ive asked a few times for help on here but dont get a reply?

vintagegirl

bottleofred wrote: »

Hi Vintagegirl,

The letters seem fine from capital one and cabot. Cr*pquest are chancers and feel free to tell them to go away, although I'd be inclined to send the prove it letter to them as I bet they can't prove you owe the money. You could however remind the idiots that you have copies about the debt being settled and send them a copy. Keep copies of those letters carefully as they could be handy in the future when some other pond life try to get more money from you.

Good luck

Red

HI i think you have it the wrong way around red, Capquest and Capital one are both saying the account is settled. Its Cabot who are chasing the debt and they have registered the default. How do i demand that they remove it , after they have these letters?
thanks for your reply
x

theoretica

Not good news, but I think that Cabot may have bought the remaining debt and all the wording still be true in letter (while you were paying attention to the spirit).

Does anyone know if Cabot are required to restart the default paperwork and send notice of default etc before actually registering it? If they are required to do this and didn't do it properly you have a good case to get them to remove the default.

vintagegirl wrote: »

(CAPITAL ONE LETTER) :
Thank you for writing to us about your account. I can confirm your account with us is partially settled with a balance of £171.67 and we are not pursuing you for any payments.

This is true, they aren't. It does not unfortunately it does not say no-one will pursue you for payment.

CAPQUEST LETTER:
Thank you for your payment. I can confirm your account is now settled and closed. As the amount you paid to settle your account was less than the full outstanding balance, your credit file will show as the balance is satisfied with a special flag of partial settlement.

I fear this is only your account with Capquest which is closed...

CABOT LETTER
CABOT has recently bought the account you held with Capital ONe and we're now responsible for receiving your payments, handling your queries etc (outstanding balance £171.67)

thechippy

I'd be seriously asking cap1 why they sold an account with which they were happy was settled (although partially) as if they did that's really out of order....

I don't think you can be defaulted twice on the same debt either, so if cap1 defaulted you, then the dca can't add another, unless simply the name of who defaulted you has changed.

vintagegirl

when i called Cabot to ask why id received this from them and told them they had no right as the debt was settled, all they said was i had to send them copies of the letter and they would deal with it then. I cant remember the exact words. Is this a sign it would be amended when they get the letters?

thechippy

vintagegirl wrote: »

when i called Cabot to ask why id received this from them and told them they had no right as the debt was settled, all they said was i had to send them copies of the letter and they would deal with it then. I cant remember the exact words. Is this a sign it would be amended when they get the letters?

Possibly, but I'd still be contacting cap1 to ask why they sold the account on. It may even we worth a SAR at the cost of a tenner, as this should have a copy of the noa when they sold it on (if they even did!!)

Many dca's are chancers at best and I'd want proof they even own the debt and have any right to collect....;)

vintagegirl

what i dont understand is how capital one had removed the default and then Cabot put it back on. How can they do that?

thechippy

They can't.

You can only be defaulted once for the same debt.

vintagegirl

thechippy wrote: »

They can't.

You can only be defaulted once for the same debt.

even though it had been removed and then put back on so tecnically theres not 2 on my report, just one. ive got my credit report from last month and its not on it, but its there this month

elsiepac

Hi vintagegirl

Jumping in late for you, but I would also suggest sending copies of the letter from Capital One and Capquest to Cabot, signed for, along with a copy of the letter they have sent you.

Also do contact Capquest at the same time, they definitely seem to have acted in the wrong here...

Hope it gets resolved

LC x

thechippy

Hiya,

Just to elaborate...

If lets say cap1 place a default in 2008 and in 2010 a dca buys the debt, it's possible that the name of the default holder could change from cap1 to the dca, BUT the date can't change from 2008 to 2010.

You cannot be re-defaulted to continually reset the 6 years. A default falls off your file 6 years after it's placed - period!

If the date has changed, then it needs to be ammended.

I'd seriously send a SAR to cap1 to see whats going on and then get back to us.