Have Capquest Wrongly put default on my file?

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Hi, i'm new to the forum but i've been trying to sort out a couple of defaults on my credit file and i got some valuable info from this site that i found really helpful, but now i'm confused about the response i got from Capquest when i sent them a Consumer Credit Act 1974 request.

I copied a template and changed it into my own account details and got a £1 postal order and posted it too. I sent it recorded delivery.

I was expecting a letter back from them telling me what the debt was and including a signed agreement by myself for the original agreement from who they bought it off.

The first page says that because it is a mobile phone contract that "the account is not a credit agreement but a service agreement so is not covered under the Consumer Credit Act."

The second page says that the account type is a "Dolphin 35 (18 month)'. and then explains how the debt has been passed about because of Orange changing to EE now. This strikes me as strange as i've never had a phone contract with Orange, but we did have Orange home internet years ago in a student house we lived in.

My confusion is as follows:

1. If this 'Service Agreement' is not covered by the Consumer Credit Act 1974.

a) Is there an equivalent act that i can get the information and copy of the original service agreement from capquest to prove they own the debt?

b) If they can not provide me with this original copy of the agreement do that mean that the debt is then not enforceable in court?

2. If they are telling me that the contract was a mobile phone rather than an internet service, does this mean that they are chancing their arm guessing what the debt is for? Surely if they can't tell what the service i had was then they mustn't have the right documentation anyway?

3. Are capquest allowed to put a default on my credit file without informing me. Can this be removed some how.

4. Can someone who has some experience in this field advise me on what i should do next because i am at a lose?


Thanks in Advance.

D :0)

happy_bunny_2

It's not covered by the CCA, that's correct.

You need to send them a complaint, in writing, stating you never had a mobile contract with orange and that unless they remove the default and cease collection activities, you will be referring to the ombudsman.

Ast for a copy of their complaints procedure.

PaulW922

You can make a subject access request under the Data Protection Act for copies of all they hold about you - that costs £10. However you need to send it to the right people - Capquest cannot send you data they do not hold.

However if you believe this is a debt not proper to you then there should be no need - explain this to Capquest and see what happens (nothing probably!)