In-correct Default date - Capital one

[JJSIDE]

My IVA was successfully completed in November 2009. However a few months ago a 'new' default suddenly appeared on my Credit report - this was from a debt included in the IVA to Capital One Credit cards. My IVA started in December 2004 but the entry on my credit report, although it says settled, has a default date of May 2008 and therefore is going to show on my credit report until May 2014. I wrote to Capital One asking them to amend this but after 2 months have had no response. An I right in thinking that the default date should be December 2004 and therefore should have dropped off my credit report by now? And has anyone had a similar experience with Capital One and any advice as to how to get them to amend the entry on my credit report?

[kallis3]

Hi,

You need to tell Capital One that any defaults after the date of IVA acceptance have to be removed.

Write to the Data Controller there.

[JJSIDE]

Hi kallis3 - thanks for the reply. I did write to the Data Controller - at the end of September - no response!

[kallis3]

You could write again and sent it recorded delivery. Give them two weeks to remove the default or you will take it further.

[luluj]

I would also write to the credit reference agencies and they can note your account while you sort it out. Capital one are well known for this ...they have tried it twice with me already !

[TheMatrix]

They are trying it on by the sounds of it.

Totally unacceptable and as you say the 6 years would have been up on the same date in December 2010 from 2004. So should not be appearing now. I'd be writing to their Data Controller to complain.

Ask for their final answer on your complaint and take it to the banking ombudsman/information commissioner after the 8 week waiting period. I'd also open a dispute with the CRA's involved, though all they'll do is write to Capital One it's another angle to tackle them from.

[JJSIDE]

I still have had on response from Capital One, so i rang them today. They said that this account is now settled and that the default date of 15/04/2008 is correct and that they are unable to change it to the date of the start of my successful IVA - which is 12/12/2004. I really don't know where to go from here as I have written to their Data control officer and I know they have received my letters but they are refusing to change the default date to the start date of my IVA - any suggestions as to my next move?

[ginger3232]

JJside - its time to write to the Data Commissioner - enclose all your(copies) letters to capital one etc - send recorded delivery. Also state all your telephone call dates to the data controller of the company

[JJSIDE]

ok thanks Ginger3232 - how do I write to the Data Commissioner i.e. what name/address etc.

[ginger3232]

Use the links belows as it will give you all the information on how/when and where, and Timescales expected - there is all a online complaint form you can print off - with the full postal address

http://www.ico.gov.uk/

[JJSIDE]

Thanks ginger3232 - I will get cracking and send in a complaint to the Information Commisioners pdq!

[kazzafunk]

Let us know how you get on.

[TheMatrix]

If the IVA started on the 12/12/2004 then Capital One are right they are not able to amend the default date because if they did it would drop off.

THEY SHOULD REMOVE IT IN THAT CASE - If the above date is used then it will be older than 6 years!!!

I know where you are coming from though, as I've had a creditor post another default on my file which I'm in dispute about, it's a duplicate with a very similar account number. Sorted it out with Equifax, they've deleted both. Experian have deleted the wrong one, and Call Credit has been correct all along as it stands at the moment.

Ex-Creditor has promised to sort out the Experian one though and back date the default, just waiting for them to do it now.

[JJSIDE]

Hi Matrix, yes, it is very frustrating as it is Capital One who have decided that the default date is 15/05/2008 when the IVA was started 12/12/2004. They didn't vote when the IVA was originally approved but they received dividend payments from the IVA and the account is settled. However on CallCredit it still shows as a defaulted account and it also shows on Equifax as a Settled account. It doesn't show at all on Experian. I have writtten to Call Credti adn Equifax but they won't amend the default datae they say it has to come from Capital One themselves. My IVA completed in November 2009 so it is the single remaining 'black mark' on my Credit reports for Equifax and Call Credit - on Experian my rating is 999!

[mattyboy]

I have been researching via the ICOs office for a similar issue with Nationwide. The credit reference agencies are wrong to tell you they have no power to update the records.

This is what the ICOS guidance on the matter says (point 41)

Credit reference agencies potentially have a defence against action through the courts by individuals who successfully challenge the accuracy of data received from a lender. However, this defence is only available if the agency takes reasonable steps to make sure the data is accurate and, as soon as they become aware of the challenge, takes steps to mark the file accordingly. Records where the accuracy is challenged can be marked as ‘under query’. This marker alone is unlikely to be sufficient to provide protection against claims, including those for compensation. Agencies should therefore ask the lender to
substantiate the disputed information within a reasonable time frame, for example, 28 days, and, if the lender is unable to substantiate the disputed information in that time, should suppress the information from the file.

Quite clear really the CRAs cant just brush you off with "its not our problem"

Full file is at

http://www.ico.gov.uk/upload/documents/ ... %20doc.pdf