Debt not recognised - Removed by Creditor under commercial decision???

Rikkers01

Hi Everyone, Im new to the Forum, so please excuse me if I have posted this in the wrong section.

Last year after I moved in with my partner I obtained my credit report, I noticed 2 credit cards that had defaulted, Capital one and vanquis. Now these cards were not taken out by me (I had an idea who did though) I spoke to the creditors they couldnt help, so I registered the complaint with action fraud (the police told me to do this)

So I went back to the creditors (well now the collection agency and gave them all the information and the crime reference number)

The collection company came back and said that they didnt realise the situation and that the balance had been cleared and default removed from my report, this was the vanquis account.

However Capital one even with the same collection company they would not remove the default or cear the balance, when I asked why when the information supplied on behalf of vanquis account was acceptable and they dropped the debt, I recieved this response.

Firstly, for clarity, the Vanquis account reference no. 126516020 was closed due to a commercial decision, not due to us ruling the account as fraud.

What does that mean???

I know dont know what to do, I have been back to the police and they say they cant do any more.

Thanks in advance for any help

fermi

It means they Vanquis did not admit it was fraud, even though they clearly knew it was.

The 'commercial decision' is their euphemism for 'we know it's fraud, but are too embarrassed or craven to admit it, but we are writing it off anyway as we know we should, and if you take things further it will expose our incompetence and we can't risk that'.

A bit like companies who do not admit fault, but as a 'goodwill gesture' will do x, y and z.

fermi

Capital One are often very pig headed over these, and are only rarely ever seen to apply any common sense.

I would tell them that unless they treat it as the fraud it is, and remove any default or other info in your name from your credit reports, then you will be:

- Taking the case to the FOS seeking an adjudication ordering them to recognise it as fraud, remove the adverse CRA entry and pay compensation.
- Will be reporting their continued recording of information with the CRAs that they know to be false/inaccurate and Information Commission.
- May consider legal action against Capital One for recording false and defamatory information against yourself.

fermi

You can contact the FOS now, as they may be prepared to write on your behalf.

http://www.financial-ombudsman.org.uk/consumer/complaints.htm

Sometimes all it takes is a letter from the FOS to get complaints actioned and taken seriously

Thrugelmir

What came of the police action? Was anyone prosecuted?

fermi

Rikkers01 wrote: »

I know dont know what to do, I have been back to the police and they say they cant do any more.

They normally won't, even when these things are very clear cut. They just fob you off to actionfraud, who take the report, but rarely do anything either.

It's normally down to you to see recourse yourself by whatever complaints route you have, such and those I mentioned above.