Capquest default notice

catmanhog

Hello all,
I once took out a loan with the much missed (!) British Credit Trust for a car, which i paid off in the expected time after some 4 years of BCT not processing payments and attempting to charge me for it.
The loan paid, i disputed the fanciful amount they suggested i owed thanks to afore mentioned unprocessed payments and years of duplicate and unnecessary late letters.
They were then taken over by Capquest who have attempted to contact me, i told them i disputed the charges but now they have issued a default notice on my credit file.
I was under the impression that this could not be entered as a default - they have not actually sent me a default notice, just letters.
Any advice? I have no confidence in these people to know what they are talking about!

Thanks.

PaulW922

It will be a regulated loan under the CCA 1974 onwards, so yes, they must send you a default notice. However the issue here is that you paid the loan - or did you? You say you paid it but dispute the amount owed. Is that what Capquest are now chasing you for?

catmanhog

Hello - thanks for your comment.
Yes, the loan has been paid in full. They have put a random amount on as a default and claim that i owe £700 in charges, despite the loan being paid by the terms in the contract. They also sent me over 200 letters regarding the account during 3 years, lots of them duplicates.
I think this is where they have the charges from, i want them to remove the default before i even consider the charges issues but wanted to make sure they couldn't justify a default for charges if the actual loan had been paid in full. I have never agreed any payments for potential charges either.
Thanks again.

fermi

Default notice under the CCA is not the same thing as a default on your credit file, although they would under many circumstances happen around the same time.

If you can prove you paid the account without ever missing payments then complain on that basis, saying that if they do not stop chasing fictitious arrears and charges and remove the default then you will be taking them to the FOS.

happy_bunny_2

You need to complain in writing, let Capquest respond then take to the FOS unless they remove default, drop charges and offer compensation.

PaulW922

happy_bunny wrote: »

You need to complain in writing, let Capquest respond then take to the FOS unless they remove default, drop charges and offer compensation.

Agree - that sounds a good route to take. BCT will probably ignore most of your letters as they are now run by a servicing company