Natwest, Capquest and CCS Collect

[chiefmegawatty]

Hi Brig, I

 

realise that it's not the CRA at fault for the reasons you stated which I completely agree with.

 

However, it seems strange that the OC and the first few DCA's in the chain don't place a default on the CRA report.

 

Eventually when the fourth DCA buys the debt they place a default on the CRA report which is displayed in a table showing the debt only existing from the date they bought it.

 

The default also shows the original default date as 4 years and 9 months before plonking it on my CRA report.

 

I therefore think that the OC should place the default on your CRA report right from the beginning

 

so you know where you stand rather than finding out nearly 5 years later.

[BRIGADIER2JCS]

Good morning chief,

Reading back through the thread it would seem that there are two possibilities here:

 

 

1. The OC did not default the account prior to sale and AG has seen an opportunity to "extend the life" of the debt by using the date of purchase as the default date.

2. The OC did default and AG has entered the date of purchase as DD could be a "clerical error" but I doubt it.

 

 

AG has done this before but has always claimed a "clerical error" has been made.

 

 

So Formal Complaint to the Data Controller at AG along the line of:

 

 

Sir/Madam,

 

 

I have now researched my credit history and have noticed that Arrow Global has altered the default date on the entries it has placed on my credit files.

 

 

The actual default date is xx.xx.xxxx and Arrow global has it seems chosen to use the date it acquired the alleged debt. this is of course incorrect.

I am aware that some debt purchasers mistakenly/ deliberately claim that they can do this.

 

 

I now Require Arrow Global to correct this "error" immediately and to confirm in writing that it has done so.

 

 

Please note No Part of this communication is an admission of liability to Arrow Global.

 

 

You could send a SAR to the OC as well to find out it there was a default placed when you believe it should have been, but there is the 40 time scale on this and a £10 statutory fee.

[fletch70]

There seems to be some confusion here

The OP has noticed an entry on his/her credit report from AG and suspects it is for an old SB debt. The problem is that they have no idea at this point what the debt refers to , so it could be a variety of things.

 

ChiefMW has a completely different issue saying that Capquest entered a default date nearly 5 years after the default. To be pedantic we would need to know what the definition of this default is , was that a missed payment or an actual DN or even a notice of intention. We would also need to know what the account was.

 

If the default was placed on the file then it would still be showing so should be really quite easy to get it sorted. If the actual entry was not made for nearly 5 years there is definitely a case for getting it backdated.

[chiefmegawatty]

When Capquest placed the default on my CRA report it showed a default date that was four years and nine months old. Fifteen months later the default disappeared from my CRA report when it became six years old. I therefore assume that Capquest placed the default when they bought the debt. The original debt purely consisted of bank charges built up from a bounced direct debit. The direct debit was unknown to me as I never arranged any direct debits with the bank that caused all this trouble. The bank account was an ordinary current account with no overdraft or credit facilities.

[fletch70]

Thanks

That explains it a little. So as far as Capquest were concerned they legitimately recorded the default that was on the account and for the correct date. I am assuming there that you had never successfully disputed the default with the bank?

 

Of course that does not mean that the default was correctly placed. Depending on when you became aware of it, and if it caused you any loss could mean you have a claim. I hope you got it all sorted

[chiefmegawatty]

Hi Fletch, yes indeed I ignored the default from the bank because I had no intention of paying back money I have never had. The default didn't cause me any loss apart from loss of sleep worrying about the possibility of being taken to court. I have never worried about my CRA report damaging my chances of obtaining credit because I have never taken out any credit. I have never had a credit card and have always saved up for things and bought them using unborrowed cash. I am of the old school belief that if you can't afford to save up for something, then go without it. Live within your means and if things get tough then cut your cloth to suit the situation. Sorry to sound like an old fart but I am getting uncomfortably close to 60 so I guess I am an old fart or very nearly.

[dx100uk]

Thanks for your help and comments chaps.

I strongly suspect that Capquest are the owners of the debt.

Capquest are the company who put a default on my CRA report back in March 2012.

The entry on my CRA report showed the default date as 23 May 2007 therefore I assume

that Capquest must know that the debt is now statute barred.

 

this is your NatWest account?

 

dx

[fletch70]

Well i am glad you have not paid it back and even better cost capquest a small amount of money. Sadly I was able to rack up a whole load of debt so one more default would have made no difference to me. Sadly I did not inherit the careful gene from either of my parents, rather the reckless gene from the religious side of the family)

 

The one thing I have learnt is to never judge people for their weakness where money or addictions are involved

 

It's nice to see someone who is not at the end of their tether

[dx100uk]

is this your NatWest account?

 

dx

[chiefmegawatty]

Yes it is or was.

[chiefmegawatty]

Yes it is or more correctly was my Natwest account.

[dx100uk]

threads merged.

 

dx

[chiefmegawatty]

Hi Fletch, well I don't know if I inherited a "careful gene" from my parents. However in my youth (a long time ago), borrowing was considered immoral apart from mortgages.

My dad referred to buying things on HP as buying on the never never.

Most people bought expensive goods second hand and had them repaired when they went wrong. That was before the "throw away society". Many small businesses flourished from repairing second hand goods. OK being a retired engineer I realise that many modern consumer goods are not repairable anyway.

I never knew that religious people were wreckless, you have enlightened me somewhat.

[chiefmegawatty]

What happens if a DCA places a default on your CRA record and then sells the debt to another DCA? Does the first DCA remove the default from your CRA report so the next one can place their default on there? I assume they do because it would seem illogical to have a default on your CRA record owed to a DCA who has sold the debt to another DCA.

[fletch70]

Usually one of two things happens

1) The old default is marked as satisfied and a new default (but with the same default date as the first one) is put in place

2) The name of the new DCA is substituted for the old DCA

 

In either event the actual date of default should stay the same, if it doesn't you have the right to complain and get it fixed.

I have a feeling that some people mix up the various dates on a file such as last updated, date recorded default date. The only one that really has any bearing is the Default date

[dx100uk]

posts moved from the thread you hi-jacked to your own existing thread CW

please continue to post here.

[chiefmegawatty]

Here we go again. Despite me sending the statute barred letter and proof of default date to CCS Collect, they have passed the debt back to Capquest who are chasing me again. This debt bacame statute barred on 23rd May 2013 and the Capquest default was correctly removed from my CRA report on that date. I suppose I could send a statute barred letter to Capquest but I assume they will ignore me just as CCS did. Realising that both CCS and Capquest don't know the meaning of "statute barred" maybe I should ignore them and just wait to be taken to court. Alternatively, maybe they will never take me to court and continue to send threatening letters until I die of extreme old age.

[BRIGADIER2JCS]

Here we go again. Despite me sending the statute barred letter and proof of default date to CCS Collect, they have passed the debt back to Capquest who are chasing me again. This debt bacame statute barred on 23rd May 2013 and the Capquest default was correctly removed from my CRA report on that date. I suppose I could send a statute barred letter to Capquest but I assume they will ignore me just as CCS did. Realising that both CCS and Capquest don't know the meaning of "statute barred" maybe I should ignore them and just wait to be taken to court. Alternatively, maybe they will never take me to court and continue to send threatening letters until I die of extreme old age.

 

 

Typical Capquest.

 

 

Send something along the lines of this:

 

 

The Compliance Director

Capquest

 

 

 

 

Ref: Use theirs:

 

 

Sir/Madam,

 

 

I refer to the alleged debt referenced above, please take note I do not acknowledge and debt to Capquest.

 

 

This alleged debt is statute barred and I will NOT make any payment now or in the future.

 

 

I am aware that in fact the debt still exists but refer Capquest to the guidance that states that to continue to pursue for payment of a statute barred debt once the creditor (DCA) has been informed of the status of the debt may amount to harassment.

 

 

Clearly the continued collection activity of Capquest and its agents amounts to harassment, the conduct of Capquest in this matter is now the subject of a complaint to the FCA.

 

 

Signed for post check delivery.

[chiefmegawatty]

Thank you Brig for your superb and helpful advice. I will do as you recommend.

I am astonished how fast you responded to my post and I consider you to be a saint on

this forum.

[fletch70]

Just getting up to speed again

 

Have they at any point said that the debt is not SB and given a reason?

My own experience of CCS is that they are not that bright so may not have told NW that you have said the debt is SB

I would guess that NW will now start to come up with some crap about needing a signature or that it doesn't match . They are so full of bull it is unbelievable

[chiefmegawatty]

Just getting up to speed again

 

Have they at any point said that the debt is not SB and given a reason?

My own experience of CCS is that they are not that bright so may not have told NW that you have said the debt is SB

I would guess that NW will now start to come up with some crap about needing a signature or that it doesn't match . They are so full of bull it is unbelievable

 

CCS Collect tried to say that it wasn't statute barred claiming that I had made a payment in 2009.

 

I knew that wasn't true so I visited my local Natwest branch.

 

The bank manager gave me a printout of all transactions during the life of the account and told me that I owed no debt

as the statute barred date had long since passed.

 

He also mentioned that the original debt consisted purely of bank charges accumulated upon a failed direct debit

which was why the bank never took me to court.

 

I wrote to CCS and informed them of this.

 

Then CCS pass the debt back to Capquest who start chasing me again.

 

I assume that if I go through the whole process again with Capquest they will sell it on to another DCA who will continue chasing me.

 

I am tempted to ask Capquest to take me to court so I can turn up with proof of statute barred status

as a perfect defence and then claim compensation for harassment.

[dx100uk]

get that complaint in

 

dx

[chiefmegawatty]

Thanks DX for your reply.

 

I assume the DCA's will leave me alone if I complain and get away with their long term harassment.

 

I would rather them take me to court and loose the case so I can claim for compensation.

 

Should they take me to court I would also point out that Natwest were out of order in the first place.

 

The original direct debit that bounced was placed without my knowledge or permission even though the account was in my name only.

I informed the Natwest bank manager of this and he looked at me in a sheepish worried manner.

 

Therefore I want Capquest to take me to court so I can call Natwest into the case

to explain why they allow direct debits to be set up by another party without the account holders knowledge.

 

I think I would come out of such a case with loads of compensation and a fraud case against the party who arranged the direct debit without my knowledge.

[BRIGADIER2JCS]

Thanks DX for your reply.

 

I assume the DCA's will leave me alone if I complain and get away with their long term harassment.

 

I would rather them take me to court and loose the case so I can claim for compensation.

 

Should they take me to court I would also point out that Natwest were out of order in the first place.

 

The original direct debit that bounced was placed without my knowledge or permission even though the account was in my name only.

I informed the Natwest bank manager of this and he looked at me in a sheepish worried manner.

 

Therefore I want Capquest to take me to court so I can call Natwest into the case

to explain why they allow direct debits to be set up by another party without the account holders knowledge.

 

I think I would come out of such a case with loads of compensation and a fraud case against the party who arranged the direct debit without my knowledge.

 

 

 

I agree with dx a formal complaint to Capquest with all the evidence you have copied to the FCA.

[chiefmegawatty]

This morning I received another letter from Capquest stating that I still owe them the full amount.

 

They have attached a financial statement detailing payments I have made to Capquest.

 

The statement shows that I paid them £10 on 28/03/13 and another payment of £10 on 20/1/14.

 

I have never paid anything to Capquest, Natwest, CCS Collect or any other DCA involved in this seven year farce.

 

Luckily I have all my bank statements for the last 3 years which prove that Capquest are telling porkies.

 

I wonder why Capquest think they can convince me that I made payments when I kinow full well I haven't.

 

They must think I'm brain dead.