Capquest Default ADVICE

fermi

lollypink wrote: »

Hi, it was settled in may 2008 and then they have placed a default on my file in 2009? and now I had a notification on my equifax of a bank default (???) from capquest who have sent me letters requesting the money 4 years later?

Can they do this???

Lets get this clear.

You paid this debt in full in 2008?

fermi

Threads merged.

lollypink

yes it is my belief it was paid off in 2008 and thats why it was settled on the credit report? If there was anything extra to pay I was not aware as I moved house. It is clearly stated as settled may 2008 and then defaulted in 2009? Now capquest have defaulted it in 2011.

I cant believe a this will stop me getting a mortgage, I'm devestated!!!!

Tixy

Just because something shows as settled on your credit file doesn't mean it was settled. Eg a debt often appears as settled in the creditors name just before it is sold on to a debt collector, who then add their own entry.

You mentioned in post 1 that this was for a debt in 2007? do you have proof you settled this in May 2008 aside from what shows on your credit file?

So you need to establish is anything was owed, if it was then the 2009 default may be ok. But its not ok for a new default for the same debt to be added in 2011 by a debt collector, They should use the original default date of 2009 (if that is what the creditor used).

Can you confirm what is on your credit file - is there an account for orange and an account for capquest both showing? Are you sure these are for the same debt?
On the orange entry on your file - what is the date the account was opened? the default date & amount? the balance due?
On the capquest entry on your file - what is the date the account was opened, the default date & amount? the balance due?

Gordon_Hose

It is your belief it was paid off?

So do you know for a fact it was? Because above you blatantly ignored their requests for payment!

It was either paid off, or it wasn't. I suspect it wasn't, hence why you got a default.

McKneff

Gordon_Hose wrote: »

It is your belief it was paid off?

So do you know for a fact it was? Because above you blatantly ignored their requests for payment!

It was either paid off, or it wasn't. I suspect it wasn't, hence why you got a default.

I think this is the logical explanation.
But OP, look into it because it happened to my daughter, HSBC gave my daughter F&F figures, she paid in full. Then moved. 2 years later when applying for a mortgage she found a default and was horrified.
She paid it straight away but complained. Apparently they had given her the wrong F&F or added an amount afterwards, ddnt try very hard to find her. Her complaint was upheld, £100 compensation and the removal of the default. What on earth made you ignore the letters.

lollypink

sorry for the late reply I have been away thanks for all your reponses.

the reason the debt is in query is becasue I had a difficult break up at the time, my ex held that phone contract and had paid it off I moved and thought nothing more of it. I needed to get out quick!

Now I have a default from Orange in 2009 and a fresh brand new default from Capquest in 2011!! can they do that? can they just default debt that is 4 years old as brand new default?? Moreover they have recorded it as a bank default? When it is not a bank default and never has been it is an orange account default??

I welcome your thoughts x

Gordon_Hose

You can't have 2 defaults for the same debt. So the original date on the one from Orange should be transferred across when Capquest update your file.

lollypink

Thanks Gordon there are registered as two seperate defaults? How do I go about changing this? and can it be registered by Capquest as a bank default? Orange wont speak to me they just keep regering me to Capquest directly. I have wrote to the executive office and they said the same.

Thanks for your help x

Tixy

Are you sure the capquest entry is in relation to your orange account not another account?

If you are then I would write to capquest. Point out that they have registered the account and default whilst the Orange entry of the account still shows. Remind them that only 1 account should appear and they need to remove the entry and default that they have registered, unless they arrange with orange to remove their entry and default. Then state to them that if Orange do remove the account and Capquest leaves theirs in place they must correct the default date on their entry to the same date that Orange previously showed.

I'd cc the letter to Orange as well.