Default Removal - Help Pls. from retailer STUDIO

[NAC]

Read plenty of thread over here, I beleive there is someone out here can help me out.

 

Story in short

My wife opened Studio account on my Name in 2006 for purchasing Christmas Gifts. (I was aware of this). Was paid regularly since then.

In February 2010 we got separated (now I am living in separate address rented). Managed to sort out all the financial accounts but somehow Studio Account was overlooked by my self.

In July 2010 I received a letter in my new address from a debt collector of Studio regarding miss-payment. Immediately I paid in full and settled the account.

Now went for mortgage happily and was advised to get a credit report. Got it and found there is a default notice against Studio account.

Followed the instruction/examples/ procedures mentioned on sticky notes over here to remove the default notice.

First letter wrote them very polite, explaining the situation and requested them to remove the default notice as a good will gesture.

They replied with a bit rude letter stating that this is your true reflection of your account with us, therefore will not be removed.

So followed the sticky note example (letter 1).

 

Got reply (below)

 

Your Ref XXXXXX

Our Ref XXX

28th July 2011

Mr Xxxx Xxxx Xxxxxxxx

Dear Mr Xxxxx

Thank you for your recent letter, which has been forwarded to my attention.

In order to obtain a copy of your credit agreement, please forward the statutory fee of £1.00 (I did not sent this so will do with my next letter).

With reference to your request for a copy of the default notice, default notices are produced by our computer systems and we do not retain copies of them. We are not legally obliged to retain a copy of the default notice, or to supply you with a copy of it. We are only required to retain a record of when it was sent, 3rd June 2010. A sample can be provided if required.

There is no deed of assignment as Studio still owns the debt.

Assuring you of our best attention at all times.

Yours Sincerely

Xxxxxx

Customer Liaison Advisor

 

What should I write back to them? I will be sending £1.00 for credit agreement.

Your advise, guidance and help will be highly appreciated.

 

I want to buy a house near my daughter’s school (she is 5 years old) and stuck in this Default Notice system.

[reallymadwoman]

Realistically, you are not going to get this default removed. A default registered with a credit reference agency is not the same as a default notice, you don't necessarily need one to have the other.

 

The bottom line is that for whatever reason you missed payments so probably after 3 missed payments Studio accurately recorded that the account was in default. They have done nothing wrong so if they won't remove it as a goodwill gesture, there is nothing you can do about it.

Have you tried applying for a mortgage and seen what effect this one default has? I presume it is now showing as paid in full?

[NAC]

Hello Reallymadwoman,

Yes I did apply for the mortgage and was refused. After refusal straight I got my credit report and found this default.

So somebody advise me to put correction of notice something like that so I did that.

You are right the account says settled (paid in full).

 

The mortgage advisor told me that Default against your credit history is the reason for the refusal.

Thanks for the reply.

Regards

NAC

[Durkin]

This sucks.

 

Under current UK legislation you're stuck for 6 years with this. There's an increasing number of people in a similar situation as we move out of the recession. In 6 years, house prices could go up. It's unfair. I wish people would behave more reasonably. Ask your MP to get the law changed.

 

You must also pester the top dog of the company who has registered the default to act reasonably. Might this be Studio? Good luck trying to bash reason into them.

 

My son is about to start school in a country I don't want to be in due to a similar (but illegal) action. I know how you're feeling. And then some.

 

One day, if the government continues to ignore this, some nutter may well start shooting...

 

There's no excuse.

 

Good luck.

[NAC]

Thanks for the reply, seems not way out but going to give a try.

I am going to write them back stating that I have not received the default warning letter from them (whatever their system says doesnt matter to me), therefore it is illegal.

Let see will keep updated here.

 

Any legal advise from expertise over here would be much appreciated.

Thanks and regards

NAC

[reallymadwoman]

As I said above, receipt of the warning letter and the default on your credit file are unrelated.

A 'default' as defined in the Consumer Credit Act requires the creditor to take specific steps before they can recover any amount outstanding. This is not the same as a 'default' registered on your credit file which is usually placed there after 3 or 4 missed payments and has no relationship to the action, if any, being taken to recover the money. Think of them as a CCA default and a CRA default - they are completely different.

I know you don't want to hear this, but Studio have behaved absolutely correctly. Though unintentional you failed to tell them of a change of address and missed some payments, they have recorded the information accurately on your credit file.

Unless it was a huge amount or there are other not so good things on your credit file I'd be surprised if it stopped everyone from giving you a mortgage now that it's paid in full. Can you ask the CRA's to put an explanatory note that it was an unintentional oversight during a relationship breakdown?

[NAC]

Hello Reallymadwoman,

 

The amount was £435.00 only (as I mentioned earlier - as soon as I received the letter in my new address I payed in full and settled the account).

My credit file is excellent apart from this Studio default, No miss-payment, no overdraft, I hardly use credit card.

Full time working - x amount goes in and x amount goes out, thats it.

I already wrote to CRA to put note against the default account (Studio), which they already did.

Since then I have not applied for mortgage - yes I did spoke to them and explained the situation and they advised me to wait at least 4 to 6 months and then apply again.

The question is after 4 to 6 months what is the gaurantee I will get mortgage.

This is the right time for me to buy a house and that too seen near my daughter's school.

 

I do understand they (Studio) are right in doing so, on other hand it is not fair too (will stay in record for 6 years).

Thanks for the reply.

NAC

[Durkin]

It's a popular misconception that a "Notice of Correction" helps a credit file with a default on it. It is held even by the UK's top politicians and judiciary. They don't have defaults and have never experienced the damage it causes. The notice of correction makes no difference.

 

Once the default drops off, the notice of correction should be removed too. If anything it flags up the individual as a "problem".

 

Sadly, a settled default for an amount as small as 7 GBP will stop you getting a mortgage! (One of the Guardian's editors, I think it was had exactly that problem earlier in the year). I've been trying to motivate my MP to do something for years. Still nothing.

 

Studio management have at their discretion the power to remove the default. They should do so. Eventually, the chap at the Guardian was successful but it seemed a complete ball ache. It shouldn't be.

 

Good luck.

Edited August 3, 2011 by Durkin
Spelling

[NAC]

Hello Durkin,

Do you have any set format (speciment Letter) to write to the MP regarding this issue.

I also would like to write to my MP to do something about this issue.

Your help will be highly appreciated.

Thanks and regards

NAC

[Durkin]

You should be able to e-mail your MP. Just "google" their contact details and direct them to this page (or copy and paste the info from it).

 

Once you've fired off an e-mail, you should get a human(ish) response. If not, phone the surgery and go and arrange a face to face appointment.

 

You could also do me a favour and get them to motivate Frank Doran a little (mp MP) - Here's the link that I'm trying to encourage him to help with:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?297131-Legislate-against-banks-defaulting-disputed-accounts

 

Cheers,

 

Richard.

[liquidauctions]

Read plenty of thread over here, I beleive there is someone out here can help me out.

 

Story in short

My wife opened Studio account on my Name in 2006 for purchasing Christmas Gifts. (I was aware of this). Was paid regularly since then.

In February 2010 we got separated (now I am living in separate address rented). Managed to sort out all the financial accounts but somehow Studio Account was overlooked by my self.

In July 2010 I received a letter in my new address from a debt collector of Studio regarding miss-payment. Immediately I paid in full and settled the account.

Now went for mortgage happily and was advised to get a credit report. Got it and found there is a default notice against Studio account.

Followed the instruction/examples/ procedures mentioned on sticky notes over here to remove the default notice.

First letter wrote them very polite, explaining the situation and requested them to remove the default notice as a good will gesture.

They replied with a bit rude letter stating that this is your true reflection of your account with us, therefore will not be removed.

So followed the sticky note example (letter 1).

 

Got reply (below)

 

Your Ref XXXXXX

Our Ref XXX

28th July 2011

Mr Xxxx Xxxx Xxxxxxxx

Dear Mr Xxxxx

Thank you for your recent letter, which has been forwarded to my attention.

In order to obtain a copy of your credit agreement, please forward the statutory fee of £1.00 (I did not sent this so will do with my next letter).

With reference to your request for a copy of the default notice, default notices are produced by our computer systems and we do not retain copies of them. We are not legally obliged to retain a copy of the default notice, or to supply you with a copy of it. We are only required to retain a record of when it was sent, 3rd June 2010. A sample can be provided if required.

There is no deed of assignment as Studio still owns the debt.

Assuring you of our best attention at all times.

Yours Sincerely

Xxxxxx

Customer Liaison Advisor

 

What should I write back to them? I will be sending £1.00 for credit agreement.

Your advise, guidance and help will be highly appreciated.

 

I want to buy a house near my daughter’s school (she is 5 years old) and stuck in this Default Notice system.

 

If all else fails try the surlybonds method. Search CAG for it

[NAC]

Studio refused to remove the Default Notice, stating that is the true reflection of your account with us and now closed.

Also they refuse to give me the deeds agreement saying as the account is closed so we are not liable anymore to send the deed agreement.

 

Any idea how to lodge a complain to Fair Trading and theInformation Comminssioner.

 

Thanks and regards

NAC

[NAC]

These papers received by them as DSAR after two reminders.

No Agreement papers.

Please advise my next step, I am desperate to remove the default else I am stuck for 6 years.

Your help will be highly appreciated.

 

1. Order Information

2. Account History

3. Account History Notes

4. Address Details

5. Address Details Notes

6. Account Log

7. Account Log Notes

8. Telephone Number

9. Telephone Number Notes

10. Last Status Update

11. Last Status Update Notes

12. Date of Birth Update

13. Date of Birth Notes

14. Payment Protection Screen

15. Payment Protection Screen Notes

16. Account Arrears Activity

17. Account Arrears Activity Notes

18. Application Information Screen

19. Application Information Notes

20. Additional Application Information

21. Additional Application Information Notes

 

 

Thanks and regards.

NAC