Default removal

lauralicious

Hello

Please bear with me as this is as a result of a very long 'battle' with Capital One which I fear may never end!! I'll try to keep it as short as I can.

I had 2 credit cards with Capital One a few years ago, I transferred the balances on both accounts to another card provider, received verbal assurances both accounts had been closed, and moved house shortly afterwards.

Around 2 years ago, I applied for credit and was refused, so I sent off for my credit files. It was then I discovered that Capital one had registerd 2 defaults on my account!! I got my credit files the same day I got letters from Lowell Financial and CapQuest who advised they had bought my 'debt'.

After investigation I discovered that Capital transferred my balances to the nearest pound, leaving 71p on one card and 24p on the other. As I had moved house I was not in a position to realise the 'debt' was escalating, and did not receive any of their letters, and they continued to charge me £20 each month on both cards for non payment until I owed after £200!!

Lowell and Capquest backed down, but Capital One refused to budge and insisted I pay the 'debt' and refused to remove the defaults.

I got the Financial Ombudsman involved, and they ruled in my favour and Capital One had to pay me for costs incurred and also remove the defaults.

I again applied for my credit files, and Capital One had removed the defaults, but Lowell have added two defaults on my file!! I rang them today and they advised they would ammend the credit files, and they would show as settled. I told them this was not good enough and they need to remove the defaults completely. They said they would not be able to do this!!

Can anyone give me some advice or point me in the direction of a template I could send to them? I was of the opnion that to register a default you had to have a credit agreement with them, which I never did, and also I never received a notice of default from them.

Also, is it possible to get the searches from debt collection agencies removed?

Thanks for your patience, and looking forward to hearing your opinions.

L

GeorgeUK

Lowell definately can get the defaults removed. It was them that put it on your file in the first place.

You should contact the credit reference agency you got your credit file from and request that they look into this on your behalf. They are data controllers, not just data processors and therefore are required under the Data Protection Act to ensure that all information they have relating to you is accurate. You have proof from the Financial Ombudsman that there should be no defaults for these accounts so they should either remove the defaults there and then to protect themselves or communicate with Lowell as to whether these entries should exist or not.

Either way, it is definately a breach of the Data Protection Act to have that incorrect information on your file. I would phone the CRA in the first instance to see if they will remove it if you can provide a copy of the FOS letter (don't forget there are 3 CRA's). If they don't state that they will remove it or get in touch with Lowell, then write an official letter of complaint to Lowell. No templates i'm afraid.

lauralicious

Thanks for your reply Frank, I will get onto the CRAs tomorrow. I also have a letter from the ICO who ruled in my favour regarding the way Capital One handled my data, maybe I'll send them that too to let them know I mean business!!

GeorgeUK

No problem.
Umm, is like that advert? Tell Frank...
Who's Frank??

lauralicious

Whoops...there's me thinking I'm capable of doing 2 things at once, It was as in Frank Gallagher I'm watching Shameless as I type lol sorry!!