Mis-sold a store card - do i have a leg to stand on?

[PlanB]

Re: Mis-sold a store card - do i have a leg to stand on?

i'm worried about this as i am now applying for a job with the Home Office, which i cannot be considered for with this on my Credit Report. I am sickened by the whole affair

Home Office background checks are very stringent. I believe a CCJ would matter but not necessarily a Default on your CRA file depending on what level of job you are seeking. If you moved to Italy for work and were unaware of all the negative activity on your account you could try to use that as an alibi to have a Notice of Correction applied to your credit file. Obviously it would look better if you said that the matter was resolved and the current creditor places a *Settled* marker on your account. Here's some information about NOCs:

http://www.experian.co.uk/consumer/faq/AR5.html

You may not be able to get the Default removed because sadly it does reflect the truth. If a job at the Home Office is paramount to you then I would look to coming to some sort of arrangement with the creditor allowing for the removal of as many of those charges as possible.

[wales01man]

Re: Mis-sold a store card - do i have a leg to stand on?

What an attitude hope you lose and don't get the job ,I was asking a serious question.
See we can both be Aholes

[iolanthe]

Re: Mis-sold a store card - do i have a leg to stand on?

That's not a very nice thing to wish for. Anyway, the answer to your original question was in an earlier post where i put "the ... monthly charges were Direct Debit payments which escaped my notice (i was flush at the time and didn't check my statements) until i went to live and work abroad, at which point i immediately cancelled the D/D and went, thinking i'd paid.."

So i'm not an A-hole as you put it mate. I'm a pillock for letting this slip through the net. It's a long time ago.

[PlanB]

Re: Mis-sold a store card - do i have a leg to stand on?

So i'm not an A-hole as you put it mate. I'm a pillock for letting this slip through the net.

Gentleman please, there are Ladies present :lalala:

[PlanB]

Re: Mis-sold a store card - do i have a leg to stand on?

I now have one DCA after another chasing me for another 500 odd quid

Which is the current DCA chasing you? Some are more easy to deal with than others. Santander tend to use Lewis Debt Services who are very quick to issue court summons using their in-house litigation clerks under the name of Howard Cohen.

[PlanB]

Re: Mis-sold a store card - do i have a leg to stand on?

The official default date according to my credit report is 14/1/09. Payments were stopped "by originator request" on 8/5/08.

If you cancelled your D/D in May 2008 then the creditor should have defaulted you within 3 - 6 months (max) of that date as per OFT Guidelines since you would have breached your contract at that point. If they had done that then your whole file would vanish from the CRAs next year (6 years from the Default date) whether you've paid the balance or not instead of 2015 due to the 2009 registration. You may be able to raise this issue to get that default date adjusted.

Sometimes lenders will agree to remove a Default from your CRA files as part of any Full & Final Settlement negotiation. They're not obliged to though. However the CRAs have to remove it if they're told to by the creditor since they are simply a 'library' of information not the account decision makers.

[Amethyst]

Re: Mis-sold a store card - do i have a leg to stand on?

I think a prove it letter should be sent to the current DCA chasing, and a full SAR sent to debenhams, along with a request for a full transaction list/statement of account since inception.

The DD must have been set up at somepoint, possibly the increasing debt came to the OP's attention (I'm not sure if it was 16 months or 4 months after the purchase) and a repayment vehicle put in play by DD.

And no, there is no need for sniping at all. I've had DD's going out my account for years also without really thinking what they were for - just something you do when you aren't watching every penny (and it usually comes back to bite you on the bum like this one has)

[PlanB]

Re: Mis-sold a store card - do i have a leg to stand on?

I've had DD's going out my account for years also without really thinking what they were for

Shoes probably msl:

[iolanthe]

Re: Mis-sold a store card - do i have a leg to stand on?

That's spot-on, thanks a lot.

[iolanthe]

Re: Mis-sold a store card - do i have a leg to stand on?

That's great insight and really helpful, thanks a lot.

I've now sent a prove it letter (does anyone have experience of how often these DCAs can deliver on these requests? Obviously, i hope they can't prove it!)

Didn't know the bit about the 3-6 month default rule. I shall send an SAR to Debenhams too. The last time i spoke to them about it though - years ago - they said it was nothing to do with them now. But i'll try.

[iolanthe]

Re: Mis-sold a store card - do i have a leg to stand on?

Aktiv Kapital. I've had all sorts. So far, none have persisted beyond one letter except for Mackenzie Hall who were quite aggressive but soon sold it on. I've never replied. Think i'll stick my head above the turret and send a "prove it". What do you reckon, any ideas on Aktiv Kap?
Thanks for your input.

[PlanB]

Re: Mis-sold a store card - do i have a leg to stand on?

how often these DCAs can deliver on these requests?

Name the DCA please

[PlanB]

Re: Mis-sold a store card - do i have a leg to stand on?

Aktiv Kapital. I've had all sorts. So far, none have persisted beyond one letter except for Mackenzie Hall who were quite aggressive but soon sold it on. I've never replied. Think i'll stick my head above the turret and send a "prove it". What do you reckon, any ideas on Aktiv Kap.

Our posts crossed. Never mind about my ideas on Aktiv Kapital because the OFT had their own ideas on them when they sanctioned AK for treating debtors of disputed debts unfairly. Beware AK like to issue Statutory Demands if they know you are a home-owner (are you?). I don't want to scare you but forewarned is forearmed. Read about the OFT sanctions here:

http://www.oft.gov.uk/news-and-updat...1#.Ulx1pKtwZjo

[iolanthe]

Re: Mis-sold a store card - do i have a leg to stand on?

Great. I'm not a home owner. Think i'll send the "prove it" letter and write to Debenhams, the scum-bags.
Thanks again again again.