Capone default notice removal

[joerogangolf]

hi ,

approx 3mths ago i got phone call out of the blue from a company called CAPQUEST,

 

at first i did not know what they where talking about but turns out i had a debt from approx 8/9 years ago from capone for £53(this was news to me)

 

they said i had been paying £5 every month for the past 8 years from my bank account which had stopped once i moved accounts.

 

when i checked this it was true and i paid the outstanding amount straight away so nothing would appear on my credit file.

 

i have subscribed to experian for the past 3yrs just to keep an eye on my credit files which have had no defaults on them and always has been excellent.

 

as soon as i paid this a file appeaed which showed up about 18mts defaults

 

i phoned capone and asked what the story was and they said they had contacted me with default letters,

 

the thing is i have moved about 4 times since i had a capone card, and told them i never received any letters,

 

i posted of my experian full credit report to them which showed all my addresses and credit details which also showed no default

and asked them if they could remove this from my file but they wont play ball.

 

how can i resolve this situation.

 

thanks

[BRIGADIER2JCS]

Hi welcome to CAG, Something makes no sence here, what was the original default date on this account if this was from 9 years ago the default entry would have been removed paid or not after 6 years, and no new default can be entered.

Can you please post up a redacted copy of the cra entry?

[dx100uk]

i would suspect as the account is that old

 

it would have been defaulted more than 6yrs ago

 

so has dropped off

 

once that happens, it cannot return.

 

i would contact the CRA people firstly

 

explain what has happened...cap1 have put back an account that had previously been defaulted and dropped off

on the Original Defaults 6th birthday.

 

 

the ICO says:

All references to a defaulted debt must be removed from your credit files after 6 years has passed from date of default,

whether paid off or not.

This is so that someone who continues paying something even after 6 years from default should not be at a disadvantage

to someone who pays nothing after default and ends up with a clean file after 6 years.

 

then demand it is removed.

 

i would also write a complaint letter to the data controller of cap1

 

oh

 

and stay off that phone!!

 

never ever talk to fleecing DCA's about your debts

 

they are NOT bailiffs and

have NO SUCH legal powers.

 

i hope you paid CAP1 not crapest!!

 

dx

[dx100uk]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN]

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[joerogangolf]

HI the thing is i had been paying £5 up to last year and they said that is why it is still active. i paid the money to capquest.

[BRIGADIER2JCS]

I would have expected this to have been defaulted by CAPONE, you made have to make a Subjects Access Request to Capone to find out what's been going on.

Do you know if Capquest own the debt or are just collecting on behalf of Capone?

[joerogangolf]

it was paid to capquest, but when i talked to capone they said a settlement was put on my credit file but its the defaults i need removed from my credit file. these only appeared on my file once i paid the bill. capone was never even shown on any of my past reports and i knew nothing about oweing them money

[BRIGADIER2JCS]

Formal complaint to the Data CONTROLLER AT CAPONE SEND RECORDED DELIVERY THEY ARE WRONG TO DO THIS.

[joerogangolf]

i dont know how i should word this letter. is there anyway it should be put. I sent them i credit report which showed diffrent addresses and perfect credit history in my last letter to them. thanks

[BRIGADIER2JCS]

OK, I''ll draft something for you, 1 question which company shows on that credit file?

[joerogangolf]

hi below is a cut and paste from my credit file. thanks

 

CAPITAL ONE

Entry Number: C10 | Account Updated to: 27/11/2012

Name: MR Jxxxx

Address:

 

Date of Birth:

Account Type: Credit card / Store card

Started: 08/04/2004

Current Balance: Satisfied

Default Date: 26/11/2011

Default Balance: £117

Satisfaction Date: 02/10/2012

Partial Settlement:

Start Date: 01/10/2012

 

View Account Status Details:

Account Status Details

(1-12 months)

Account Status Details

(13-24 months)

Account Status Codes

(25+ months)

Last updated: 27/11/2012

Status Code:

 

Balance:

£0 £117 £117 £117 £0 £117 £117 £117 £117 £117 £117 £117

Payment Amount:

£60 £0 £0 £0 £0 £0 £0 £0 £0 £0 £0 £0

Previous Balance:

£117 £117 £117 £117 £0 £117 £117 £117 £117 £117 £117 £117

No. of Cash Advances:

0 0 0 0 0 0 0 0 0 0 0

Cash Advance Amount:

£0 £0 £0 £0 £0 £0 £0 £0 £0 £0 £0 £0

Payment Code:

Promotional Rate:

N N N N N N N N N N N

[BRIGADIER2JCS]

THAT DOES NOT MAKE SENSE, ALSO THE ENTRY IS UNFAIR AT THIS LATE DATE, GIVE ME A WHILE, PERHAPS UNTIL AM TOMORROW (few probs typing).and

I''ll put a letter together.

[joerogangolf]

ok. thanks for your help.

[dx100uk]

follow post 4 and scan that sheet please

 

dx

[joerogangolf]

dont understand. scan what form?

[dx100uk]

cra report

 

dx

[BRIGADIER2JCS]

cra report

 

dx

 

post 11 dx:!:

[dx100uk]

diplays crap to me

 

i'll respace it.

 

then

 

dx

[BRIGADIER2JCS]

hi below is a cut and paste from my credit file. Thanks

 

capital one

entry number: C10 | account updated to: 27/11/2012

name: Mr jxxxx

address:

 

Date of birth:

Account type: Credit card / store card

started: 08/04/2004

current balance: Satisfied

default date: 26/11/2011

default balance: £117

satisfaction date: 02/10/2012

partial settlement:

Start date: 01/10/2012

 

view account status details:

Account status details

(1-12 months)

account status details

(13-24 months)

account status codes

(25+ months)

last updated: 27/11/2012

status code:

 

Balance:

£0 £117 £117 £117 £0 £117 £117 £117 £117 £117 £117 £117

payment amount:

£60 £0 £0 £0 £0 £0 £0 £0 £0 £0 £0 £0

previous balance:

£117 £117 £117 £117 £0 £117 £117 £117 £117 £117 £117 £117

no. Of cash advances:

0 0 0 0 0 0 0 0 0 0 0

cash advance amount:

£0 £0 £0 £0 £0 £0 £0 £0 £0 £0 £0 £0

payment code:

Promotional rate:

N n n n n n n n n n n

 

ok, this will all be in caps as one hand typing.

 

The data controller

capital one

 

ref: As on their letters.

 

Dear sir,

 

i refer to the recent correspondence regarding the conduct of capital one regarding reporting the details of my account no. Xxxxxxxxxxxx as you will be aware i have now settled this account entirely and the balance is £0.

 

I am disturbed to find that capital one have now seen fit to place a ''default'' entry for this account on my credit files, considering that capital one have not reported this account at any time duruing the life of the account until i settled it i consider that placing this entry at such a late date breaches the icos' guidance on defaults and is manifestly unfair.

 

I am prepared to allow capital one 7 working days to remove the defamatory and unfair entry from all credit reference files, i shall report the matter to the ico and fos if i do not receive a positive reply and i will consider appropriate legal action.

 

Recorded delivery, check receipt.

[joerogangolf]

letter is on its way, recorded

will let you know how i get on. big thanks for your help

[joerogangolf]

HI

its been nearly 2wks and have still not heard from cap one and my credit report has not been changed. is there anything else i can do to get them to remove the default. thanks

[BRIGADIER2JCS]

They are always slow just send a reminder.

[joerogangolf]

In the reminder would I send a copy of the letter I sent, and I said in it I would give them 7days to remove the default, or I'd contact fos. Would they not think I'm just calling there bluff. Thanks

[BRIGADIER2JCS]

Yes Joe!! let em think what they like, we can deal with their response as needed.

[joerogangolf]

Should I maybe leave until the new year and then send a reminder.