.

[workaholic duck]

You are right, of course. OK, is it N1 or MCOL?

 

Sorry if it's a stupid question but I've been searching so many sites and I want to get started online.

 

It's more the default removal but now it's got this far I want to claim for the damages this has caused.

Like you say, may aswell go for the max.

[Durkin]

I'd really try and lodge a small claim live at your local court. There's a chap on here - Noddy, that has had terrible problems jumping through all these N1/MCOL hoops etc. online. I know nothing about it myself but suspect that Andy could advise you if necessary.

 

It may work differently in England but in Aberdeen you can simply get a short form from the Clerk of the court who can tell you what needs filling in. You'd then take the completed form and a copy back to the court for them to serve on the defenders.

 

Most of the time, you just sit back and wait for the defenders offer.

 

I'd like to see someone get this easy £5K though. Noddy seems like he might be the first.

 

That should simply be a matter of showing up!

[AndyOrch]

You can file on line MCOL or use the N1.

[workaholic duck]

Thanks both of you!

 

Found the N1 form, filled it in online.

 

Brief details of claim:- I've put (an approximation of details)

1.removal of default,

2. financial compensation re adverse impact on credit history resulting in unable to obtain mortgage, restrictions to business expansion.

3. incorrect data on CRA's contrary to data protection laws

4. refund of costs incurred by being forced to take this action.

 

Value:- 5k + costs

 

POC to follow.

 

Does this seem about right? What about character defamation? Is there still such a thing? Not sent it yet (I know, I'll have to re-type it all!).

Unsure about value? Should I make it under 5k?

 

With the mortgage refusal thing, it was the broker who insisted I was excluded as it was pointless even applying with a default. Might he have to confirm this in writing? How much do I have to 'prove'? Hard to put a figure on my 'losses' - all I know is that from being a confident business-owner, I became a mouse!

[Durkin]

For general damages to creditworthiness (it's form of defamation in itself) you can get £8K without proving actual losses. All you need to show is that the default is there and the evidence that proves that it shouldn't be there.

 

Sadly the small claims court restricts us to £5K but I understand that this has been under review and will be increased.

 

I'd skip data protection laws unless you're willing to quote all the spiel that comes with it.

 

I'd print the form and take 2 copies to your local court. If you file it online you'll be adding at least a month to the process.

[Guest]

But not Equifax. They are refusing. Ombudsman told Cap 1 again to remove

Default. Still refused. Even though I sent Equifax a scan of my letter from the

ombudsman and various emails between us proving that they must.

 

equifax refusing? i know creditor has been ordered to remove default, but also note s159 consumer credit act. would that be of any help also?

Edited October 23, 2012 by Ford

[workaholic duck]

Thanks, Ford. Been through it all 3 times + now! (and that's only this latest round). Equifax keep coming back to me saying Cap 1 have been contacted and they say the info is correct and must remain. They say they can't remove info without direction from creditor. Then proceed to remove the note I placed......even though I sent them scans of the letter from FOS and emails between us....and after talking with a 'human being' in customer services for nearly 2 hours! She promised it would be solved quickly.....no such luck...goes round in circles, as usual. Each blaming/hiding behind the other. Pathetic.

 

Experian have removed ALL record of it - credit score SHOT up!

 

Thanks, Durkin, for the tip about going to the court in person. I can easily do that. Also, for your help in removing some of my waffle!

 

Really appreciate all this help! Thank you again. It does allay some of my accumulating frustration.

[Guest]

did you serve equifax a 'further' notice under s159, 3? if so, then they should've applied to ico for an order ss4,5? ie 'unless it intends to apply to the ico under ss5' then they should comply with the notice of correction.? failure to comply with any given order is an 'offence'.

anyway, creditor is the main issue.

[workaholic duck]

Thanks, Ford, that makes sense now. Experian told me to do the NOC for another a/c, BC, 'impasse' can't do more until/unless I take them to court. (I suspect that one was terminated - I accepted it in writing, heard no more, charges + int come to way more than bal now, so leaving be for now).

 

Sent a NOC to Equifax, too, same time, will check if it has been attached to report.

 

Didn't know it was section, s159,3. Do now! So, if Equifax refuse my NOC for Cap 1 they have to apply to ICO under ss4,5 ? (not sure what this is?) Presumably I can quote this at them? Will check my facts first.

[workaholic duck]

Ignore that last sentence (ss4,5)! Now I understand! Sorry.

[Ganymede]

Thanks, Durkin, for the tip about going to the court in person. I can easily do that. Also, for your help in removing some of my waffle!

 

 

 

 

If you are in England or Wales all money claims must now be issued through the Salford Bulk Centre or MCOL.

 

Your local Court will no longer issue a claim.

[workaholic duck]

Thank you, Ganymede, saves me a wasted trip. Back to plan A, online it is.

 

Checked on Equifax report and as I suspected NO attachment of NOC to the other a/c. Re-sent it by raising an online complaint.

We'll see - they are SO arrogant! Do they think they only work for the lenders??? About time they got some come-uppance, I think.

 

Attached the NOC for Cap1 in a further request, this time quoting s159 and reminding them of ss4,5,6 if they don't.

[workaholic duck]

Going off-tangent for a minute. Whilst searching around for Monument 'payment break plan' (PPI in disguise) I came across this about PPI http://www.consumeractiongroup.co.uk...read.php?61081

 

With this PPI reclaim from Cap 1 (relating to this thread) could I demand a further sum for repayment of the PPI as ordered by FOS? I got the sum of the PPI, added upfront to the loan, + 8% stat int. It was easy to calculate because it had been listed as a separate figure.

 

From this article, it explains that the PPI, added upfront to the loan, also attracts interest on the entire sum over the entirety of the loan. If this is right I suspect that there is a lot more to be reclaimed, by a lot of people, me included! I shall ask my husband to calculate it (mathematician) tonight.

 

At the time of accepting the 2nd FOS ruling (Aug 2012) I did ask for a different adjudicator to check the calculations by Cap 1 to make sure they were accurate. I guess this is still ongoing. Will do more digging. Hope this might help others to get more money. Will add it to my POC which I'm currently working on.

[Guest]

link there seems to be broken?

have you checked out the ppi subforum? afaik, these are the latest linked calculators http://www.consumeractiongroup.co.uk/forum/showthread.php?330996-Latest-Spreadsheets-PPI-Claims-and-Charges-Claims-Dec-2011

[workaholic duck]

Thank you for the calculators, Ford. Sorry about the link - guess it was an old thread I stumbled across.

 

What I hadn't realised was that the interest, added after PPI and loan amount, should have been claimed back aswell as the stat 8%. No-one tells you that!

Another £500 there to add to the final bill!

 

How many others have missed out??

[Guest]

know what you mean. if compounded at the contractual rate then that should be paid back rather than just the stat int 8% (if its more of course ), but it seems fos only do the stat interest? ims21 could help on this?

Edited October 27, 2012 by Ford

[denzel5]

quick question re £5,000 small claims. i've been having a look around - is it not £3k in Scotland or am I missing something ?

cheers

[Guest]

quick question re £5,000 small claims. i've been having a look around - is it not £3k in Scotland or am I missing something ?

cheers

 

believe it is so currently 3k in the breakaway republic! how is this relevant to this thread?

[denzel5]

believe it is so currently 3k in the breakaway republic! how is this relevant to this thread?

 

thanks, thought it may be relevant as Richard has quoted £5k a few times on the thread. anyone looking for an "easy £5k" north of the border may find themselves heading to the main court if the limit in small is £3k.

[workaholic duck]

Just had an email from Equifax to say Cap1 have now removed the Default.

Great.

 

EXCEPT the missed payment markers are still showing which were recorded whilst the dispute was with FOS.

As I explained before (and why I had to go back to FOS a 2nd time), I had paid the loan in full + a fair chunk of the PPI. Nor had I ever missed a payment over the 4 years.

 

As I haven't got round to filing the court papers (mainly because FOS asked me to give them more time after she told them again to remove the Default) shall I still pursue it to get these markers removed? I have asked Equifax to remove them but, a)they take ages to respond and, b)they will probably pass the buck to Cap1 bleating on about it not being their resonsibility.....

 

I don't think it reflects my past record correctly at all. In fact, in my Final Letter Before Action to Cap1 I did say that merely a 'Settled' marker was not acceptable. And surely it affects my score?

 

It's not that I am afraid of taking it to court, I'm more afraid of it being too 'trivial' for the courts.

 

Experian removed the whole record from my report, as if it never existed. I would have expected Equifax to do the same. Am I right?