Default Removal

[NiallK]

Hi. I had an account with Capital one around 10 years ago. I got into trouble and defaulted in Sept 2012. The debt was then passed to Capquest who badgered me. I paid the debt of last year. I have since discovered that there is potential to have the default removed. I emailed Capquest asking for documentation to prove the default and received a reply stating my request wasn't valid due to;
"Subsection (3) of section 77 of the consumer act reads:
(3) Subsection (1) does not apply to-
(a) An agreement under which no sum is, or will or may become, payable by the debtor relating to the same agreement was complied with."
I would really appreciate some advice on this.

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Sorry I never emailed Capquest I sent a letter by recorded delivery and a £1 postal order to cover return postage.

[NiallK]

Re: Default Removal

**Bump**

[nemesis45]

Re: Default Removal

Hi. I had an account with Capital one around 10 years ago. I got into trouble and defaulted in Sept 2012. The debt was then passed to Capquest who badgered me. I paid the debt of last year. I have since discovered that there is potential to have the default removed. I emailed Capquest asking for documentation to prove the default and received a reply stating my request wasn't valid due to;
"Subsection (3) of section 77 of the consumer act reads:
(3) Subsection (1) does not apply to-
(a) An agreement under which no sum is, or will or may become, payable by the debtor relating to the same agreement was complied with."
I would really appreciate some advice on this.

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Sorry I never emailed Capquest I sent a letter by recorded delivery and a £1 postal order to cover return postage.

Good afternoon.

Paying a defaulted debt off does not result in the debt being removed from credit files, and Crapquest are unlikely to be interested as they did not originate the default but only updated your credit files when it acquired the debt.

Any dispute regarding the default should have been taken up with Capital One.
There is no longer an account and no longer a debt, but the fact that the account was defaulted by the original creditor remains and the entry on credit files will be removed on the 6th anniversary of the default date.

I think you maybe confusing a request made under sections 77/78/79 of CCA 1974 for a copy of an regulated agreement which requires a £1 fee, this also no longer applies to this debt.

nem

[NiallK]

Re: Default Removal

Thanks for the reply. Capital one added the default and it is over 6 years since that. So is there nothing I can do or any other avenue I can look at?

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Capquest added a default to my file in January 2014. Can they do this? I know I should t have acknowledged the debt at all but you live and learn.

[charitynjw]

Re: Default Removal

Hi NiallK

Is this in reference to a CCJ resulting from a court judgment, or is it just a default on your credit history via a CRA?

[NiallK]

Re: Default Removal

It's just a default. Truth is I plan to hopefully go for a mortgage and this isn't going to help at all.

[nemesis45]

Re: Default Removal

Thanks for the reply. Capital one added the default and it is over 6 years since that. So is there nothing I can do or any other avenue I can look at?

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Capquest added a default to my file in January 2014. Can they do this? I know I should t have acknowledged the debt at all but you live and learn.

Good morning,

What is the default date showing on the credit file please, a debt purchaser such as Crapquest cannot enter a new default/default date, could the Jan14 be the date Capquest acquired the debt.

nem

[NiallK]

Re: Default Removal

I think I'm a numpty, no doubt one of you nice people can tell me! So, the default date showing on my credit file is 12/01/2011 registered by Capital One. I paid the debt of on 04/02/2014 to Capquest. So does this mean the debt will fall of my credit file on 12/01/2017? The thing that confused me was that Capquest registered me as being in default until the debt was satisfied.

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Ps I like the alteration to Crapquest. Appropriate for them.

[Amethyst]

Re: Default Removal

Yes it will fall off on 12/01/2017.

If you look on Noddle it usually gives you the date it is expected to fall off your file.

[NiallK]

Re: Default Removal

Oh, that is such a huge relieve to hear. Was really weighing on me as we have to buy or build in the next 2 years. My credit should be really decent once that falls of. Won't be getting into that situation again. Thanks everyone for your replies. Fantastic site this. Wish I had found it sooner!