Default notice issued

[Sephy]

Hi,

 

I have had a default notice issued to me by Studio catalogue. Admittedly I got so caught up in making sure that all my credit cards were cleared and everything else was in order in my life I completely forgot about this catalogue. Needless to say if gave me a bit of a fright and rushed to pay it off in full. It was a silly amount around £100.

 

However I have had a lot of problems with Studio which I will detail. Firstly my order arrived 6 months late and I complained about this, I also complained that I had never recieved a credit agreement. My order once it was recieved was wrong and everytime I called studio to get it rectified I was treated like dirt.

 

Is there anyway I can get this removed? Can I try and get it removed on the basis I paid as soon as the mistake was realised? Or do I have a snowballs chance in hell?

 

My only other option would be to say in exchange for the default being roemoved I would not go to Trading Standards, the Ombudsman or any other consumer groups and take action against them for their other mistakes.

 

If anyone could help I would be really grateful as this is making me sick with worry.

Edited November 16, 2008 by Sephy

[IdaInFife]

When was the DN issued and when did you pay it?

 

 

Ida x

[Sephy]

I recieved the Default notice yesterday and paid it in full yesterday.

 

I probably don't have a leg to stand on and its my own stupid fault.

[IdaInFife]

It's ok then,

 

you get 14 days to pay it so it won't be recorded on your file,

 

Ida x

[Sephy]

Thats a relief, is there anywhere official where I can check that?

 

Once again many thanks

[IdaInFife]

No problem,

 

You really can only check on your credit files,

 

it should state on the default notice

 

you have 14 days to pay the balance etc blah before any action,

 

Ida x

[Sephy]

All I have is:

 

You are in breach of the payment terms of your credit agreement with our client Studio. To remedy your breach you must make payment to studio before 15-Nov-08.

 

So now that this was paid it won't show up on my file? Should i call to make sure that it won't?

[IdaInFife]

if you only received the letter yesterday then I believe you get 14 days from when you received it

 

 

It shouldn't show up

 

Ida x

[rory32]

And if that's all it states it's not a legally valid Default Notice anyway.

[Sephy]

I have recieved a letter saying I have had a default issued against me but I have a reciept back from Studio saying that the Balance is now clear?!

 

How do I challenge this?

[rory32]

You need to initially make a complaint to the credit reference agencies on the grounds that the information that they hold on you is not accurate and the default should be removed.

 

You might not get very far with them but you initially need to go through this step.

[Sephy]

How do I get in contact with them?

 

And what then after that?

[rory32]

Equifax Credit File Advice Centre

P.O. Box 1140

Bradford

BD1 5US

 

Experian

Talbot House

Talbot Street

Nottingham

NG80 1TH

United Kingdom

 

Callcredit Limited

One Park Lane

Leeds

West Yorkshire

LS3 1EP

t. 0113 244 1555

f. 0113 234 0050

w. www.callcredit.co.uk

And what then after that?

If they don't remove it you threaten court action and you include the CRA in the claim. They don't like the idea of being taken to court and usually buckle straight away.

[Arwen]

Hi,

 

I have had a default notice issued to me by Studio catalogue. Admittedly I got so caught up in making sure that all my credit cards were cleared and everything else was in order in my life I completely forgot about this catalogue. Needless to say if gave me a bit of a fright and rushed to pay it off in full. It was a silly amount around £100.

 

However I have had a lot of problems with Studio which I will detail. Firstly my order arrived 6 months late and I complained about this, I also complained that I had never recieved a credit agreement. My order once it was recieved was wrong and everytime I called studio to get it rectified I was treated like dirt.

 

Is there anyway I can get this removed? Can I try and get it removed on the basis I paid as soon as the mistake was realised? Or do I have a snowballs chance in hell?

 

My only other option would be to say in exchange for the default being roemoved I would not go to Trading Standards, the Ombudsman or any other consumer groups and take action against them for their other mistakes.

 

If anyone could help I would be really grateful as this is making me sick with worry.

 

Have you sent for a copy of your credit agreement as per s77-79 of CCA 1974 ? Do they actually have a credit agreement? And also have you asked for your documents from Studio by sending £10 under the DPA for all your account history and Payment history?

 

If you are sure you have paid this debt,it may be worthwhile asking for your records under the DPA.It is not up to you to prove that you do not owe this money,but for them to prove you do. And if you have a dispute with Studio cards,this can be marked on your CRF files as under dispute and they should not pursue you,or risk being reported to the OFT under Debt Collection guidance. Before I did what I do now,I used to work for the finance industry for a major bank (0ne of the top 5) and on CRF files we took fook all notice of Mail Order files,cos they were always flawed and out of synch, as long as everything else was ok.

 

HTH

[Sephy]

Have you sent for a copy of your credit agreement as per s77-79 of CCA 1974 ? Do they actually have a credit agreement? And also have you asked for your documents from Studio by sending £10 under the Data Protection Act for all your account history and Payment history?

 

If you are sure you have paid this debt,it may be worthwhile asking for your records under the DPA.It is not up to you to prove that you do not owe this money,but for them to prove you do. And if you have a dispute with Studio cards,this can be marked on your CRF files as under dispute and they should not pursue you,or risk being reported to the OFT under Debt Collection guidance. Before I did what I do now,I used to work for the finance industry for a major bank (0ne of the top 5) and on CRF files we took fook all notice of Mail Order files,cos they were always flawed and out of synch, as long as everything else was ok.

 

HTH

 

 

I requested my credit agreement but all I got was an unsigned version for me to sign and send back to them. There is no sign of my signature on the document just someone from Studios signature.

[Sephy]

Many thanks guys, after much letter writing and persistence Studio have no agreed to removed the default. Cheers

[rory32]

Well done

[Sephy]

Not only that they have agreed to remove ALL adverse credit data as it was their fault in the first place and that two of my complaints were ignored despite being sent recorded. I am a little shellshocked, its amazing what threatening to go to court can do

[IdaInFife]

Congrats xxx

 

 

Ida x