BPF/Capquest - Advice Needed On Credit File Query

[markstone]

I am thinking of applying for a mortgage this year, so thought it would be good practice to check the old credit file.

 

I found that a default had been lodged on my Call Credit file for £5,650.00 by "Barclays Partner Finance"

( default date has been set at 11/05/2011 ) when I am sure they have changed the date of default forward, as I defaulted on that loan way back in 2008.

 

But on top of that, they forwarded that same debt onto a Debt Collecting agency called "CapQuest Investments Ltd"

who have set their own default for the debt - Date 31/12/2009 amount £5,961.00.

 

I am not sure if this debt has been sold on to CapQuest,

or if they are just acting for Barclays Partner Finance,

but in any case, is it legal to lodge 2 defaults for one debt?

 

The default lodged by CapQuest, is on all 3 credit reference agencys,

but the default lodged by Barclays Partner Finance, h

as only been put on Call Credit,

 

either way, my chances of getting a mortgage with even one default is remote I think?

 

I just need to know what the best way forward is going to be for me?

 

I have read somewhere on the forum, that people have managed to negotiate with the Debt Collection Agencys to remove the default by paying off the debt in a lump sum,

and if this is possible, then would I be right in saying that, Both companies would have to remove the default, if the original company holding the debt agrees to remove their default?

 

Many thanks, in anticipation!

Edited January 6, 2013 by markstone

[BRIGADIER2JCS]

Hi welcome to CAG,

 

What must be done before attempting to rectify the ''default date'' is to make a Subject Access Request under the Data Protection Act, this compels the creditor (not the DCA) to provide ALL the data that they hold on you and the account.

There is a £10 statutory fee for this, the creditor has 40 calendar days to comply. This should be addressed to the Data Controller at BPF by recorded delivery, check delivery, the 40 days runs from the day they receive the request.

There is a template letter you can use in the CAG library.

 

There can only be one default date for any debt what is the date on the BPF entry?

[BRIGADIER2JCS]

There is also the point that Call Credit is not always as up to date as the other agencies imo.

You can place notices of dispute on all of the entries.

Once you have the data from BPF it will be easier to dispute this situation.

[markstone]

Thank you so much for your reply Brigadier! Its good to know we are not alone in these "Messes"! Sorry to sound thick, but I am not familiar with some of the abreviations you used in your message, what is the DCA and what is the BPF? Thanks in advance

[BRIGADIER2JCS]

No problem, DCA == debt collection agency. BPF Barclays Partner Finance.

[markstone]

Thanks you again for your speedy responce. When I get the required info, would you object to me personal messaging you, for further advice?

[BRIGADIER2JCS]

No that's fine.

[markstone]

Brigadier, in responce to your question :

 

" what is the date on the BPF entry? "

 

I have posted my request off to Barlclays Partner Finance for the " Subject Access Request "

 

So will be able to know more about the info about my account when I recive it.

 

Barclays Partner Finance has put the default date on my Call Credit file as 11/05/2011,

which is wrong, as the Account Start Date was 06/06/2007,

 

I made a one off payment to them in December 2008, then nothing else afterwards, s

o even if they left it to 6 months after that,

the default date should be around about July 2009.

 

Indeed my Equifax file has the Cap Quest default as 31/12/2009 and the same date on my Experian file.

 

I have lodged a complaint to Call Credit for Cap Quest putting there own default on the file,

when Barclays Partner Finance has allready put a default on the file for the same account.

 

I will let you know as soon as I recive the SAR from BPF,

and hopefully you will be able to advise me on who,

and how to bargain with, to get the default removed from my credit files.

Edited January 7, 2013 by markstone

[markstone]

Are Creditors Allowed Change Defualt Dates On Your Credit File? I defaulted on a loan back in 2008/2009, and the creditor has logged the default as 11/05/2011 ??

[markstone]

I just wondered if anyone has had any success in negotiating the succesfull removal of defaults from thier credit file,

and if so,

how did you do it (example letters you sent ect) ?

 

I have allready requested a SAR from the original creditor ( I think the debt has been past on, and both companys have put defaults on my credit files, 1

I am disputing as they are only allowed to logg one default on your credit file per account )

 

I am prepaired to settle the oustanding balance in exchange for the removal of the default, so what are my chances of success?

[markstone]

I found this template on the forum, from someone who managed to get thier default removed because the bank could not place the original default notice that was sent -

 

" 20th June 2006

 

Dear Sir/Madam

Account number – 5434 XXXXXXXXXX

 

After recently obtaining a copy of my credit file from Equifax I was concerned to note that your company has placed a "Default" notice against an account in my name.

Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 cheque in payment of the statutory fee, Cheque number 100171.

2. You must supply me with a signed true and certified copy of the original default notice

I would request that this data is provided to me within the next 14 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

 

Yours faithfully "

I am just interested if anyone knows, if this was the case, what is to stop the company issuing a brand new default notice if they can not find the origanal notice. Surly this would be worse, as you would have a further 6 years to wait for the new default to expire?

[dannyfleetwood]

Depends on how generous the creditors are. I have found DCA are more likely to play ball.

[markstone]

Depends on how generous the creditors are. I have found DCA are more likely to play ball.

Thank you for your reply Danny. What was your own experience, any amunition would be gratefully recived!

[Bazooka Boo]

DCA's are very unlikely to remove defaults from credit files, DCA's don't play ball at all, they can be ignored as they are powerless.

 

Need more info regarding the debts, how old, how much, what, and who is the original creditor?

 

As for getting defaults removed from credit files, this is pretty much a non starter, unless the entry is incorrect then you won't get them removed.

[markstone]

DCA's are very unlikely to remove defaults from credit files, DCA's don't play ball at all, they can be ignored as they are powerless.

 

Need more info regarding the debts, how old, how much, what, and who is the original creditor?

 

As for getting defaults removed from credit files, this is pretty much a non starter, unless the entry is incorrect then you won't get them removed.

 

Thanks for the reply Bazooka Boo. It seems I am getting conflicting veiws on the forum on wether it is possible to negotiate the removal of a default. I found this template on the forum, from someone who did managed to get thier default removed because the bank could not place the original default notice that was sent -

 

" 20th June 2006

 

Dear Sir/Madam

Account number – 5434 XXXXXXXXXX

 

 

After recently obtaining a copy of my credit file from Equifax I was concerned to note that your company has placed a "Default" notice against an account in my name.

Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 cheque in payment of the statutory fee, Cheque number 100171.

2. You must supply me with a signed true and certified copy of the original default notice

I would request that this data is provided to me within the next 14 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

 

Yours faithfully "

 

So if I can prove that a default notice was never sent, then I may be in with a chance?

This is my story history so far :

 

" I am thinking of applying for a mortgage this year, so thought it would be good practice to check the old credit file. I found that a default had been lodged on my Call Credit file for £5,650.00 by " Barclays Partner Finance " ( default date has been set at 11/05/2011 ) when I am sure they have changed the date of default forward, as I defaulted on that loan way back in 2008 . But on top of that, they forwarded that same debt onto a Debt Collecting agency called "CapQuest Investments Ltd" who have set their own default for the debt - Date 31/12/2009 amount £5,961.00. I am not sure if this debt has been sold on to CapQuest, or if they are just acting for Barclays Partner Finance, but in any case, is it legal to lodge 2 defaults for one debt?

 

The default lodged by CapQuest, is on all 3 credit reference agencys, but the default lodged by Barclays Partner Finance, has only been put on Call Credit, iether way, my chances of getting a mortgage with even one default is remote I think?

 

So I just need to know what the best way forward is going to be for me?

 

I have read somewhere on the forum, that people have managed to negotiate with the debt collecting agencys to remove the default by paying of the debt in a lump sum, and if this is possible, then would I be right in saying that, Both companies would have to remove the default, if the original company holding the debt agrees to remove their default?

 

I have posted my request off to Barlclays Partner Finance for the " SAR " So will be able to know more about the info about my account when I recive it. Barclays Partner Finance has put the default date on my Call Credit file as 11/05/2011, which is wrong, as the Account Start Date was 06/06/2007, I made a one off payment to them in December 2008, then nothing else afterwards, so even if they left it to 6 months after that, the default date should be around about July 2009. Indeed my Equifax file has the Cap Quest default as 31/12/2009 and the same date on my Experian file. I have lodged a complaint to Call Credit for Cap Quest putting there own default on the file, when Barclays Partner Finance has allready put a default on the file for the same account. I will let you know as soon as I recive the SAR from BPF, and hopefully you will be able to advise me on who, and how to bargain with, to get the default removed from my credit files.

Edited January 8, 2013 by markstone

[dannyfleetwood]

I managed to get 3 defaults removed. 1 x Vodafone, 1 x hfc and 1 x Robinson way.

[markstone]

I managed to get 3 defaults removed. 1 x Vodafone, 1 x hfc and 1 x Robinson way.

 

Wow, thats encouraging!......So how did you do it Danny??

[CBradders]

You can only get data removed from your credit report if it is incorrect.

 

If you have defaulted on an account then the data is accurate.

 

However you are correct, the agency should only show one defaulted account.

 

They shouldn’t be showing the original creditor and also the DCA.

 

If the data is incorrect you can do two things,

contact the lender directly and have them amend the information or contact the Credit Reference Agency and raise a dispute.

 

They can then contact the lender themselves to dispute this on your behalf.

 

Credit reference agencies will only amend or delete information from their files when instructed to do so by the institution that provided it.

[markstone]

You can only get data removed from your credit report if it is incorrect. If you have defaulted on an account then the data is accurate. However you are correct, the agency should only show one defaulted account. They shouldn’t be showing the original creditor and also the DCA. If the data is incorrect you can do two things, contact the lender directly and have them amend the information or contact the Credit Reference Agency and raise a dispute. They can then contact the lender themselves to dispute this on your behalf. Credit reference agencies will only amend or delete information from their files when instructed to do so by the institution that provided it.

I am waiting to see how Danny managed to get 3 defaults removed, should be interesting. That is two people I have seen on this forum, who have got defaults removed ( I accept everyones circumstances will be different ) but it does give me hope ( even if the defaults are legit )

Edited January 8, 2013 by markstone

[markstone]

To add a point to the above post, on checking my credit file, the loan was bought by another company, who have put the correct default date as 2009, so how can the original creditor change the date to 2011??

[markstone]

I just wondered if there was a law or guide lines creditors have to follow, to register a default, after defaulting?

[bigshoes...bigsocks]

No law or guidance to my knowledge... only an industry 'standard' of max. 6 months as being acceptable.

[bigshoes...bigsocks]

Absolute NO-NO.

Default dates can not be changed. What is likely happened is that the new owner of the debt as got above themselves and issued a default from them regarding the debt. Not allowed.

[markstone]

I am confused,

because after speaking to one of the debt advisors at "National Debt Line"

she told me that a the new owner of the debt was allowed to issue thier own default,

 

I have ended up with a default date of 2011 from the origional creditor on my Call Credit file

allong with another default for the same account with the correct date of the default of 2009 also on my Call Credit file.

 

The company who has bought the debt has also logged the default on Experian and Equifax.

 

So is this wrong?

[markstone]

Thanks for the reply "Big Shoes Big Socks" ( great name!! ) This just confirms that I don"t think the default date is correct on my credit files. I have ordered a SAR from my origional creditor to get the info they have on my file.