lorings UE Diary

[loring]

Re: lorings UE Diary

Capital One Visa Card

This one was quiet for a while but today I have received a letter from B Carter Solicitor acting on behalf of his client Capital One Bank. The Visa Card dates back to around 1998, I know I never signed any agreement for it, just filled in a quick application form at the shopping centre one day and they sent me a card. Niddy checked the copy of the application form and declared it to be unenforceable.
The letter goes on to state I have 14 days to make the payment in full and if I dispute liability for the debt I must state my reasons to him in writing and supply him documents in support of my defence to any claim. I read that as saying " we would request that you do our job for us and send us some of your documents because we don't have any".


The letter also states to contact Fredrickson International with proposals to pay. Of course the letter is sent from his desk in Fredrickson International's office. Reading other forums he must have a desk at every DCA's office but doesn't appear to have an office of his own.

I have never received any confirmation from Capital One Bank that either Fredrickson or Carter are handling this account. I am looking for a typical "Niddy type letter/template to tell this gent where to go,I don't mid how brutal it is. Does anyone know if there is a template somewhere on the forum I could adapt.
Thanks
loring

[BBoo]

Re: lorings UE Diary

Not a solution, but don't forget your right to add a personal note to the entry / default.

[loring]

Re: lorings UE Diary

Thanks BBoo
I believe you are right.
I have written to the ICO and again to Mint. I previously wrote to Mint in July and August but they just ignored my letters. Possibly the ICO might do something but I wont hold my breath on that.
loring

[BBoo]

Re: lorings UE Diary

I'd be inclined to copy the relevant part of your CRF showing one account being closed and another one opened with a second default being applied for the same debt, complain to the ICO in writing about it sent recorded delivery, and also send a copy to the Data Controller of Mint / RBS asking them to remove the default so that they are complying with legislation again. If they feel they can legally do this, perhaps they would explain exactly how and why.

[loring]

Re: lorings UE Diary

Hi everyone
I have received copy of my up to date credit report and sure enough Mint/RBS have registered a new default on my account for September and October 2011.
On 19th March 2011 they removed the original account with default from my credit files. The default was due to come off the account in August 2011.
But on the same day 19th March 2011 they re registered the account again as a "new account" and sent me a new default notice in July 2011 and then put the account in default again for another 6 years.

I wrote to the ICO and told him what was going on but he never replied.
I suspose I need to write to him again and see if he will have it removed.
loring

[Never-In-Doubt]

Re: lorings UE Diary

Hi Niddy
Thanks for your replies.
I hope they don't try and put the 2nd default on my file. The 2nd default was issued on 21st July 2011 and gave me 17 days to remedy the default.
I will write to Equifax and Experian to let them know about the 1st Default which was removed in March 2011.

Is there any point in claiming back missold PPI or as they would take the monies is that a waste of time.

Hiya

Don't worry the CRA's will have to remove any duplicate! As for reclaiming, nah - it's not worth it on this as it'd simply reduce the balance.....

[loring]

Re: lorings UE Diary

Hi Niddy
Thanks for your replies.
I hope they don't try and put the 2nd default on my file. The 2nd default was issued on 21st July 2011 and gave me 17 days to remedy the default.
I will write to Equifax and Experian to let them know about the 1st Default which was removed in March 2011.

Is there any point in claiming back missold PPI or as they would take the monies is that a waste of time.

[Never-In-Doubt]

Re: lorings UE Diary

Hi Niddy
Got copies of my credit file from Experian and Equifax in the past few days.
The Equifax report does not mention a default but it states the account is delinquent it appears from 07/11/2011. Is this supposed to be the new date of default???.
It also shows that the £10 I sent recently for the credit card statements is noted as a payment to the account. How do I get that off the credit file it restarts the statute barred clock again. I have also checked my Equifax Alerts which I receive and it shows that on 19th March 2011 RBS (MINT)removed my file from the report and later in the day they put it back on again. It looks that they may have done this deliberately when I check my Experian report

The Experian report clearly shows the default was removed from the account 4 months ago and has been replaced with a Status Marker 6.
I have checked the Experian site and a Status 6 is defined as
"Agreed repayments are more than 3 months behind but you have agreed with the lender to bring the account in order" I do not recall doing that. I suspect they are now waiting to add a the new default they described in their recent Default Notice.
Strangely there is no mention of a £10 payment to the account on this report.
Niddy I will e-mail copies of the paperwork for your expert eye and opinion. I am unsure if there is a default on my Equifax report.
When I know there is I will then write to the ICO to have it removed.

See my reply above - there will be NO new default date, the account will vanish from your report in its entirety as the 6 year reporting period is now complete.

You can log-in and send a message to Equifax today, telling them that the 6yrs expired yesterday and you want the default removing, however as I have said it'll be gone within a month - never to return, this account can never show on your credit report again as it is finished for reporting purposes.

[Never-In-Doubt]

Re: lorings UE Diary

Thanks Niddy
I have sent you copies of the letter and default notice I received this week. I have also sent for statutory credit file reports from Equifax and Experian which I should get next week.
I need to check what is on my credit file at the moment as back in March 2011 I received an alert from Equifax which told me RBS removed the account and default from my credit file and marked it "satisified". However the following day they informed me RBS had put it back on again. Need to check exactly what they have done.
As chance would have it I have the original default issued in 2005, it was the only one I received from my 6 creditors.
When I have all the paperwork I will write straight off to the ICO and ask him to instruct RBS not to put the second default on my credit file and copy him both default notices and a copy of my credit file from 2009.
Thanks again and I will keep you updated.

As per my email to you, I suspect that the default will be dropping off in the next month so check it out after 15th September and it'll be gone, if not all you do is print one of the older reports confirming the default as 14th August 2005 and then send it with a complaint to the CRA who will be obliged to then deal with it manually.

Default removal is automated in a queuing system, however sometimes things do go wrong meaning it may get missed. If they now try and re-default you with a new default date then again, a simple complaint to the ICO will suffice and hopefully sort it.

You have proof by way of old reports that the default was 14th Aug 2005, so this lender is outta luck, the whole account will now need to be removed. As things stand, and the fact it's not 6 years plus a day, if you got rejected for credit/employment etc as a result of that default, you could consider redress as libel - but I'd not bother as you have other debts....

Just wait a month, then it'll hopefully be gone.

[loring]

Re: lorings UE Diary

Hi Niddy
Got copies of my credit file from Experian and Equifax in the past few days.
The Equifax report does not mention a default but it states the account is delinquent it appears from 07/11/2011. Is this supposed to be the new date of default???.
It also shows that the £10 I sent recently for the credit card statements is noted as a payment to the account. How do I get that off the credit file it restarts the statute barred clock again. I have also checked my Equifax Alerts which I receive and it shows that on 19th March 2011 RBS (MINT)removed my file from the report and later in the day they put it back on again. It looks that they may have done this deliberately when I check my Experian report

The Experian report clearly shows the default was removed from the account 4 months ago and has been replaced with a Status Marker 6.
I have checked the Experian site and a Status 6 is defined as
"Agreed repayments are more than 3 months behind but you have agreed with the lender to bring the account in order" I do not recall doing that. I suspect they are now waiting to add a the new default they described in their recent Default Notice.
Strangely there is no mention of a £10 payment to the account on this report.
Niddy I will e-mail copies of the paperwork for your expert eye and opinion. I am unsure if there is a default on my Equifax report.
When I know there is I will then write to the ICO to have it removed.

[loring]

Re: lorings UE Diary

Thanks Niddy
I have sent you copies of the letter and default notice I received this week. I have also sent for statutory credit file reports from Equifax and Experian which I should get next week.
I need to check what is on my credit file at the moment as back in March 2011 I received an alert from Equifax which told me RBS removed the account and default from my credit file and marked it "satisified". However the following day they informed me RBS had put it back on again. Need to check exactly what they have done.
As chance would have it I have the original default issued in 2005, it was the only one I received from my 6 creditors.
When I have all the paperwork I will write straight off to the ICO and ask him to instruct RBS not to put the second default on my credit file and copy him both default notices and a copy of my credit file from 2009.
Thanks again and I will keep you updated.

[Never-In-Doubt]

Re: lorings UE Diary

Just leave it for the ICO to deal with, they will instruct them to remove the second default, obviously wait until they have actually added it, or you can deal with it now by sending in a complaint based on their threat to, and re-issuance of a second default, on an already defaulted account.

Its straight forward enough, just explain that you were defaulted back in 2006 and have been sent a letter (copy attached) saying they are going to re-default you, also mention that they have constantly refused to send you paperwork as required by the regulatory bodies and statutes in place.....

They will then sort it for you.

[garlok]

Re: lorings UE Diary

Hi Loring,

Unfortunately token payments are an acknowledgement of the debt as such and the Statute Barring clock didn't start until the payments stopped. However you have a year under your belt already. Can't understand their refusal to let you have statements and the like at least for six years however as Niddy says they consider themselves above the law.

regards
Garlok

[Never-In-Doubt]

Re: lorings UE Diary

Hiya

Ok, get a screen print or save a copy of your current credit file showing the default then simply send a copy of this with the letter from RBS to the ICO demanding removal as it is a duplicate, and photocopy it all and send a copy to all the CRA's.

They cannot do this, thick twats really think they are a law to themselves....

[loring]

Re: lorings UE Diary

Hi Garlock
Thanks for the reply
I stopped paying about 12 months ago, I was only paying token payments about 4.00a month I think, and as the account is unenforceable and since they wont let me have account statements to reclaim charges and mis sold PPI I stopped paying them anything. I have not spoken to them by phone for about 3 years and don;t wish to.