Adding a default to my credit score 4 years on.....?!?!?
Adding a default to my credit score 4 years on.....?!?!?
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speed_monkey

Original Poster:

3,503 posts

219 months

Wednesday 23rd January 2013
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Hi All,

After checking my credit score with Experia i can see that there is a default from a company called Capquest, who I have never heard of!

Basically I believe it would be for a phone contract as the account type says "communications".

The date the account started is: 13/06/2006
The date the default was added is: 15/04/2010 (four years on!!)
Amount of the default: £282.00

I have no recollection of this debt and the address they have listed is approximately 4.5 years old, I left that address August 2010.

How do I go about resolving this as it is starting to get silly as I cannot get any decent credit rates for anything!

frown

Edited by speed_monkey on Wednesday 23 January 12:11

e8_pack

1,384 posts

211 months

Wednesday 23rd January 2013
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Call them and speak to them. Give it in writing. Took me about 6 months to clear up my id theft.

speed_monkey

Original Poster:

3,503 posts

219 months

Wednesday 23rd January 2013
quotequote all
I am not sure if it is ID theft though...... I dont know!

all of the dates and the addresses do not stack up though.....

Is there a way of having the default removed???

This is starting to seriously piss me off frown

speed_monkey

Original Poster:

3,503 posts

219 months

Wednesday 23rd January 2013
quotequote all
Is it worth contacting them and asking for a signed CCA?

If they cannot prove the debt with a signed consumer credit agreement am I able to have the default removed?

Sarnie

8,373 posts

239 months

Wednesday 23rd January 2013
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You need to call them, it should be pretty straight forward for them to tell you which company it was from and whether it's a mistake or not.

They obviously do not have an address for you which is why you haven't been chased.

speed_monkey

Original Poster:

3,503 posts

219 months

Wednesday 23rd January 2013
quotequote all
I would like to call them armed with the facts though so they do not hound me down.

Ideally i want the default removed, is there a way to do this?

If they do not have a CCA is the default ilegal/ non enforceable?

Sarnie

8,373 posts

239 months

Wednesday 23rd January 2013
quotequote all
speed_monkey said:
I would like to call them armed with the facts though so they do not hound me down.

Ideally i want the default removed, is there a way to do this?

If they do not have a CCA is the default ilegal/ non enforceable?
You can't get the default removed without proving it's incorrect. To prove it's incorrect you need to phone them and ascertain the details of the default.

The vast majority of credit agreements these days are not reliant on signed copies of CCA's. The vast majority of mortgage lenders no longer require signed declarations from clients, although I always do as good practice and keep it on file.

speed_monkey

Original Poster:

3,503 posts

219 months

Wednesday 23rd January 2013
quotequote all
Sarnie said:
speed_monkey said:
I would like to call them armed with the facts though so they do not hound me down.

Ideally i want the default removed, is there a way to do this?

If they do not have a CCA is the default ilegal/ non enforceable?
You can't get the default removed without proving it's incorrect. To prove it's incorrect you need to phone them and ascertain the details of the default.

The vast majority of credit agreements these days are not reliant on signed copies of CCA's. The vast majority of mortgage lenders no longer require signed declarations from clients, although I always do as good practice and keep it on file.
Okay thanks, i hate finacial stuff like this! frown

What sort of questions should I be asking? I dont want them to run rings around me....... This is apparently from an account starting in 2006, i read somewhere that any debts pre-2007 (or something to that end) MUST have a CCA?

ETA: does a notice of default need to be issued before a default placed on my record? Because if there was one issues then it was obviously sent to the wrong address......

Edited by speed_monkey on Wednesday 23 January 12:51

Sarnie

8,373 posts

239 months

Wednesday 23rd January 2013
quotequote all
speed_monkey said:
Okay thanks, i hate finacial stuff like this! frown

What sort of questions should I be asking? I dont want them to run rings around me....... This is apparently from an account starting in 2006, i read somewhere that any debts pre-2007 (or something to that end) MUST have a CCA?
It's not going to be a quick or easy process.

First thing you will want to find out is who the default is from. If its from a company you have never had any dealings with then it should be straight forward. You mentioned that it may be for a mobile phone contract, if they say its from a company you have never had a phone from then it should be as straight forward as phoning the company and asking to speak to the people that deal with issuing default notices and advise that somehow they have credited one to you. They should be able then to inform Capquest to remove the default.

Things will get tricky if the company is someone you have had dealings with. You will then need to find out why there was an amount unpaid in the first place. The usual reason is that a change of address means they never recieved any correspondence or bills etc. If you think you paid it then you will need to prove it with bank statements etc. If its for a bill that arrived after you left the address and you didn't pay it, then unless you informed them of your change of address, then your goosed and are better off just paying up.

By paying up the default will revert to satisfied but will still stay on your credit file till August 2016. It will affect your ability to get credit, the degree will vary depending on what you are applying for. However, it's infinitely better to have the default marked as settled (eg you've taken responsibility for the debt and paid it) rather than unsatisfied (eg you've done a bunk and are trying to avoid paying).

voicey

2,494 posts

217 months

Wednesday 23rd January 2013
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Be prepared for a long hard battle that you might not win. RBS placed a default on my credit files in similar circumstances (4 years past the date of "default"). I used to have a Natwest account but that had been closed for 10+ years. I asked them time and time again to prove I owed them money and they kept blowing me off. I even told them that if they could prove it I would pay them double (the amount was only £200 or so).

Considering I work in a (different) bank I found it very hard work and eventually gave up and simply let it roll off my report (six years from the date of default). I was fortunate to have a lifetime mortgage in place and do not need to obtain credit but realise that this might not be an option for you. Good luck with it!

JB8

381 posts

175 months

Thursday 24th January 2013
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speed_monkey said:
ETA: does a notice of default need to be issued before a default placed on my record? Because if there was one issues then it was obviously sent to the wrong address......

Edited by speed_monkey on Wednesday 23 January 12:51
A default notice will have to have been issued to you in order to report a default on your credit file. They do not have to prove receipt however.

If you failed to inform of a new address the last know one is sufficient too, you can't use the excuse 'well I didn't receive anything'.

Follow Sarnie's advice, call the company, make clear you do not accept liability and the debt is in dispute though.

hedgefinder

3,418 posts

200 months

Thursday 24th January 2013
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i found out purely by chance that there was a default on my file a number of years ago after i thought i should check after recieving a letter from a debt collection agency for a debt not in my name.
It turned out it was for a debt at an old address about 3 years after i moved out for someone with a similar name FFS!!
He had the same second name, totally different first name, date of birth etc obviously and haddnt even lived in this country for more than a year!
They quickly removed it from my file after I threatened them with legal action.

northandy

3,540 posts

251 months

Thursday 24th January 2013
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I might be wrong but i read that in the way an account was opened in 2006 that then defaulted in apr 2010.

So you were living there, so do you really have no recollection of dodging a bill?.

Itll only be removed if its not correct.

e8_pack

1,384 posts

211 months

Friday 25th January 2013
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hedgefinder said:
i found out purely by chance that there was a default on my file a number of years ago after i thought i should check after recieving a letter from a debt collection agency for a debt not in my name.
It turned out it was for a debt at an old address about 3 years after i moved out for someone with a similar name FFS!!
He had the same second name, totally different first name, date of birth etc obviously and haddnt even lived in this country for more than a year!
They quickly removed it from my file after I threatened them with legal action.
It wasn't the legal action that made them remove it. They would have removed it anyway as soon as they realise it's not you. Most of the when I called it took a few minutes of getting through and talking to the right department then it was removed in the next update. Some took a bit linger due to the inevitable incompetence of humans but I certainly didn't need "legal action" though i'm sure a solicitor would have been happy to take payment off you to do the same thing.

Quietlybonkers

22,511 posts

174 months

Friday 25th January 2013
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I had to get my credit record tidied up recently to apply for a mortgage. My main gripe was that they always seemed to be 2 months behind. I found Experian very easy to deal with - just look them up on't web and give them a call, explain the problem, ASK FOR THEIR HELP, which will get them onside, don't gripe, just try to get the relevant info on who has placed it there and what you can do about it.

I cleared a couple of Barclaycard accounts prior to applying for my mortgage, and Barclaycard refused to update my record in anything like a timely fashion. I was able, with Experian's help, to place a notice on the file which directed anyone using the credit search to look at my contesting of the balance stated as owed.

Bear in mind that a lender who uses Experian does not see the same credit report that you do - they don't see the score you see, and have to look at comments that you are able to post with Experian's help. So get Experian to advise you on how to post the fact that you vehemently contest the alleged default. And LISTEN to what they say and take their advice on what to write - they are the experts on their own system