How often do CRA's update your payment details?

never-in-doubt

digitalphase wrote: »

Sorry, not trying to be evasive deliberately, just tired and confused about the whole thing

I have a printout of payments that Capquest sent me, and all my bank statements that prove I paid Capquest monthly. They all came out of my Barclays account.

According to the printout I paid £57.62 to them at the start of them acting for Marbles/Halifax on 03/05/08, then paid £45 on 30/06/08, then £45 on the 28th/29th of each month up until end of October when I started the dispute process. I made a payment each month, I didn't miss any payments with them.

Ok, so you stopped paying in october 2008, when did you start again - please don't tell me March 2009? LOL - if so then i've already worked it out! I guess you have now as well.... lol :T

just confirm, did you pay throughout the dispute (i.e. oct 08 - mar 09?) or was this all paid in one lump sum or just never paid?

digitalphase

No, I didn't pay throughout the dispute.

Once I got the charges refunded I rang them up to pay. The realised the default would just be marked as settled rather than disappear entirely, so I got the man to refund me and set up a direct debit for the minimum payment.

I paid last month.

Is this bad then?

digitalphase

Also, another thing I forgot to mention, though not sure it's relevant: my file just has this red 5 and a green 0 on for this account. It is totally blank for all the other years I've held the card (since 2004). Is this right?

never-in-doubt

Right I thought as much, the late payment is for missed payments throughout dispute - yay! thats a good thing....

catch you tomorrow - time to rest! Key element of account in dispute - they cannot add a default!

On that note, i'll see you tomorrow - nighty night

digitalphase

Thanks NID, I'll chat to you later today

digitalphase

never-in-doubt wrote: »

Right I thought as much, the late payment is for missed payments throughout dispute - yay! thats a good thing....

catch you tomorrow - time to rest! Key element of account in dispute - they cannot add a default!

On that note, i'll see you tomorrow - nighty night

Have you had any chance to think any more about my predicament NID? ;):D

never-in-doubt

digitalphase wrote: »

Have you had any chance to think any more about my predicament NID? ;):D

Hiya,
working on it now for you - just done Suttons over on subprime, yours will be similar - take a look if you want!

never-in-doubt

never-in-doubt wrote: »

Hiya,
working on it now for you - just done Suttons over on subprime, yours will be similar - take a look if you want!

edit, sorry getting confused already! your's will be different as you do not have a default do you? It's just 5 late payments right?

digitalphase

never-in-doubt wrote: »

edit, sorry getting confused already! your's will be different as you do not have a default do you? It's just 5 late payments right?

Yep, no default now, they replaced it with a 5 late payment marker. Thanks

never-in-doubt

digitalphase wrote: »

Letter to Marbles

You need to send the following - Good Luck

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Letter to send:

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Account Formally in Dispute

Dear Marbles,

Re: ACCOUNT NUMBER: XXXXXXX

With reference to the above account, I am alarmed to notice that there is 5 late payments showing with the credit reference agencies, in particular from April 2009 when I was already paying the account in monthly instalments to yourselves.

This is an error that requires immediate interception and amendment, prior to my seeking litigation for enforcement through the County Court for your continual breach of the Consumer Protection From Unfair Trading Regulations 2008, the Office Of Fair Trading debt collection guidelines and the Consumer Credit Act 1974 and Data Protection Act 1998.

If you look back at your records, my account was formally in dispute at the time the late payment markers were added, this is totally forbidden and can not be done. That is the whole point of allowing me the right of appeal, by placing the account into dispute.

Briefly, I had an account with Marbles and during 2008 the account was passed to Capquest for recovery. As I was disputing the balance owed, it was wrong for any action to be taken against me. I was in constant communication with Capquest and having paid on time, was told that as my account went into dispute they would refund me anything paid throughout the disputed period, as you know it is not permitted for you to take payment whilst an account is indeed disputed, until at least resolution has been sought. To clarify, I was making regular monthly payments to Capquest from May 2008 to October 2008 prior to putting the account into dispute. I never removed the dispute and therefore you have, in essence defaulted.

In March 2009, further to guidance from Capquest and Marbles, I commenced monthly payments to the account again. Please note, at no time did I intentionally cease payments - I was told by Capquest representatives and Marbles what to do and followed these instructions to the letter. After all, you are 'supposed' to be the 'experts'.

However, recently I was declined a credit account and so decided to look at my credit files and was horrified to notice a default had been registered against me - incidentally this vanished quick enough but the point is that there was one registered against me unlawfully by an unauthorised third party. A simple Notice of Assignment should prove Capquests proper involvement and will be demanded in line with the Consumer Credit Act 1974 (S189) whether they were the original creditor or not.

If necessary I will issue a SAR to both Marbles and Capquest in order to establish the facts, however I am confident when you realise the mistakes you will correct the credit account information in line with current legislation. The bottom line is you have acted inappropriately and taken action against me whilst an account was in dispute, I on the other hand have only been doing what I was told - albeit passed from pillar to post throughout my time in dealing with you.

I therefore request that you remove the late payment markers from all three credit reference agencies at your earliest convenience, replaced with the correct entry of [0], failure to do so will result in immediate cessation of agreed payments followed by litigation for your past and present CCA breaches. Bear in mind I can utilise s.10 of the CCA at any time, and will do so if provoked.

I look forward to hearing from you in due course, naturally with positive news by way of confirmation of removal of the late payment markers.

Yours faithfully,


DigitalPhase
(sign properly this time in ink)