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shellbells1982

Capquest and old HBOS Aqua card - now newday - No Default listed after yrs of Payplan DMP use

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I've an old Aqua debt, the card was taken out in 2006

 

Eventually couldn't manage the account and was stacked with late payment & over limit fees

ALWAYS made payments by DD each month still and never or very rarely missed a payment

In 2011 was made redundant from my job at that time and went into a payment arrangement with them

 

I recently did a SAR with New Day

-  and from what I can see from memo logs I went into a 12month arrangement plan with them directly of £5 pm 0% 

I was indeed paying a fiver a month until they abruptly cancelled the arrangement and passed me over to a DCA

 

I've a letter from Call Quest (Now Cap Quest) dated 29/11/12 of a notice of assignment 

I did transfer my payments over to Cap Quest

- until as of 2017 when a CCA was requested and not sent, payments were cancelled immediately 

 

My issue is with CapQuest passing it off as their own on my credit file

No default date has/was entered and I cannot find a copy of the default notice from Aqua, (I definitely received one) and Aqua no longer shows up on my  credit file.

 

Since my recent SAR with New Day, I've had to phone and write in and complain that no letters of correspondence to and from them was included in all the data sent

But from what I can make out from memo reports and comms log:

- 22/08/12 memo report that 12mth arrangement for £5 0%

- 20/22/12 memo report; Acc Referred to Debt Manager 

- last payment made to Aqua was 31/12/12 £5

- 28/02/13 memo log of debt sale - Call Quest

 

Is it the DN from Aqua that I need to make a case to CQ to remove the entry on my CF? 

 

From all my statements I can see no missed payments, if no consecutive missed payments in a row and I was on a pay plan with aqua, what would be the legit reason for them defaulting me and or passing me to a DCA?

 

As the entry by aqua is no longer showing on my CF would CQ have to correct their current entry to aqua's defaulted date should I get/ find the proof?

 

Thanks 

 

 

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So no defaulted date

Other creditors can't see the calendar part so it's not harming You?

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So get it defaulted at the correct date for the I co rules at the time and it should then vanish

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This is what I'm now trying to get from aqua, wasn't included in the SAR docs that they sent

It's a copy of the default notice letter that I'll need from them to request capquest to remove/ put a correct date?

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Nope 

The only proof is you think you got a DN

but theres no proof of this

so.

Write to aqua and demand they default it retro dated

are you sure this was not an old halifax aqua card latterly farmed out to newday

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aha guessed right

send HBOS an sar then.

thread title updated and moved to HBOS forum

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Lets get all the info

Then we'll plan

I will guess it was still with hbos when the dnp started?

Cause newday nor its predecessor existed back then

Dx

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But nothing on this card from hbos in your ppi sar? Or you never sent one so trusted the OC to tell what ppi should get back🤐

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Hi this is very similar to my thread. Please feel free too have a look.

 

 

On ‎09‎/‎03‎/‎2019 at 17:27, shellbells1982 said:

CQ update/report the account to the CRA's 

They report failed payments so its totally harming my credit score 

Screenshot .png

Yes I think so too, in the case I have, they have stated that this is the first default on the account(last moth)but the account has been with pay plan since 2011.

We have to remember that the notice sent prior to recording a default is different to a section 87 default notice which permits the termination of the agreement. Although they are generally contained in the same document.

 

The point being that the definition of DEFAULT as far as the I COis concerned is the breakdown of the agreement. Surely if there is serious arrears and the card is withdrawn , the payment is reduced, the agreement and its terms have broken down. Not advising the CRA of this just so they can avoid SB by accepting a small payment, and to ensure they can default at some time in the future is not on.

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Yep.. as the stupid judgement about sb being the default date 

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8 minutes ago, dx100uk said:

Yep.. as the stupid judgement about sb being the default date 

No DX its nothing to do with statute Bar. The contract was continually paid so it couldn't be. That's not the point

This is about kidding the CRA into thinking the account is still live, not trying to enforce, that comes when the DN (87) arrives. Which as yet hasn't. If this is permitted to stand the CRA can keep the record on file for another six years, how's that for applying unlawful pressure.

 

Anyway back to my own thread

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well yes. its all linked, the stupid judgement gives a creditor the authority to file a dn whenever they like not after the third missed payment. so can run the SB date to infinity …….or never at all.

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@dodgeball

I've found/got a bunch of documentation from 2011 of my ppi claim with HBOS/Aqua, sent them a CCA, calculated it and I did the claim myself. I 'won' that in Nov 2011and went on to win Cap One and Vanquis too 

 

Silly, but I'd actually forgotten that this account was originally halifax and until you'd said DX I could've sent HBOS a SAR in the 1st place. I just automatically went with new day.

 

 

@dodgeball

That's what I've been trying to ascertain too - difference between notice sent and an 87 default notice

 

Also, if you're on an agreed payment plan with the original creditor what's the 'rules' or legit reason they can sell your account to a DCA?

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they don't need any reason to sell and don't have to issue a default notice

a default notice must have been served to bring court proceedings.

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On 10/03/2019 at 09:02, shellbells1982 said:

@dodgeball

I've found/got a bunch of documentation from 2011 of my ppi claim with HBOS/Aqua, sent them a CCA, calculated it and I did the claim myself. I 'won' that in Nov 2011and went on to win Cap One and Vanquis too 

 

Silly, but I'd actually forgotten that this account was originally halifax and until you'd said DX I could've sent HBOS a SAR in the 1st place. I just automatically went with new day.

 

 

@dodgeball

That's what I've been trying to ascertain too - difference between notice sent and an 87 default notice

 

Also, if you're on an agreed payment plan with the original creditor what's the 'rules' or legit reason they can sell your account to a DCA?

 

They should send a default notice if the default is to be shown on the credit file, this is often confused as I say with the section 87 notice which is required under the CCA1974. "They", being the creditor.

The creditor can of course assign an account, but he cannot assign a live account to a firm which cannot maintain the credit agreement.

This is one reason DCAs buy defaulted and terminated accounts.

 

 

Edited by Dodgeball

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Sorry, just in case the point was missed. If the account is sold to a DCA it has to have been defaulted and terminated, which means a section 87 would have had to be sent to the debtor. 

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Yes of course DX, but someone like Lowell are not equipped to service a credit agreement. If the account was live they would have to be able to fulfil their part of the agreement.(provide credit)

A live debt can of course be assigned but only to another credit provider. 

 

I saw another of these yesterday. 

 

The CR reported a default date of 2014. This was actually when Lowells bought the account. The account had however been with Payplan since 2013 making the same payment to Newday.

 

Vanquis it seems are regarding payments to them made via a DMP as arrangements under the original contract, in some cases even sending the CCA required statements showing nonsensical credit limit's etc. This can continue for years.

 

I do not think this practice is legal as it means the threat of defaulting the account can be deferred indefinitely.

 

Guidance says that a debtor who enters a debt plan should not be penalised above those who simply do not pay, that is what is happening here.

 

 

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They get around that even though they do not offer to extend credit facilites...as long as they have a credit licence.

 

Consumer Credit Register. ... This is a public record of firms that have, or had, interim permission to carry out  consumer credit activities. Most businesses that offer goods or services on credit, lend money to consumers or provide debt solutions and advice to consumers will be carrying out  consumer credit activities


https://www.fca.org.uk/firms/consumer-credit-register

 

The following recent thread may be of interest in which the Judge allowed the DN to be issued from the Assignee

 

 

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I'm really hoping that HBOS provide everything I need in the SAR and I can get this entry corrected on my credit file. Otherwise with the entry the way it is at the moment CQ won't default it and it'll be stuck on my file forever reported on

 

 

 

 

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