default notice capquest

tonyjack

Hi, I have received my credit record from equifax and shows a default notice in the name of Capquest, I have never received a default notice from Capquest.

I had a credit card with capital one which, due to illness etc I defaulted on. I DID receive a default notice from them however. Capquest took over the debt, so I suppose the default just changed name, but is this legal? The law says that I have to receive a default notice from the company involved (Capital one) but the default shows Capquest

Can I tell them to remove this default? Please help.

I want to enter into a repayment agreement with Capquest, can I ask them to remove this default if I make a repayment agreement with them? (a kind of bargening tool??

fermi

If Capquest have purchased the debt, then changing the name on the original default is perfectly legitimate.

The Information Commissioner's Office oversees matters of "data protection" which includes the information recorded on your credit reference files.

This is their formal guidance on the matter:

From: Technical Guidance Note - Filing defaults with credit reference agencies

The ‘sale’ or assignment of debts on defaulted accounts

52 When the rights to a debt are sold to a third party, the lender has to make sure the records with the credit reference agency are accurate, up to date and adequate. If they want information about the debts to continue on the credit reference file they will need to come to an agreement with the purchaser about who is to be responsible for this.

53 If the purchaser agrees to take control of the record, the customer should be informed that the debt has been sold or assigned and to whom. The credit reference agency file should be changed to show the name of the purchaser and that the rights to the debt have been sold or assigned.

The purchaser should then make sure the record is kept up to date including changes to the amount still owed. The purchase should not affect how long the record is kept. It should be removed six years after the default.

stapeley

hi, just a few tips for dealing with DCA . Rule one never ring them , it is just a waste of time . You get a operator trained to get as much money out of you as soon as possible. DO NOT GIVE THEM A PHONE NUMBER .Everything must be in writing, and keep copies . Only pay what you can comfortly afford , remember to pay all bills, rent ,rates,gas, electric etc first .