Chased for a debt I dont owe, Studio

[BRIGADIER2JCS]

Noddle is using 2nd hand data handed down by Call Credit and is not reliable.

 

The 40 day statement is nonsense, 12 + 2 Working days for a CCA request, so account in dispute formally.

 

They are not at liberty to change the time scale!!

[Blinkin73]

You know that, and I know that. and Im pretty sure they know that.

But if nothing else it highlights how inept they are.

 

Muck Hill are still pretending that Studio are clients even though I've let them know that I have a letter they sent me in March 2012 stating that they now owned my debt.

They cant have it both ways.

 

I've lost count of the nmber of breaches of gevernment guidance they and Studio have committed.

 

Will have to concentrate hard to ensure that I cover all the points when I make my complaints to FOS OFT and ICO.

Though I dont expect them to do much about anything. Government agencies never do.

 

I forgot to mention that I got an email today from Studio saying that they will be in contact with me in the next seven days.

I hope I hear sooner as that will bring them past the 12 days for responding to my CCA request aswell.

 

Im presuming that I will need to go to small claims court for this.

 

Can I treat each firm as a seperate claim or are they jointly/severly liable?

[BRIGADIER2JCS]

Looking a possibility for court at present!

[Blinkin73]

Preperation and planning is key you should know that being a Brigadier .

 

I dont imagine that I will hear anything much within the next 14 days so might as well spend my spare time preparing a letter before action to the pair of them. Any reason not to?

[BRIGADIER2JCS]

Let me know if you need help on the LBA I've written dozens of the bu**ers!

[Blinkin73]

Thanks Brig.

 

Might not start that letter just yet as I've just realised that I am putting off writing an essay for uni. You'd think after doing my job for 15 years I wouldnt need to now get a certificate to say that I can. Oh well such is progress.

 

Will give you a shout if I need further help. For now I need to SAR all three CRA's and write to the bank that refused my online application to get their reasons.

 

Do you or anyone know the answer to this question. If you dont actually own the debt can you place a default notice in respect of it with CRA's?

 

Also is Muck Hall still in trouble with OFT?

[dx100uk]

only the owner can mark a cra file.

 

so they are not shown as the owner on the cra file?

 

sri bit busy catching up

 

dx

[Blinkin73]

No worries Dx.....its just Muck Hill trying to distance themselves from the whole thing by referring to an imaginary "client" thats confusing me. In their most recent letter, unlike the initial response they gave me, they have gone to great lenghts to call themselves "Pursuers" as distinguished from what they call the "Original Credior", Studio.

 

Thanks for clearing that up.

 

Whats happening re the Durkin Appeal btw?

[Blinkin73]

Hello again, since the last time I posted, when Muck Hill reurned my cheque for £1 for a copy of my CA and advsed that if it did not hear from Studio wthin 40 days they would close my "account" and Studio had kept very quiet save for saying they would be in contact wthin 7 days, a little but not a lot has happened in response to my emails to both Studio and Muck Hill advising of the reasons why their defaults were wrongful and that I would initiate proceedings if my rrequests for removal of the default and damages were not met within 14 days

 

Due to my complaints to Experian, Experain contacted both companies and Muck Hill sent the same letter to them that they sent to me ie waiting for information from client....close account if nothng heard wthin 40 days. There is no more than they can do. At least they did something. I've heard nothing from Callcredit and Noddle or Equifax.

 

I got an email from Studio forwarding thier complaints procedure ( I shall try really not to comment on the fact that their procedures state that they aim to deal with complaints within 8 weeks, yet it took 5 weeks to send me the complaints procedure ).

 

Yesterday I got a letter from Studio

 

Dear ********

 

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

 

I am most concerned to learn of the problems you have experienced and assure you that complaints of this nature are taken very seriously.

 

Having investgated the matter further, I can confirm that your records have been deleted from our credit reference agencies; therefore I have arranged for your payment of £11.00 to be refunded to you. This will be sent under seperate cover.

 

Please accept my most sincere apologes for any inconvenience that this has caused as a result of this matter and I assure you that the service you have received has not been to the usual standard that we aim to provided.

 

******* Customer Liaison advisor - Directors office.

 

 

Thinking about writing back thanking them for confirming the removal of the defaults but reminding them that it was not just mere inconvenience that I experienced but damage to my reputation resulting in monetary loss, and that as they have not responded to my request for compensation, I still require a copy of my credit agreement as well as my SAR request being fulfilled as I intend to use the documents in court to substantiate my claim for damages and that the timescales for providing a copy of my CA has already elapsed but I expecting my SAR request to be processed within statutory guidelines.

[BRIGADIER2JCS]

If you laid down in an LBA the actions required to prevent court action, and these conditions have not been met the next course of action is to issue a claim.

[Blinkin73]

Hi Brig,

 

in my last email to both firms two weeks ago I made the tactical error of saying that if they did not meet the conditions I laid out within 14 days the next they would hear from me would be a lba. So now im going to seek out a few lba's to guide me in writing mine.

 

At least I got an admission of guilt from Studio in writing which is a good thing

[Blinkin73]

How does this sound?

 

Dear Sir/Madam

Letter before Action

Muck Hill ref

24 Studio ref

 

I have written to you since the 20th May 2013 in respect of a wrongful default you both placed with credit references agencies. This action resulted in my perceived credit worthiness being annihalted. I was refused a credit card application which caused embarrassment and distress and I have incurred costs because of this. I requested that you remove the defaults and compensate me for the harm I suffered. Whilst 24 Studio has advised that all records have been removed from credit reference agencies, no compensation was offered. Mackenzie Hall have yet to remove the default or offer any compensation.

 

If I do not have confirmation in writing from both companies that all defamatory data has been removed and ******************* within 14 days of this letter then I shall begin proceedings in the county court to recover the money plus interest and also the court fee and without any further notice to you.

Please note that I am also sending a letter of complaint to the OTF, FOS and ICO

 

Yours faithfully

The reason for the stars is that I am confused in respect of the monetary amount I am requesting. In the letter constructed by Brig I ask for £1000 per default entry on the CRAs, £500 for time and ezpense and £1500 for the dual default. Now that the limit I can ask for in the UK is £10000, am I asking each company to give £1000 per entry ( equifax + callcredit + experian = £3000 from each firm) as well as an extra £1500 from Studio for the double default and £500 from each for time and expenses. Or am asking for £8000 as per Durkin, Kpohraror. Or something else given that I am now paying £6 a month for an overdraft facility and interest when I wouldnt have been?

[BRIGADIER2JCS]

The 8K total would be my recommendation.

[Blinkin73]

Thanks Brig. Am I asking them to pay £4000 or £8000 each? Can I call this letter a LBA given that I havent been very clear with them what I want in the past (well I guess thats what they might argue if I go to court?

[BRIGADIER2JCS]

A total of 8K it is my opinion that are jointly and severally liable 4K each.

[Blinkin73]

Thanks once again Brig,

 

So here is my letter. Any thoughts from anyone before I email later this evening and post it recorded delivery tomorrow?

 

Dear Sir/Madam

letter before action

Muck Hill ref

24 Studio ref

 

I have written to you since the 20th May 2013 in respect of a wrongful default you both placed with credit references agencies. This action resulted in my perceived credit worthiness being annihalted. I was refused a credit card application which caused embarrassment and distress and I have incurred costs because of this. I requested that you remove the defaults and compensate me for the harm I suffered. Whilst 24 Studio has advised that all records have been removed from credit reference agencies, no compensation was offered. Mackenzie Hall have yet to remove the default or offer any compensation.

 

If I do not have confirmation in writing from both companies that all defamatory data has been removed and receive £4000 from both 24 Studio and Mackenzie Hall, who are jointly and severally liable for the damage to my creditworthiness, within 14 days of this letter then I shall begin proceedings in the county court to recover the money plus interest and also the court fee and without any further notice to you.

Please note that I am also sending a letter of complaint to the OTF, fos and ICO

 

Yours faithfully

[BRIGADIER2JCS]

That's OK, but just one suggestion break down the way the amounts are arrived at to clarify it for them.

[Blinkin73]

Thank you so much for your input Brig, but I dont understand where the £1000 per default originally comes from. Maybe during my speed reading I've missed that, but when I read Durkin he advocates asking the court to decide the amount awarded as per his case. I havent read the other cases such as Kpohraror and King v Linen yet so I've probably missed something.

 

If I write that I would like £3000 from each company for each wrongful default entry, an exra £1500 from Studio for the extra lenght of time if was on my record and causing it to be duplicated and £250 each for time and costs, is that what you mean

[BRIGADIER2JCS]

Exactly!!

[Blinkin73]

Sorry for sounding stupid, but I dont understand why I am being so specific about how I derived this figure when if it goes to County court I will be asking for the court to determine an award of damages based on Durkin, King etc which awarded £8000 general damages for general loss of credit, not per entry or length of time etc

[BRIGADIER2JCS]

A letter before action lays down exactly what you require them to do to prevent you taking the matter to court, thus avoiding costs and taking up court time.

[Blinkin73]

Ok, I see, Will do. Thank you

[Blinkin73]

Hello all,

 

The saga continues though I have made some headway.

 

If you recall I found out that 24studio and Mackenzie hall had both

individually placed a duplicated default notice on my dredit file for a debt I did owe

which I found out about after applying for a credit card

and getting turned down and then looking at my creidt file.

 

Both companies have now withdrawn the default

 

however they have refused to pay any compensation and did not respond to my SAR requests

and CCA requests despite banking the cheques I sent.

 

Mackenzie hall did return my cheque for the CCA request though.

 

I sent a Letter before action last year and also reported them to the Financial Ombudsman

who is currently dealing with the complaint though I dont hold out much hope

given the way they have responded thus far.

 

Firstly I was advised by the FOS that they could not investigate if I was proceeding with my court application

so I agreed to stall that.

 

Then they advised that they would not be able to order compensation as per Durkin which i knew,

 

and most recently they tried to justify why neither company responded to my information requests

 

(" the information is old"), suggest I take that complaint up with ICO

(I did and ICO said go to FOS)

and they have asked why I am raising the fact that both Studio lodged the default in 2008

whilst Mackenzie hall logged the default in 2012).

 

I seem to be getting nowhere fast.