Disputed (partially) debt on credit file but not being chased.
appleblossum
Posts: 20 Forumite
in Credit cards
HI ALl, i had a credit card with Capital One and the account was closed after they changed the T&C by removing the cashback. Due to occassional late payments they wouldnt offer me a non cashback card. Long story short they stopped sending me any bills and i didnt make payments for a few months which put my card over my old limit - they charged fees for this. I got into a dispute cycle and argued that once the account was closed to further activity i never had a limit and therefore could not be charged overlimit fees. This went on for 6 months . I eventually paid them everything i considered i owed, leaving just the "unenforcable -my opinion" charges. Well after they twice transferred this debt to debt collectors and i gave the above info refusing to deal with them , asking them to transfer the debt back to C1, i have now not heard anything for 2 years. However, the debt is still on my file and the amount owing is the amount in dispute. I have been tempted to request a NOC or dispute but am worried this might trigger a letter to C1 and reactivate the debt and them chasing (and also reset the 6 year statute barred rule). Should i just leave it since i cannot remove the default ( some of it was valid but not whats left)?
Thanks
Thanks
When you know you have a bad credit rating:
1) When your bank wont even let you go £10 o/d
2) When you cant even get a payday loan
3) Your local restaurant asks for payment up-front before serving you lunch:)
1) When your bank wont even let you go £10 o/d
2) When you cant even get a payday loan
3) Your local restaurant asks for payment up-front before serving you lunch:)
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Comments
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You owe them the disputed amount.
Up to you if you pay it or not. If not, watch out for the CCJ coming through the door. That will be on your file for another 6 years.0 -
You sound very naive, mainly because of your reasons for paying X amount of your debt...0
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I'd pay them the £72 (plus interest?) and move on.
I think you're in the wrong but even if you weren't, it's not worth it.0 -
The court system is slow and inefficient. Hence the CRAs have stepped in and become a kangaroo justice system. If you owe something to a CC, rather than bother with going to court they tell the CRA(s) who will "sentence" you to 6 years of difficulty getting credit.
You have no real chance to mount a defence or be heard - they are judge and jury. The most they will let you do is add a "note" to the system which will likely be ignored.
I suppose you might be able to complain either to the FOS in respect of the CC or the ICO in respect of data handling principles, but I expect you will get nowhere.
In my view, you DO owe the money, but that's beside the point. There is a potential for systemic injustice with the way the system is.
So you are left with the withing paying up or sitting it out for 6 years. If they sue you, well then you'll get your day in court. If you win, then of course they'll have to amend the file. By the way I didn't know what you mean't by NOC...0 -
chattychappy wrote: »By the way I didn't know what you mean't by NOC...
I'd guess Notice of Correction, which you've mentioned anyway...chattychappy wrote: »The most they will let you do is add a "note" to the system which will likely be ignored.0 -
They won't bother getting a CCJ against the OP FOR £70 it would cost them more to collect.
What they will do is sell it off for pennies and mark his credit file for 6 years.
Personally I think OP is obtuse not to pay and his claim that he did not have a limit to go over is laughable.0 -
To be fair to the FOS, they have been known to order correction of credit file where the lender is deemed to be in the wrong.chattychappy wrote: »The court system is slow and inefficient. Hence the CRAs have stepped in and become a kangaroo justice system. If you owe something to a CC, rather than bother with going to court they tell the CRA(s) who will "sentence" you to 6 years of difficulty getting credit.
You have no real chance to mount a defence or be heard - they are judge and jury. The most they will let you do is add a "note" to the system which will likely be ignored.
I suppose you might be able to complain either to the FOS in respect of the CC or the ICO in respect of data handling principles, but I expect you will get nowhere.
In my view, you DO owe the money, but that's beside the point. There is a potential for systemic injustice with the way the system is.
So you are left with the withing paying up or sitting it out for 6 years. If they sue you, well then you'll get your day in court. If you win, then of course they'll have to amend the file. By the way I didn't know what you mean't by NOC...
Acting as judge and jury themselves!0 -
I'd pay them the £72 (plus interest?) and move on.
I think you're in the wrong but even if you weren't, it's not worth it.
HI don't know where u got £72 from - (apart from 6*12) but it a lot more than that - I was on electronic statements so didn't get one and once they "closed" my account I was locked out of the online functions so had no idea how much I owed and frankly since they weren't chasing me I wasn't bothered at the time - hence why I accept liability of some of the debt - so its not only £12 per month for overlimit but £12 for late payment too plus interest on interest etc, I was in dispute with them for 6 months AFTER I became aware of the situation so I am being chased for£ 230 including interest 100% of which is fees after they SHOULD have closed the account.
Remember THEY told me they were closing the account. A closed account for which no further transactions on it can be billed CANNOT have a limit- it becomes a debt that needs to be paid. Note that there is nothing in the T&Cs covering this scenario but my interpretation of the law would be that by them terminating the contract they cannot continue to enforce the charges and interest etc, After all if I had defaulted the account interest and charges would have been frozen. its only because they didn't close/freeze the account that these charges continue to be applied with me being aware of them
Anyway explanation over..:)When you know you have a bad credit rating:
1) When your bank wont even let you go £10 o/d
2) When you cant even get a payday loan
3) Your local restaurant asks for payment up-front before serving you lunch:)0 -
Your interpretation is completely wrong. The limit remained as did the fees and interest.
Still, good try.0 -
Did you raise a formal complaint using their complaints procedure and take it to the ombudsman ? If not why not ? They failed to send statements after they cut you off from on line access so surely a complaint was due. How did you find out about the debt ?0
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