Default Removal - Help Pls. from STUDIO

[Nibbler]

Re: Default Removal - Help Pls. from STUDIO

I believe that although it may be filed as "settled" it will also be recorded as Defaulted in the past as well.

That would be the correct way to record a defaulted account in these circumstances.

The OP may need to go the FOS ultimately on this omne as the Default seems UNFAIR as opposed to technically inaccurate.

Why would it be "unfair"?

The OP moved without paying the account.

[The Debt Star]

Re: Default Removal - Help Pls. from STUDIO

So here for example is how my Equifax report records both the settled account and the 2006 Default. With apologies for the massive size of the image So you can see the "D" for default 5 years ago and the S for settled recently.




As to whether the OP has a justifiable grievance that he can take to the FOS for the removal of the Default marker, that is something he will need to consider. I guess that will depend on whether he was sent and/or received their default notice and what any DSAR shows up etc. Also the circumstances surrounding the matter; e.g his marriage breakdown and whether as a consequence his correct address was used by the creditor and if they were advised of any chnage of address by him etc. The FOS will look at each case on its own merits. I had a good result against Barclays because they had sent my DN to an old address despite sending my statements to the correct address. I only found this out from the DSAR.

[Nibbler]

Re: Default Removal - Help Pls. from STUDIO

The OP says that he completely overlooked the account, so I would take that to mean that they did not give the creditor the new address.

So notices, etc, would have gone to the old one. Quite legitimately.

Then he was traced to the new address when it was passed to DCA.

If the above ^^^^ is indeed the case as it sounds, then there isn't really anything UNFAIR about registering a default.

Obviously if there are issues like you described that the OP has not explained, things might be a bit different.

[The Debt Star]

Re: Default Removal - Help Pls. from STUDIO

You never know what a DSAR may throw up. I have been amazed at some of the stuff that has shown up and which just may throw a chink of light in his direction. Worth doing that as a next step at the very least before throwing the towel in

[Nibbler]

Re: Default Removal - Help Pls. from STUDIO

If there is more to the story than nooralamc explained in the opening posts, then it may be worth a stab.

[The Debt Star]

Re: Default Removal - Help Pls. from STUDIO

Its not necesarily anything he does know anything about yet. Last year the FOS removed a Barclays Default from my CRFs. I had failed to pay the bank under a DMP. However, under a SAR it became apparent that they had sent the DN to a previous address. Therefore despite the Default being technically correct, it was deemed unfair because I had never had the opportunity to receiove it, despite my not paying the bank and getting defaulted. Circumstances differ but if he can, perchance, establish any irregularities in the creditor's obligations then he might, possibly, get an adjudication in his favour. Who knows.

As matters stand on the info in post #1 then NAC doesn't seem to have a leg to stand on but...NAC go for the DSAR mate, and see what comes back. You'll only be punting a tenner for it vs another 4 years of negative credit scoring.

[CleverClogs]

Re: Default Removal - Help Pls. from STUDIO

[Nibbler]

Re: Default Removal - Help Pls. from STUDIO

Therefore despite the Default being technically correct, it was deemed unfair because I had never had the opportunity to receiove it, despite my not paying the bank and getting defaulted.

That is fair enough. That was their failing, not yours.

For the lack of further info, there doesn't seem to be any such failing here.

I'm not knocking the idea of sending for a SAR. You never know what it might turn up.

However, you said that this default "seems unfair" in your previous post.

Not that it "might" be unfair if some previously unknown deficiency was discovered.

Which is why I queried the statement in the first place.

[CleverClogs]

Re: Default Removal - Help Pls. from STUDIO

[nooralamc]

Re: Default Removal - Help Pls. from STUDIO

I did overlooked this account, I managed most of my financial account sorted out, changed address etc. but this one was just missed, else I would have settled immediately.
I was traced to the new address and as soon as I received the letter I paid in full immediatley.

The OP says that he completely overlooked the account, so I would take that to mean that they did not give the creditor the new address.

So notices, etc, would have gone to the old one. Quite legitimately.

Then he was traced to the new address when it was passed to DCA.

If the above ^^^^ is indeed the case as it sounds, then there isn't really anything UNFAIR about registering a default.

Obviously if there are issues like you described that the OP has not explained, things might be a bit different.

------------------------------- merged -------------------------------
Should I go for the DSAR?
How can I do that, can you please advise.
Your help will be highly appreciated.
NAC

Its not necesarily anything he does know anything about yet. Last year the FOS removed a Barclays Default from my CRFs. I had failed to pay the bank under a DMP. However, under a SAR it became apparent that they had sent the DN to a previous address. Therefore despite the Default being technically correct, it was deemed unfair because I had never had the opportunity to receiove it, despite my not paying the bank and getting defaulted. Circumstances differ but if he can, perchance, establish any irregularities in the creditor's obligations then he might, possibly, get an adjudication in his favour. Who knows.

As matters stand on the info in post #1 then NAC doesn't seem to have a leg to stand on but...NAC go for the DSAR mate, and see what comes back. You'll only be punting a tenner for it vs another 4 years of negative credit scoring.

------------------------------- merged -------------------------------
I will do this weekend, will post the screen shot of credit file.

Thanks mate, much appreciated for the advise and help.
NAC

It would be helpful if the OP could post up here a screen shot of BOTH his Experian and Equifax credit file relating to the account in question (obviously edit out the personal info and just leave in the relevant info).

------------------------------- merged -------------------------------
Wrote, no response yet, will keep updated.

Thanks
NAC

Studio is part of Express Gifts Ltd. Registered Office: 2 Gregory Street, Hyde, Cheshire SK14 4TH. I'd be inclined to write to the Chief Executive Officer at the above address and explain the situation. At this stage I'd take the attitude of you realise they are legally allowed to do this but, because of extremely difficult personal circumstances...........

You can always be less pleasant later if you need to be.

[The Debt Star]

Re: Default Removal - Help Pls. from STUDIO

NAC
I think Nibbler has it right on this. But, just in case there is something that shows up (or doesn't show up) on a Data Subject Access Request (DSAR) I would send one. You never know. If no default notice was sent, or the time frame given in the DN was wrong, or if the bank never wrote about the default etc, or if there were unlawful charges, mis-sold PPI etc etc.

Sending a DSAR will cost £10 and you should send it to them by recorded post.

You will find a precedent letter under the "Guides" tab.

Now, where'd the popcorn go? You eaten it all again Cleverclogs?

[Nibbler]

Re: Default Removal - Help Pls. from STUDIO

Does no harm.

Apart from the pain of parting with a tenner, that is.

[The Debt Star]

Re: Default Removal - Help Pls. from STUDIO

May do some good if he can catch them out on something.

Or spend the tenner on a large bucket of popcorn at the pictures. Costs about that much.

[nooralamc]

Re: Default Removal - Help Pls. from STUDIO

Have sent £10.00 for DSAR 2 weeks since then no reply yet.
Will update as soon as I receive.
Thank you all very much for the advise and guidance.
I beleive got to live with this default atleast for another 5 and a half years. Not good at all.
NAC

[The Debt Star]

Re: Default Removal - Help Pls. from STUDIO

No it isn't good and its a bloddy disgrace when you consider its only 3 years in Europe.

They have 40 days to comply with your SAR.