Default removed....what now?

awayinchina

they will only squirm their way out of it if you allow them. They are open until 8pm (most are). sort it now and get a really stress free sleep. seriously why put off what can be done today (actually blag them say to them they said they were going to email you so stay on the line and wait for the email). why wait!! CARPE DIEM

chanz4

If you say your not the debtor to them, then say you are to a court you will look stupid. What status has the default account gone to on your file?

CASHLOW

Chanz that was my thinking too. I merely said 'I don't recall ever taking out a credit agreement with MBNA'. When she'd returned after the call she asked me to confirm my full name once again, which I did and then she said what she said. The whole entry from both MBNA and CapQuest have both been entirely removed, even from my old reports that I have access to online! Something I thought of overnight....can they impose a CCJ as it is? i.e. there obviously is not default from either as it stands....just the most recent letters stating no payment plan is in place and court action might be taken.....

awayinchina

seriously, get them to confirm it all in writting. if this is your debt and now they are saying you are not the debtor. GET IT IN WRITTING so if in 3 months they realise you are the only possibility you have it in writting they have said you are not the debtor.
Regardless, of what you think having it in writting means should they ever re-place a default (they can place a default on provided it is based on the original default date, plus you onlt have their word which is verbal that it wont).
If capquest has sold the debt on to another DCA it is common for the seller to remove the default only for the new DCA to re-apply it.
the advise you have been given as in GET IT IN WRITTING is the best you can get. As should it re-appear this letter (email) can and will get it removed. Also, should it ever go to court you have a DCA confirming you are not the debtor you would be able to counter claim for the debt and possibly be awarded the value of the debt.
I can not make it anymore "crystal clear" how important it is to get their words in writing.

awayinchina

CASHLOW wrote: »

Something I thought of overnight....can they impose a CCJ as it is? i.e. there obviously is not default from either as it stands....just the most recent letters stating no payment plan is in place and court action might be taken.....

just because a default is not on your file DOES NOT mean the paperwork is not available to prevent it re-appearing also it does not mean it WILL NOT go to court.

Verbal statements (unless you recorded it) are worth nothing they can and will deny ever saying it. you have more of a problem denying you sent an email/letter.

CASHLOW

Right, I've just spoken to them again. The lady I spoke to (obviously different from yesterday) again spoke with her manager as she couldn't believe what was said yesterday or that this wasn't my account. She told me they can't email me which I thought would be the case, and as I didn't know exactly what legal terms to use, I settled for her agreeing to send something in writing. She says a letter of apology will be sent, including acceptance that this is not my debt and that no further information will be added to my credit file. Also that no further communications from them will occur after this has happened. That all sounds great, but I don't like that they refused emailing. Are these companies mindful of what they say and agree to on the phone due to customers recording?

Thanks again so far everyone. Will keep you posted and if anyone else thinks of anything else, then please add.

Gordon_Hose

They can only go to court if they've defaulted you. And they haven't, so stop worrying.

ATEOTD they've agreed to put it all in writing, that's great for you. So sit back and wait for their letter. Then file it in a very safe place in case it ever crops up again.

AFAICS this is now done and dusted.

CASHLOW

Gordon Hose,

Thanks, I take comfort in your conviction....you sound adamant. ATEOTD and AFAICS, what do they mean please?

Gordon_Hose

At the end of the day.

As far as I can see.

CASHLOW

Morning guys,

I've been doing some more thinking based on what's been said so far.

The way I see it is that I'd be in a better position if/when CapQuest send the letter they've agreed to. However my concern is that it means !!!!!! all really. Just because they've written doesn't mean they're legally obliged to cease pursuing me if they believe it's me does it? And just to confirm, to go to court there must be a default filed? There seems to be some differing of opinion on this above! Does anyone know a link to the official and legal facts regarding this? Also Awayinchina - You say that if a new default is listed that it must be according to the original default date - See that all gets confusing now as I had that default removed on the grounds it was applied unlawfully in the first place. I never received it as it was sent to an address I've never lived at....do see how that might not be applicable??

Look forward to any further help guys. Also any links to factual information would be much appreciated. I understand this isn't clear cut.