How often do CRA's update your payment details?

digitalphase

Thanks very, very much NID!

Though I need to make it clear to Marbles that I was paying Capquest from May 2008 until October 2008, then I raised a dispute.

Would you be able to modify it to reflect this in the appropriate place?

Thanks again!

never-in-doubt

digitalphase wrote: »

Thanks very, very much NID!

Though I need to make it clear to Marbles that I was paying Capquest from May 2008 until October 2008, then I raised a dispute.

Would you be able to modify it to reflect this in the appropriate place?

Thanks again!

Yes sorry, any conflicting info/omitted bits just add them and send it......

Ive added the part you quoted in the letter above..... see it?

digitalphase

Thanks very much, I will send it off tomorrow and keep everyone updated! Has anyone else had late payment markers/defaults removed from these letters?

never-in-doubt

digitalphase wrote: »

Thanks very much, I will send it off tomorrow and keep everyone updated! Has anyone else had late payment markers/defaults removed from these letters?

I have! Had 3 so far - but mine are slightly different in they are not mine. But I fight as though they are just to annoy the lender cos I dont tell them it isn't mine until right at the end LOL

Send letter recorded delivery, special delivery would be best but costs more so upto you but deffo traceable!

Trust me, they will amend the payment markers cos you're making a very serious toward them. I haven't quoted many laws/acts as no need to. Its black and white.

Remember, this is not to remove a default, moreso a late payment marker so much easier to argue. :beer:

digitalphase

I've modified it a bit, correcting a few details. Does this read OK?

---

Account Formally in Dispute

Dear Marbles,

Re: ACCOUNT NUMBER: XXXXXXXXXXXXXXXX

With reference to the above account, I am alarmed to notice that there is a 5 late payment marker showing with the credit reference agencies, in particular from May 2009, when my account was in dispute up until this point.

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 cannot be done. That is the whole point of allowing me the right of appeal, by placing the account into dispute.

I have had an account with Marbles since 2004, however during 2008 my 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 made monthly payments with them using my bank card, up until it was declared that my account was in dispute. As you know, you are not permitted to take or demand payment whilst an account is being disputed. For clarity I was making regular monthly payments to Capquest from May 2008 to October 2008 prior to making the dispute.

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 quickly 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 Capquest’s 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

never-in-doubt

digitalphase wrote: »

I've modified it a bit, correcting a few details. Does this read OK?

Purrrrfect - they will amend it, they don't have much choice! All you done was amend the facts, that is fine. The main points remain so send it off and wait the good news

Here's another successful removal for you: http://forums.moneysavingexpert.com/showpost.html?p=22408139&postcount=485

digitalphase

Thanks ever so much NID! I've sent the letter of 1st class recorded today, hopefully they'll get it soon and replace that nasty red 5 with a lovely green 0! I really appreciate your help :beer:

never-in-doubt

digitalphase wrote: »

Thanks ever so much NID! I've sent the letter of 1st class recorded today, hopefully they'll get it soon and replace that nasty red 5 with a lovely green 0! I really appreciate your help :beer:

Nice one, they will get it Tuesday and if you log-in toward the end of the week, see what happened. They may say no but then we'll enforce it with an N1 threat!

http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf

digitalphase

Thanks, I'll keep you posted