Lowell refusing to send credit agreement or prove default - cap1

[max_sand]

Hi,

 

My main aim here is default removal on the basis I believe the default date is incorrect.

 

I sent a recorded letter to Lowell (who took on a debt of mine from capital one).

 

I requested a copy of the default as I do not believe the date of the default is as shown on my credit file

as I have no record of receiving a default on that date in my records.

 

In fact I have no record of the default at all, but if anything I think it would have been earlier than stated.

 

I included a postal order for £1 for them to supply me with the original credit agreement and the original default.

 

The date of the default in my credit file is July 2008.

 

There are no entries on my credit file for this account prior to the default,

it shows the whole of 2008 prior to the default as empty and nothing before that.

 

I did settle the debt fully in Dec 2009 so the account is showing as settled on that date

- as a side note I believe defaults should be recorded within 6 months of non payment,

or if no payments have been made in a 6 month period, clearly this is not the case on my credit file.

 

they have responded saying "Your comments have been noted but we would advise you that legally

we do not have to provide you with a default notice from ourselves as you will have received the default notice from the original creditor at the time your account went in to default"

 

They go on to say

"With regards your request for a copy of your credit agreement in accordance with S77(1)/S78(1) of the consumer credit act 1974.

 

As our account was repaid in full on the 13th of October 2011 (not sure why the mention this date as it shows being fully paid in 2009)

we would advise you that S77 (3A) expressly states that we do not need to comply with your request where no sums of money are outstanding on the account.

 

Please therefore find enclosed the £1 sent with your letter"

 

Where do I stand on this, im not overly bothered about the credit agreement, but I need clarification on the default to ensure it was actually issued on the date noted in my credit file.

 

Thanks

[citizenB]

It might be worth your sending a Subject Access Request to Capone themselves. Whilst a Data request should provide you with ALL data in connection with your financial relationship, you might need to specifically ask for the communication log/diary of events. As Capone would have been the ones who originally placed the default on your account, it should show up in that.

 

You are correct, the default should have been placed within 6 months of your defaulting on the account at the latest.

 

You will find a draft request in the CAG library, you will need to send £10.00 with your request and they have 40 calendar days to comply. Almost certainly they will only provide you with 6 years worth of information, citing that they dont keep it for longer than that.

 

You would need to check the sections of the CCA they quote to confirm if what they say about providing a copy of the agreement or not, is accurate.

 

HTH

[BRIGADIER2JCS]

I agree with CB get the SAR to CAPone asap, it's now the only way to get the informatio.

 

You can place a notice of dispute on CRA files very easily too.

 

Are these ''settlement'' dates when the account has been sold on?

[max_sand]

Thanks... as ive just taken out another CC with Cap1 (to improve my rating) is this wise, or will they not care about an enquiry for a past account.

[BRIGADIER2JCS]

They are bound to supply details on all accounts you have with them a SAR is a lawful request for information and must not be allowed to affect current dealings with the data subject.

[max_sand]

OK ill get it done. Thanks. Ive also asked the CRA if they have any log of when defaults were first applied, surely they must have the info if it was changed.

[citizenB]

OK ill get it done. Thanks. Ive also asked the CRA if they have any log of when defaults were first applied, surely they must have the info if it was changed.

 

You can actually send a Subject Access Request to the Credit reference agencies, in which you should receive the same consideration to Data - ALL of it.

[havinastella]

Are you not getting your 'defaults' mixed up??

 

A default notice from the OC is entirely different from a default on your Credit report!