Restons / Capquest Shop Direct Claim

[sytra]

Re: Restons / Capquest Shop Direct Claim

[MENTION=55034]nemesis45[/MENTION] [MENTION=5553]charitynjw[/MENTION]

Well, Capquest are now reporting the default balance on the credit file including the court costs, they have not even replied to the defence yet.

As Capqest have not been to trial yet let alone won can they report the court fees on the credit file?

The balance has gone from £1600+ to £1800+ ?

[charitynjw]

Re: Restons / Capquest Shop Direct Claim

Unfortunately the courts have decided that reporting to CRAs is not 'enforcement'
McGuffick v The Royal Bank of Scotland plc [2009]

However, the data must be accurate.
They should not include prospective court costs & fees.

[sytra]

Re: Restons / Capquest Shop Direct Claim

Thank you thats what I thought, will leave it a few days see if the claim gets stayed (about 14th or 15th) then write to them asking them to correct it. If we write now before the deadline they might try harder to reply to the defence!

[charitynjw]

Re: Restons / Capquest Shop Direct Claim

Did you get the usual 'Claimant has 28 days to reply to defence' letter from the court?
(I'm guessing from your recent posts that you did).

[sytra]

Re: Restons / Capquest Shop Direct Claim

Hi yes we did, the court received the defence on 10th feb, we got the letter from court on 14th dated 10th. But as yet not a thing from Restons

[nemesis45]

Re: Restons / Capquest Shop Direct Claim

@nemesis45 @charitynjw

Well, Capquest are now reporting the default balance on the credit file including the court costs, they have not even replied to the defence yet.

As Capqest have not been to trial yet let alone won can they report the court fees on the credit file?

The balance has gone from £1600+ to £1800+ ?

Hello Sytra

This is typical Crapquest they do this usually when they are unsure that they can win a claim.

Personally I would place notices of dispute / correction on all the CRA files asap.

A formal complaint to Thomas Waterworth Drury the CEO at Crapquest copied to the Information Commissioners Office is always an option.

nem

[Diana M]

Re: Restons / Capquest Shop Direct Claim

Capquest are now reporting the default balance on the credit file including the court costs, they have not even replied to the defence yet.

As Capqest have not been to trial yet let alone won can they report the court fees on the credit file?

The balance has gone from £1600+ to £1800+ ?

will leave it a few days see if the claim gets stayed (about 14th or 15th) then write to them asking them to correct it. If we write now before the deadline they might try harder to reply to the defence!

I think you've definitely got the right attitude to this.

You're at a sensitive stage in legal proceedings. This is the moment when Restons solicitors are considering whether to continue with the claim or let it become stayed, or even discontinue (unlikely).

The last thing you want to do is rock the boat by writing to the CEO of Capquest which will single you out for attention. The CEO won't answer your letter, it will be delegated.

Restons will know about it because any activity on an account during legal proceedings is always passed to the solicitor handling the claim. As you rightly say that may make them try even harder to squish you.

I know it's annoying to have the £200 discrepancy on your CRA file but does it really matter in the grand scheme of things?

It would be different if they've added a default when they hadn't defaulted you, but if it's only the figure that's wrong (by £200) it won't make a massive difference to your credit rating. If you were to apply for credit/mortgage the lender would note you had a default but the amount wouldn't impact on the underwriting. A default is a default.

I think it should be corrected but consider how and when you do that. When is the default due to drop off your file?

Di

[Diana M]

Re: Restons / Capquest Shop Direct Claim

Personally I would place notices of dispute / correction on all the CRA files asap.

If the OP places a Notice of Correction on their CRA files it would need to state why they believe the entry is wrong.

In this instance they would have to say it's because they have legal proceedings against them and the Claimant has included the court/legal costs prematurely.

That would flag up to anyone searching the file that for whatever reason another creditor is litigating against them. This may imply that their conduct of their account has been poor or the creditor wouldn't be taking them to court.

I think that would be far more damaging to the OP's financial reputation then the default figure being inaccurate by £200.

Once a Notice of Correction has been applied to the account it can no longer be 'auto-scored' by the database because the search is interrupted making the business searching it see the whole report including the Notice of Correction and the reference to the person they're searching being currently involved in legal proceedings against them. They may win this claim but until they do the 'no smoke without fire' presumption will be unavoidable.

My personal view is to leave well alone until the proceedings have concluded and definitely don't publicise to others that they are in progress.

Di

[nemesis45]

Re: Restons / Capquest Shop Direct Claim

If the OP places a Notice of Correction on their CRA files it would need to state why they believe the entry is wrong.

In this instance they would have to say it's because they have legal proceedings against them and the Claimant has included the court/legal costs prematurely.

That would flag up to anyone searching the file that for whatever reason another creditor is litigating against them. This may imply that their conduct of their account has been poor or the creditor wouldn't be taking them to court.

I think that would be far more damaging to the OP's financial reputation then the default figure being inaccurate by £200.

Once a Notice of Correction has been applied to the account it can no longer be 'auto-scored' by the database because the search is interrupted making the business searching it see the whole report including the Notice of Correction and the reference to the person they're searching being currently involved in legal proceedings against them. They may win this claim but until they do the 'no smoke without fire' presumption will be unavoidable.

My personal view is to leave well alone until the proceedings have concluded and definitely don't publicise to others that they are in progress.

Di

My personal view is to go ahead and challenge it the damage is already is done.

The default entry is wrong all the notice of correction will state is that anyone searching the credit file should not rely on the data posted by Capquest.

But as usual you decide to complicate everything and I think I know why!

[Diana M]

Re: Restons / Capquest Shop Direct Claim

The default entry is wrong all the notice of correction will state is that anyone searching the credit file should not rely on the data posted by Capquest.

There's an explanation of the Notice of Correction process on Experian's website.

Point 3 explains that there will be a 200 word (maximum) statement/text added to the entry which sets out the reason for disputing the data. The author of the Notice of Correction is the consumer (i.e. it's written in the 'first person') not a comment made by the CRA who remains impartial.

https://help.creditexpert.co.uk/help...356.1488972690

Diana M

[Joanna C]

Re: Restons / Capquest Shop Direct Claim

My personal view is to go ahead and challenge it the damage is already is done.

The default entry is wrong all the notice of correction will state is that anyone searching the credit file should not rely on the data posted by Capquest.

But as usual you decide to complicate everything and I think I know why!

Di's post you quote does not complicate anything at all it merely clarifies the position for the OP.

If the OP does what you are suggesting Nemesis45 and they post the notice of correction it means that all credit checks will have to be manually done- it can no longer auto scored which may well have a more detrimental effect on the OP than the default figure being inaccurate by £200. This is because the reason stated would disclose current court proceedings.

Similarly your advice to the OP that "A formal complaint to Thomas Waterworth Drury the CEO at Crapquest copied to the Information Commissioners Office is always an option." is a confrontational approach to take and is not really helpful to the OP as it is unlikely to have a positive impact on their current situation where as Di says "Restons solicitors are considering whether to continue with the claim or let it become stayed, or even discontinue (unlikely).".

I would think that if the OP were to follow your suggestion then Restons would probably be instructed to continue. How could this possibly be in the OP's interests at this stage of their court proceedings?

I personally agree with Di's view that the OP may be better " to leave well alone until the proceedings have concluded and definitely don't publicise to others that they are in progress"

[nemesis45]

Re: Restons / Capquest Shop Direct Claim

Di's post you quote does not complicate anything at all it merely clarifies the position for the OP.

If the OP does what you are suggesting Nemesis and they post the notice of correction it means that all credit checks will have to be manually done- it can no longer auto scored which may well have a more detrimental effect on the OP than the default figure being inaccurate by £200. This is because the reason stated would disclose current court proceedings.

Similarly your advice to the OP that "A formal complaint to Thomas Waterworth Drury the CEO at Crapquest copied to the Information Commissioners Office is always an option." is a confrontational approach to take and is not really helpful to the OP as it is unlikely to have a positive impact on their current situation where as Di says "Restons solicitors are considering whether to continue with the claim or let it become stayed, or even discontinue (unlikely).".

I would think that if the OP were to follow your suggestion then Restons would probably be instructed to continue. How could this possibly be in the OP's interests at this stage of their court proceedings?

I personally agree with Di's view that the OP may be better " to leave well alone until the proceedings have concluded and definitely don't publicise to others that they are in progress"

Quite simply wrong!!

[Joanna C]

Re: Restons / Capquest Shop Direct Claim

Quite simply wrong!!

You are of course entitled to your own view Nemesis45 but it will be for the OP to decide their preferred course of action

[Amethyst]

Re: Restons / Capquest Shop Direct Claim

Experian state:

If you apply for credit, the lender must read any Notices of Correction that appear on your credit report but they are not required to take them into account when making a decision.

Adding a Notice of Correction to your credit report will slow down any future applications you make for credit because the lender has to read the notice, but they do not have to take it into account when making a decision.

The £200 will make no difference on your credit file. I would certainly leave it well alone at least until after the court proceedings are concluded fully, and probably even then - how long is it until the default has been on the file for 6 years ?

[sytra]

Re: Restons / Capquest Shop Direct Claim

The £200 will make no difference on your credit file. I would certainly leave it well alone at least until after the court proceedings are concluded fully, and probably even then - how long is it until the default has been on the file for 6 years ?

Off the top of my head The default date is about Nov 12 the last payment was around Aug 12, so it has about 18m before it drops off the file.