Incorrect duplicate defaults annihilating credit score -Help please

[Ballou02]

Hi everyone,

I originally posted this in the wrong forum but I really hope someone here can help me sort out this situation.

I ordered a wii remote from Studio 24 in November 2007. They advised the item was no longer i stock but I could not cancell the order and would have to return it when it arrived. I purchased one form ebay and duly returned the item to Studio 24 when it arrived in 2008 via recorded delivery. Years passed and then sometime in 2012 I started getting calls and threatening letters from Mackenzie Hall for the debt. I phoned twice and advised that I had returned the item, however they wanted proof of delivery, which obviously i dont have years later. I ignored their letters and calls and texts.

I applied for a credit card with Royal Bank of Scotland online on 6th May 2013 but was refused and advised to check my credit rating which I did on 19th May 2013. Imagine my surprise at seeing two defaults - one from Mackenzie Hall (default date Dec 2012) and one from Studio 24 (default date August 2008). I contacted studio 24 who confirmed that they had received my returned item in 2008 and that I owed nothing and they agreed they would sort the situation out. Another website advised that I was due some compensation because of this and helped me craft a letter to Studio 24 and Mackenzie Hall asking them to remove the defaults and provide me with compensation amounting to £1000 for each default £500 for distress and time and an extra £1500 from Studio for not removing the default when they sold the disputed debt to Mackenzie Hall ( defaults by both companies showed on Experian, noddle, callcredit and equifax reports on 19th May). I emailed both companies the letter on 19th May and sent the letter recorded delivery the next day. A few days later I sent a copy of the letter to Callcredit , equifax and Experian and requested that at least one default be removed as you cant have two defaults for the same debt and requesting that a notice of correction be placed on my file.

Mackenzie Hall sent a letter on 23rd May advising that my account was on hold whilst they made enquries and that they could not give a precise date regarding when the situation would be resolved. I recieved an email from Studio 24 a few days afer just confirming receipt of my email.

Today I have checked my credit ratings agian. Sadly when I searched my credit ratings initially I had taken advantage of he 30 days free trial but cancelled this as soon as I could see that the defaults were present. When I tried to view again today I had to pay (excpet for Noddle of course). Noddle still shows defaults, Experion allowed me to access previous reports so I could prove both defaults, Equifax wont allow me to look at previous credit reports but as of today Mackenzie Hall's default still shows but all mention of Studio24 has been removed. When I rang them to see how i could get the information proving that I had had a default on my file it took ages to get them to understand that I wanted to evidence the previous default andeventualy they advised they wouldraise a query and this would beresponded to within 48 hours. I requested a hardcopy of my file for £2 from callcredit which I received today and whlst the default from Mackenzie Hall still shows, the default from Studio has gone but it shows that they still consider that I owe them money when I dont.


Other than those defaults and one late payment (which must be incorrect as I pay by direct debit) my credit rating was very good and 5 stars, now my credit rating has been annihilted as its one star. I cant take advantage of an interest free credit , I darent aply for others as I am sure I will also be declined and am having to use my overdraft facility at a cost.

What do I do next?

Thanks for reading

[Ballou02]

Re: Incorrect duplicate defaults annihilating credit score -Help please

Hello again.
Please, please provide some advice.
Shall I send a SAR and a CCA request given the inaction?

My credit rating in recorded as poor due to all this nonsense and I cant take advantage of an interest free credit card as Im used to. The defamatory remarks are really affecting my creidit scare and the defaults are completely incorrect

[Ballou02]

Re: Incorrect duplicate defaults annihilating credit score -Help please

Have just seen from My noddle account that leads me to believe that defaults are entirely made up of some charges...my account was credited when I returned the item. I read somewhere that ICO guidelines dont approve of a default in such a situation. Do I tell the companies this in my letter with the SAR and CCA request or keep quiet for a bit? I'm not very good at politics.

Im a relatively smart person but understanding all this is like trying to complete a jigsaw puzzles when none of the pieces have edges or corners. A little assistance from anyone pretty please

[Nibbler]

Re: Incorrect duplicate defaults annihilating credit score -Help please

Complain in writing/email to MH that they have incorrectly entered a duplicate default, with a clearly inaccurate recent default date, on a disputed debt that the original creditor has confirmed did not exist or default. Tell them that unless they remove it ASAP, you will take the matter to the ICO and FOS.

Same goes for Studio 24, except it's just the presence of that original default or money still owed that you are disputing.

At this stage it also may be worth pre-emptively contacting the FOS.

http://www.financial-ombudsman.org.u...complaints.htm

As it says there, they can often write to them on your behalf at this early stage. A letter from the FOS may get things moving, where you have been ignored so far.

[Ballou02]

Re: Incorrect duplicate defaults annihilating credit score -Help please

Thank you very much Nibbler for the advice. I shall contact FOS and ICO. I posted a CCA and SAR request to both companies this morning. Muck Hill aare 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

I've also examined my noddle account more thoroughly and it would appear that despite being told I owed no debt on 19th May 2013 by the original creditor, the defaults by both companies relate to some sort of charges. I returned the ordered item which is clearly documented on my credit file. I've read that its againt ICO guidance to place a default when it is made up entirely of charges. Naughty naughty Much Hall and Studio!

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

[Ballou02]

Re: Incorrect duplicate defaults annihilating credit score -Help please

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 defualt 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 there for 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'd welcome any comments

[Ballou02]

Re: Incorrect duplicate defaults annihilating credit score -Help please

Hi guys,

I'd really appreciate some advice on my sitiation as summarised in my initial post in light of the Supreme Courts recent decision re Durkin.


Since my last post I did make SAR and CCA requests to both 24Studio and Mackenzie Hall. Mackenzie Hall returned my cheques and did not supply the information. 24 Studio cashed my chequed then wrote to say they would refund the money, which I asked told not to as I wanted the information, and in the end they neither refunded the money nor supplied the information. Both companies have apologised and withdrawn the defaults but provided no compensation. I have raised the issue of the defaults and the fact that neither company provided me with the information requested with FOS who are currently deciding on the case. I am aware that I cant start any potential proceedings for damages until after the FOS decision even though I have already sent an LBA but wanted to know your thoughts.

Interestingly since the defaults have been removed I have been acepted by two companies for 0% credit cards for significant amounts and timescales.

Thanks in advance.

[Celestine]

Re: Incorrect duplicate defaults annihilating credit score -Help please

Good to hear your credit file has been restored.

Yes, since the Durkin judgment, doors have definitely opened with reference to damages claims for just such circumstances as yours.

Also, both companies have seriously breached the DPA by non compliance with your SARS.

Regardless of the FOS complaint, the ICO should be notified of these breaches. you could even consider court action to force them to comply with your SARS?

With regard to commencing litigation on the DPA damages. don't rush in. Do your research. I'll ask my colleague Paul Tilley, who's working with Andrew Smith QC (Durkins QC) on a case, to look at this thread and comment further on your options.

[Ballou02]

Re: Incorrect duplicate defaults annihilating credit score -Help please

Thank you very much Celestine. I could do with some advice! After much reading of the recent discussions on the main Durkin thread and appreciating a claim could be had under DPA also posible, parts of my brain started to cry!! decided I needed to get hold of some flip chart paper and coloured to pens so that I could draw a spider diagram to help me make sense of it all.


I did report it to ICO I believe and they brushed me off. Will have to look at my emails to check that my recollection is correct. I seem to have written so many comlaint letters that I can quite remember who I have complained to and who I havent!!