Help my friend please

[jamster747]

Hi there,

Can you help with an issue for my friend who I believe been defaulted without notice.

18 months ago my friend has moved home and I helped him write a letter to all the banks, creditors and the ulitly companies informing them change of address.

18 months on my friend ben he wanted to check his credit file as he wanted to get a apple computer on finance was was declined this was the first time he applied for credit at new address. So we both checked his credit file and notice he has a default on his credit file from Cabot! Which was still registered at his old address.

I rang Cabot for my friend because he is deaf and have limited communcation also with his learning difficulties he wouldn't know what to say.

It was confirmed that vanquis sold the debt to Cabot. I have told Cabot that they have the wrong address and I also told them that I written to vanquis and my friend ben signed it to let them know the change of address. Something clicked during the call which I had to put the person on hold and ben explained to me he thought he sent a cheque with full amount to pay it off he then realised that he has sent it to capital one.

Now coming to realised he thought that he owed capital one money but in the first place as nothing owed to them but he sent the cheque to capital one anyway suprisely they banked the money and credited his account. Heard no more about it. Until now we discovered he was meant to sent the cheque to vanquis not capital one where he thought he owed capital one in first place. To be fair his disability does get him a bit confused.

We got in touch with capital one and they said yes his account in credit plus and they are going to send him a cheque.

So so he thought not hearing from vanquis was because he thought he owes them nothing.

Now I explained all this to Cabot but they was not having none of this they saying they will not remove it dispite offering full amount and them to remove the default. But no they won't.

I have logged a complaint and they did say the outcome will be slim and nothing will change from there.

So I got in touch with financial ombudsman and they have advised they are going to send a letter on his behalf and see what they can do. But again the person at financial obudman saying they will try but they said because he didn't recieve default notice and went to his old address it is possible they may re consider.

i can vouch for my friend because I wrote the letter for him and he signed it posted it to let vanquis know change of address but that didn't happen.

if ben did recieve the default notice in the first place to his new address he would've went to me and wouldve swiftly sorted this out and realised he sent the cheque to the wrong bank.

I have pleaded his case and ask them to remove it on a gesture of a goodwill but they were having none of it. I even spoken to vanquis on the telephone and they say they won't ask Cabot to remove it so I don't know what to do.

Can you advise me what I should do if Financial Obudman can't do anything and Cabot still refusing.

Any suggestions?

[PAWS]

Re: Help my friend please

Just giving this a bump for you Jamster xxx

[nemesis45]

Re: Help my friend please

Hello Paws,
It seems to me Cabot and Vanquis are sticking to the letter of the Information Commissioners Office rules and guidance in regard to reporting defaults to CRA's, which is that the credit record must show an up to date and accurate picture of the conduct of the account.

So that if a default is properly placed then what ever happens after that cannot affect the fact that the account has been defaulted.

Unfortunately your friends mistake genuine it remains that the account was defaulted and a DN would have been sent.

To address this unfortunate situation if possible put all the events in chronological order for me dates if possible I will draft letters for you to Cabot and Vanquis by trying to hit higher up the chain of command.

nem

[jamster747]

Re: Help my friend please

Hello Paws,
It seems to me Cabot and Vanquis are sticking to the letter of the Information Commissioners Office rules and guidance in regard to reporting defaults to CRA's, which is that the credit record must show an up to date and accurate picture of the conduct of the account.

So that if a default is properly placed then what ever happens after that cannot affect the fact that the account has been defaulted.

Unfortunately your friends mistake genuine it remains that the account was defaulted and a DN would have been sent.

To address this unfortunate situation if possible put all the events in chronological order for me dates if possible I will draft letters for you to Cabot and Vanquis by trying to hit higher up the chain of command.

nem

Thank you so much for getting back to me I really do appreciate it as I am trying to help my friend as much as I can,

Okay he moved out from old house in May 2013
But in March 2013 he wrote a cheque out to capital one for the amount that he owes vanquis along with a letter of address change.

I wrote a letter in March also to all his bank accounts, ulilty companies and creditors with his new address, all have received it apart from vanquis. That why he didn't hear from vanquis a default notice letter. he just assumed it all been sorted and paid as not heard anything.

Until now he discovered cabot defaulted his credit file by vanquis. Which took place in July 2013

When we got in contact with capital one saying that they got his money they admitted they have banked his cheque in error and now have issued a refund plus 25 pound compensation.

[MIKE770]

Re: Help my friend please

Vanquis Defaults at times has no issue date on it, only reference is an attached letter?

[jamster747]

Re: Help my friend please

Vanquis Defaults at times has no issue date on it, only reference is an attached letter?

There is no correspondence from vanquis or cabot letters.

My friend only discovered the default on credit file, now if he got the default notice he would've quickly realised his error that he sent the cheque to the wrong bank.

If only capital one also sent the cheque back to him when the balance was £0 with capital one at the time again he would've realised his error but capital one just credited his credit card instead he would've realised it was meant to be for vanquis.

[nemesis45]

Re: Help my friend please

Ok.
Cabot did not place the default, this would be done by Vanquis some time prior to selling the debt to Cabot.

Has the Vanquis account been cleared now?

nem

[jamster747]

Re: Help my friend please

Ok.
Cabot did not place the default, this would be done by Vanquis some time prior to selling the debt to Cabot.

Has the Vanquis account been cleared now?

nem

Because my friend is waiting for cheque from capital one as soon he they get the cheque to us he will bank it and write another one out to cabot as the debt belong to them now....

We trying to say to them if you remove the default we will pay you in full!

Although explained the situation and pleaded them on a gesture of a good will to accept this they refused to remove the default.

I am banging my head against the wall, it frustrating as it was a geuninue mistake and I wrote that letter for my friend to let them know change of address but they not having it.

[nemesis45]

Re: Help my friend please

I understand the " mistake " but the default was placed properly.
I can try to put a letter together over the next few days nothing can
be done between now and Tuesday.

nem

[jamster747]

Re: Help my friend please

Thanks so much appreciate this!!