Debt says settled on credit file but still being chased

mumof2boys77

I had a debt of 5k with the bank of Scotland it defaulted in 2008. I had been paying it off to cap quest over many years at 20 pounds a month.
In October 2015 I decided to dispute the debt on mental health grounds and that they authorised my debit card for 2.5k worth of transactions over my agreed overdraft in a 24 hour period. I was a gambler back then and had informed the bank manager of my problem prior to this blow out. While looking through my paperwork I found an old credit file that clearly shows this same debt as being marked as settled by hbos in 2011.
I wrote all this down and on the advice of cap quest they suspended my repayments while I was appealing and requested all money paid beyond this date be refunded.
Cap quest wrote to me on 4 Jan 16 informing me hbos were taking the debt back. They said my file had been sealed and I can't access the info they had.
I called hbos they said they have no record of appeal and they are taking it back because I missed payments in NOV and December. They said they are passing it to another collections company.
I called cap quest back and they said they gave hbos info on 27 November.
It seems hbos are ignoring what I am saying. The debt is so old it's not on my new file.
Can they enforce it? Can I request a refund or would that be cheeky?
Thanks

sourcrates

Hi,
What kind of debt was this, I'm guessing a bank account/overdraught ?

Usual procedure if you dispute a debt is for the DCA concerned to return the account to the original creditor, instead of dealing with the issue.

It will say settled, as when a debt is sold, it passes to the new owner, who then report on it.
The old entry then reflects the sale with a zero balance.

If you have been paying this then it won't become statute barred, and is still enforceable unfortunately.

National_Debtline

Sourcrates is right about the credit file entries and how debts can appear when they are passed/ sold on (doesn't mean the debt was settled/ written off at that time). Unfortunately, the payments to Capquest mean debt is still enforceable in the county court and it isn't statute barred.


You can try and dispute the debt with HBOS and request they write it off. You should do this in writing as a complaint. It is discretionary and can be a tricky thing to argue and prove your mental state in 2008 but you should give it a try if you feel strongly about it. If your complaint remains unresolved then you can escalate the matter to the Financial Ombudsman Service. Good luck


Laura
@natdebtline

mumof2boys77

Thank you both ��

mumof2boys77

Sorry for the crazy long time for an update.
I do not think this debt was sold on as capquest said they were acting on behalf of hbos. Since I started a dispute about the debt capquest passed it back to hbos and hbos are saying they never received my disputed information from capquest. Although they insists they contacted hbos last November. In either case the debt has still been removed from my file in 2014 and no company has been updating it with my payments made. I thought they had to hold accurate information on me, the file said settled. Why would it say settled if it wasn't sold. assumed it had gone away . I logged into my capquest account and it says automatic write off but I got a letter from hbos saying it was now with wescot. Should I make a request for all information on me to capquest as they had been dealing with my dispute and I have them my life story of the time. I only started looking into it when I made them a settlement offer and they refused.

mumof2boys77

Thank you for your reply. Can I do this request even though it's an overdraft?

sourcrates

mumof2boys77 wrote: »

Thank you for your reply. Can I do this request even though it's an overdraft?

Ah, sorry, no you can't, it does not apply to overdraughts.

I would still write and complain about your payments though.

mumof2boys77

The debt wasn't sold it was collected on behalf of the bank. I'm still curious as to why it has a settlement date of sept 2011 a default date of August 2008 and a zero balance and has dropped of my credit file a while ago? It's definitely not sold. Thanks