Help for a newcomer

typerchris

Hi all,

As you will notice i am a newcomer to the forum. Recently i received to letters from dcas one from capquest for a debt to natwest and one from red debt collection for t mobile. I have never had any loan or anything with natwest and neither a phone with t mobile. So i immediatley ordered my credit file from creditexpert and noticed i had defaults on my file for both of these. They both defaulted in 03 at my previous address which i moved out in dec 06. After searching for info i sent off a cca to both of these companys. They received them on monday. What will be the procedure from now? How can i ensure they remove these from my credit file?? Getting them removed is obviously very important for me. Thanks in advance for all the help i'm sure you will provide me.

fermi

What was the debt to Natwest for? Sometimes they won't say.

Mobile phone contracts aren't normally covered by the Consumer Credit Act so it's unlikely that the CCA request will be relevant to that 'alleged' debt, so they may well ignore it.

The first thing you can do is contact the Credit Reference Agencies and dispute that the defaults are correct since, as you say, you have never owed anything to those creditors.

The Credit Reference Agencies should remove the information while they query it with the collectors that issued the defaults. However the CRA's only report the data supplied to them which means if the collectors reply that it is correct they will go back on.

In addition to the CCA request it would be a good idea to do the following in writing:

Contact the collecting companies in writing stating it is a formal complaint to dispute that you have ever owed any monies to those creditors, and that in recording that information incorrectly against your Credit Reference Files they may be in breach of the data protection regulations. Tell them they should remove the entries otherwise you will raise a complaint with the Information Commissioners Office, the OFT and the Financial Ombudsman.

typerchris

It says it was for a loan nearly £3000.

I made a mistake the letter i sent to red debt collection was not a cca request it was a slightly different template i found on here.

Should i not just wait the 12+2 days to see if they reply with a cca for the natwest agreement.

Thanks

fermi

typerchris wrote: »

Should i not just wait the 12+2 days to see if they reply with a cca for the natwest agreement.

If the debt is not yours then an agreement will not exist.

You can wait out the 12+2 days, but your priority is to get the unjustified defaults removed from your credit record.

It's by no means guaranteed (and perhaps even unlikely) that they will remove the default without a bit of 'prodding'.

You can do that after the 12 +2 days if you want, since they will be in default of the CCA request as well as recording incorrect info on your files.

typerchris

Is there a template i can use for getting these defaults removed?

typerchris

can anyone help

typerchris

Good Evening, I have received a response from both today.

The first been capquest dealing with the NatWest issue they have said they confirm the account is on hold for 28 days while they obtain the info and also asking if i have any proof of payment to forward documents. I thought they only had 12 days how do they get 28? What do i do now?

Second is red debt dealing for t mobile they state the phone was purchased from phones4u and state mobile number and was connected on 27 nov 02 and last payment was on 27/11/02. They also say they have requested for statments from t mobile and they will be forwarded to me. Again what now??

Begging for help,

Typerchris

talana

I've been in exactly the same position with those Capquest scumbags before, pursuing me for a debt that I didn't acknowledge at all.

The 28-day letter is their standard, computer-generated response to any CCA request. I received exactly the same. They always play fast and loose with the correct timescales. The bit about "do you have any proof of payments" etc is basically just them fishing.
If the debt is genuinely not yours, then the ball is still firmly in their court and you have absolutely nothing to worry about.

Don't speak to them on the phone. Only deal in writing. NEVER acknowledge the debt.
Personally I'd just ignore them at this stage, let them dig themselves deeper.
I went through a lengthy correspondence with them and they eventually gave up and admitted they could produce nothing in response to my CCA request.

If you'd like to know what they'll possibly say next, I still have copies of all the correspondence between capquest and myself. PM me if you like and tomorrow I'll prearm you!

typerchris

i have sent p/m. all help will be appreciated.

Did you manage to get default removed and debt moved on.

talana

Did you manage to get default removed and debt moved on.

Not removed but I have a Notice of Correction on it.
The first priority is to get Capquest off your back. If you can get them to admit in writing that in fact they have no evidence at all linking the debt to you (as I managed in my case), then you can use that piece of paper in your favour.
Then take it up with the Credit Reference Agencies.
Then if necessary the Information Comissioners Office.
See page 21 onwards of this leaflet of theirs for more.
http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/credit_explained_leaflet_2005.pdf