Duplicate Default - Help!

[jaldoc]

I had an account years ago with Capital One, which I think, will have defaulted in 2004. I say 'I think' because I have no documentation and the debt has now disappeared off my credit report as it has been 7 years.

 

It would appear that in 2004 they sold it to Lowell. There's an account on my credit file in the name of Lowell for the same amount as Capital One and with the same reference number (last 4 digits anyway so it's definitely it!). The start date is 2004 and the default date is mid 2006!

 

So it would appear that I was defaulted twice for this one account. However I can only see the Lowell default and now not the Capital One default....

 

So what can I do? As far as I'm concerned it shouldn't have been defaulted twice and as six years has passed since the original default it should now no longer be on my credit report in any shape or form, but without the original showing on my credit report how can I prove it? Will Capital One still hold any details for me so if I make a data request to them to see any data they hold will they still have it after so long? Or should I just write to Lowell and request they provide proof of the original default notice and credit agreement (stating I do not acknowledge the debt, just in case!)..

 

Whats the best way for me to deal with it?

[BRIGADIER2JCS]

What you need to know is when the last payment was made or any

written acknowledgment of the debt was made.

Was the account on your CRA files in 2004-2005?

In my opinion you need to do a subject access request to Cap 1

to find out the details, this costs £10 there is a template letter in

the CAG library and Cap1 have 40 days to reply.

Address SAR to thr Compliance Manager at Cap1.

Are Lowell chasing you at the moment, if not leave

them out of the picture until you get all the information back.

Also contact the CRA (s) and put a notice of dispute on the

entry.

 

Brig.

[silverfox1961]

Hi

I agree with the comments above.

The Information Commissioner has stated that defaults should be placed as soon as possible and certainly within 6 months of the first missed payment.

By sending a SAR to Cap1, the account history should show when the default was issued.

If the dates between Cap1 and the Leeds losers differ, complain. If the actual default date is 2006 when it should have been 2004-complain

[jaldoc]

Thanks for the advice!

 

Is it likely Capital One will still have any data for me if it was sold to Lowell in 2004?

 

As for Lowell chasing, its quite weird.....

 

Lowell now seem to own the account according to my credit report, it's not showing against my current address but it is linked to an old address (where I lived about 7 years ago).

 

However I have a number of letters to my current address about it....

 

Two from Fredrickson International in mid 2010 (asking fort the money on behalf of Lowell - has the capital one ref number on it but no mention of Capital One's name).

One letter from Lowell themselves in July 2011 with the Capital One details on there asking for the money.

A further two letters from Buchanan Clark & Wells in October 2011 asking for the money on behalf of Lowell!

[jaldoc]

Thanks to you too! Love this forum!

 

So if I do obtain confirmation that the dates differ and I have been defaulted twice - who do I complain to?

[BRIGADIER2JCS]

The only way to get to the bottom of this is to get

the SAR done, any advice we could give now would

be speculative at best.

 

Brig.

[jaldoc]

Thanks Brigadier2jcs

 

The link to the SAR letter seems quite specific for a bank, I've never written any letter of this sort though, and not sure how best to do it. Plus I would be concerned in acknowledging that I know of accounts I hold with Capital One just in case the 6 year statute barred rule hasn't applied yet (im about 80% sure it has but can't be definite). I do like the fact that letter mentions that my request for data isn't limited to only the past six years of data though...so how do I word it so that I am asking to know of any data they hold for me (without confirming I know of an account)? Is there another letter template?

[BRIGADIER2JCS]

Hi the request for information cannot restart the SB clock,

just amend the letter to require them to provide all data that

they hold on youa nd the specific account, this is a lawful

request for information so it changes nothing.

The request as you say should not be limited to the last

six years.

As said amend/edit to the specific account then you are not

acknowledging any othe matters.

Mark your payment cheque or postal order '' For Statutory Fee Only''

[jaldoc]

Sorry to be a pain with another question....

 

Do I need to be specific about what I'm asking for (I want a statement so I can see when I last paid which will let me know if it's statute barred - i definitely have never written to any creditor so last payment made will confirm when statute barred started, plus notices of any defaults applied...or shall I just say 'I request all personal information, and this will all be covered anyway?).

 

Plus although the DCA has my current address as they have been sending letters to it, it's still linked to an old address on my credit report and not against my new one... Capital One will only have my old address. Should I just list the addresses I've lived at for the past 8 years or so in case they come back to me to say they have no account registered at my current address? I don't want to write down my account number with Capital One as I feel there could be a risk of that being confirmation that I know of an account with them, so I need to give them info so they can find the account without being given the account number - I need to be as vague as possible I think...

[silverfox1961]

Copies of your statements should show when the last payment was made.

 

To ensure that Cap1 don't waste your time, it would be useful to give them pertinent info to confirm your identity. Previous addresses is a good start.

[jaldoc]

Great thanks I'll include my previous addresses and request statements and all personal data.