Chased for a debt I dont owe, Studio

[BRIGADIER2JCS]

No, no mini balance, but I did check my balance.

 

I've a few hundred quid to spare on my overdraft.

 

I've been given a £3000 overdraft facility for yonks.

 

I've used it recently whilst awaiting compention for a non fault car crash which wrote off my car so had to buy a new second hand one for work.

 

I applied for a interest free credit card to transfer my overdraft to, but was turned down, which led me to look at my credit rating in hte first place.

 

My brother has given me some tea bags and sugar, which solves my immediate emergency,

and very kindly offered to lend me enough money to pay all my bills etc for June month but If its not all sorted out by then Im stuffed.

 

This sought of thing really shouldnt be allowed to happen.

 

Ive got 14 years of very good credit blown o bits by an innacurate reporting of a debt for £67. Its outrageous!!

 

Thank you for replying so quickly.

 

Contact your bank asap, if not resolved today, would be happy to draft a complaint for you.

[Blinkin73]

Hi all,

 

It appears my difficulty withdrawing money wa due to a refund no going srainght in and an unwanted automatic renewal of virus protection! Is all sorted now. Thanks for the kind offer of a complaint letter though Brig.

 

I've heard nothing more from Muck Hill. I've had an email from Studio 24 confirming receipt of my email, nothing else, and a letter from Equifax advising that they are looking into the issues I have raised regarding my credi file. Ive heard nothing from Experian or Callcrdit check.

 

What do I do now?

[Blinkin73]

Hey Brig, your message box is too full! I just received a rather cryptic message from you. After messaging ou askng what I should do next, you siad you'd have a look at my newest post, I replied thank you, and then received a message saying I could come to you if I needed further help. Possibly the site is playing up again and a post or message you sent went missing in action??!

 

Anyway Id be grateful to have advice as to my next steps or am I being impatient and should wait a bit longer for a response from Studio24 and Muck Hall

[BRIGADIER2JCS]

Hi Blinkin,

 

In box clear, I'm only around for a short time today so will look in now.

[BRIGADIER2JCS]

Yes PMs have been playing up for a couple of days.

Inquires to the CRA take around 14 days + as they will contact the creditor that placed the entries.

So I'm afraid it is a waiting game for now.

 

Let me know when you do hear please!

[Blinkin73]

Thanks for the reply Brig.

 

I guess my issue is that I have heard nothing from Muck hill nor studio 24 despite giving them 14 days to respond and 4 weeks (on monday) having elapsed. Feel I should be doing something so they dont think I have forgotten or am letting the issue go.

 

Today I got a hard copy of my callcredit credit file which I paid £2 for but its changed since i looked on 19/05/2013.

 

Muck Hill's default still shows but Studio 24 have downgraded the default and the account just shows that I owe £67. I dont owe a thing though.

 

If I pay to join online does anyone know if it allows you to look at earlier searches so that I can prove the default from Studio was there?

( I couldnt afford to buy ink for my printer last month!).

Surely its wrong that the debt that I dont owe is still effecively duplicated ?

 

Noddle shows both defaults though

 

I paid for an experian report and that still shows both defaults

 

Experian now shows that I have a default from Muck Hall and all rcord of studio 24 has been eradicated.

 

On 19/05/2013 it showed a default from studio 24 also and though there is a record of me undertaking a search on 19/05/2013

I cant seem to access that search to demonstrate that there was a default (as you can do with Experion).

 

Also shall I write to the credit card company that I made an online application to and was declined in May 2013 for their reasons for declining? Anyone know the address?

 

Thanks for your help in this matter

[BRIGADIER2JCS]

Good morning Blinkin,

 

I have to shoot off for a while, but I'll draft a letter for you to send to MH later.

[Blinkin73]

Hi anyone,

 

Shall I send a SAR and CCA request? This might help them collate the necessary information to identify that I dont owe a bean to either of them.

 

Thanks

[dx100uk]

could be a good idea

 

you never know

you might have charges and ppi

 

that should sort it!

 

dx

[Blinkin73]

Thank Dx100,

 

Ive been studying the paper work I have and noted a couple of things

1. Muck Hill's info on my credit file notes that the default was since 31/12/2011 but they only starting sending me letters in 2012 advising that they now owned the debt. I hav no default notice from them

2. Studio's registration shows that i orignally owed £39 and that this went up to £107 then down to £67. This suggests that the default is for £67 charges. Is this strange?

[dx100uk]

you need the hard evidence

 

get those docs off

 

dx

[Blinkin73]

Already in the process of writing my letters and cheques right now.

 

Can I ask about the compensation of £1000 per entry....is that a statutory amount or via case law?

[dx100uk]

there have been several court examples

 

type in durkin v mbna

 

in a search engine

 

dx

[Blinkin73]

just read that the ICO guidelines are that a default should not be placed when the amount constitutes charges only. Ummm, someones being very naughty! Shall I inform Muck Hall and Studio of this asap?

 

Read Durkin, its says around £8000 for damage to creditworthiness...lot so debate around whether its applicable given that its Scottish and as I understand we are still awaiting a decision in the Supreme Court.

[dx100uk]

I would gather the evidence first.

 

dx

[Blinkin73]

Thanks Dx100

I already have hard evidence..

 

.the orginal letter from Muck Hall advising me that they now own the debt and my noddle report which records Studio's monthly balance.

 

Last updated by them in April 2013.

 

I am keen resolve this as my credit rating is crap and Im scared my bank and credit card provider will call in my overdraft and debt.

 

I dont want to have to ait 40 days if I can help it

[BRIGADIER2JCS]

As dx says I think a SAR is a good move now.

[Blinkin73]

I posted a CCA and SAR request to both companies this morning. Muck Hill are stalling for time pretending they are awaiting a response from their client. However I have a letter from them stating that the debt was asigned to them and they own it

 

Im going to write to FOS and ICO at the end of the week complaining about the lack of response.

 

I need to get hold of the Bank of Scotland to get written confirmation as to why my online credit card application was rejected in May 2013. Is there a statutory provision for this? Do I have to pay for htis information? Which department should I write to?

 

Thanks in advance for any advice/comments

[BRIGADIER2JCS]

SAR to BOS is the way to get all the data.

IF the studio entry was the only adverse entry, it will have had a serious impact, the Data Controller is the best approach route.

[Blinkin73]

Thanks for the reply Brig If one incorrect default from Studio had a serious impact, the other recently added default from Muck Hill makes me a finacial leper

[BRIGADIER2JCS]

This is the problem Blinkin the more problems the effect is more than their sum when it comes to credit worthiness.

 

Get the SAR off asap.

[Blinkin73]

Well experian has been the only CRA to formally contact me.

 

They advised today that my account with studio now appears on my report as settled.

The defaults from Studio have disappeared from all CRA's except noodle

which I have no doubt will show that the Studio account is settled when I can get a new report in 6 days time.

 

I shall await the info from the CCA and SAR requests to both Muck Hill and studio,

when I will be able to show categorically that the default placed by Muck Hill is for charges only

and therefore should not according to ICO be used for default purposes

 

Interestingly

I read a bits from the guidance on distance selling by the office of fair trading para 3.17-3.19.

It seems that if goods are not provided within 30 days any credit agreement associated with purchase is automatically cancelled.

 

The circumstances are that I ordered the wii remote on 17th November 2007 (proved by an email).

At the time of ordering the studio website advised that it was in stock.

I cant remember how but I then was advised that it was not in stock and they couldnt not say when it would be in stock again.

 

I phoned to try and cancel the order but was told I could not (liars!) and that I had to wait until I recieved the item and then had to return it.

The item did not arrive until the end of January 2008.

 

Over 30 days...so no credit agreement in force as it was automatically cancelled therefor no charges can be applied

and there is no implied agreement for my private information to be passed to others.

 

I tried to log into my Studio account last night.

I am no longer recognised by their system.

Hmmmm.

I dont exist to them as confirmed by the recent equifax report that recorded no details of any account ever with Studio.

[Blinkin73]

Ummm... another naughty.....Studio originally defaulted me on 03/08/2008 Muck Hill have placed the default date as 31/12/11 (and a happy new year to you too!.)

 

Feel the need to inform Muck Hill and credit agencies of this error right now,

it should appear on my SAR requests (will SAR the CRA's next week). Is that ok?

Edited June 13, 2013 by Blinkin73

[BRIGADIER2JCS]

Yes this is bad, first place notices of dispute on the CRA files.

 

If you wish I will draft a letter to MH for you.

[Blinkin73]

Well Im slowly making some sort of progress as well as accumulating a wealth of knowledge.

 

I contacted Experian. Equifax and CallCredit re a notice of Correction. When I retrned home from work I had a letter from Experian stating that it was investigating my complaints and that it had put up its own notice of correction on my file. I cant check with Equifax who strike me as a bunch of idiots, as I cant seem to sign into my account with them and despite contacting them via email about this problem they have just sent me an email which tell me to either phone or email them?!!! Bunch of amateurs if you ask me. I dont have an account with callcredit in order to check if my account is updated with a notice of correction yet.

 

However I was intrigued by the fact that my noddle account still showed both defaults yet no notice of correction so I emailed them yesterday about the whole affair.

 

I emailed Experian again regarding the incorrect disputed default date and they have now allocated me my own reference number, referred me to their credit report specialists and advice that they aim to respond to this query within two weeks.

 

Yesterday I got a little annoyed at having heard nothing meaningful from either 24 Studio or Mackenzie Hall so I emailed them in respect of the wrong default date, the "debt" consituting charges fees only and that the credit agreement was automatically cancelled when the item I ordered was not rcieved by me until well over 30 days. I stated that if they did not satisfay the requests clearly expressed in my letter dated 20th May within the next forteen days the next communication they would receive from me would be a letter before action.

 

Today I have recieved a letter from Mackenzie Hall, returning my cheque for £1 re my CCA request and advisng that they have contacted Express Gifts Ltd for a copy of my credit agreement and statement of account and that if they dont hear back from them within 40 days they will close my file and return it to them. I then emailed Experian my concerns regarding the default notice amount being soley made of up charges/fees and that the credit agreement between myself and Studio was cancelled when my goods failed to arrive within 30 days

 

Phew!