Please advice on default credit.

[Julie.hien]

Hi everyone,


I just like to discuss about my credit issue and would like anyone to participate and offer me some advice in this.


I've applied for a Topshop store credit card which give me limit of £250. I did this to improve my credit score and so why not!
I've been a TOpshop credit customer since 2009. I had no issues and always paid earlier or on time for 4 years whenever I make purchases.
I don't pay by debit card but by statements I get every month.


I have moved address and I reported to them. I did receive paper bill statement each month but then it stopped for a period of time. I didn't realise as I have so much going on and so I was unaware I still had a sum on the credit store card.
As I relied on a monthly statement I get each month whenever I made purchases so I can pay off bill by PAYPOINT at the time.
But I didn't use Topshop credit store card for over a year and half or something so I assume I had nothing on the account as I receive no more billing statements.
My point is if I had knew the paper statement bill I would without a doubt paid it off as I have been doing so as a loyal customer for 4 years.




TIme pass and I applied for finance to do business and it declined. I was embarrass and couldn't understand why...
I found out they passed it onto debt collector who has sent letters to my old previous house address.
In which I cleared the amount and was somehow confused.


I called them up, Topshop. I couldn't get into my account as it was closed and security question I didn't pass as I've given incorrect house address. They had my old house address in their system and not my present one.


I wrote a letter to the Topshop card which now isn't owed by santander bank but by NEwday ltd.
I'm really in distress as I called them and they can't find any records of me within the company as it's taken over by NEwday ltd.


i wrote letter to them stating the situation on November 15th 2014. They replied they investigating the situation.
It's now January and I got no response by 6th January 2015. I wrote another letter demanding they investigate my situation as I'm under stress and feel hostage to an administrative error and feels an unfair default had been place to my account. And that they not responded as it's over 28 days and I like them to respond within 14 days with true evidence of data that they sent default letters, and statement billing of address to my present address on it. I also enclosed them a £1 postal. Otherwise, I refer this case to Osbudsman.


I receive the response letter on 12th January 2015 but the letter date stated the 30th December 2014 which is a false actual date. I received it on 12th January just after my second letter to them stating I waited patiently and now demand a a reply and data within 14 days.


Their response was I note that all correspondence was issued to the address we had on file at the time and that it is my responsibility to ensure payments are receive on time regardless of statement being received.
Therefore, unable to amend information on your file as it's true reflection of how your account has been maintained. They also enclosed a Osbudsman leaflet if I wish to bring it further. Or to contact them by phone.


I am really upset as I had businesses plan in mind the beginning this year and it requires good credit file. I'm deeply sad and feel helpless.
I honestly believe it's unfair and it's their part to send out statements billing so I'm aware and up to date with what's was the account and it's their administrative error of address. I've been with them 4 years and no late payments and without my acknowledgement I'm put to default. I found out a year later.
Also, they have not send any proof of evidence bill and default letter in which i enclosed a £1 postal for them.


Do I accept this and wait 6 years?


Is there any way or a way? I still have hope...
I feel helpless and hostage over their part of error in why I obtain this default in my credit report.


My goals and business plan has now been delayed and I don't know what to do.
Can anyone offer me advice or should I take this case to solicitors or anyone recommend me anyone to talk to about my case....


I really need some advice as I'm in a difficult struggling situation.



Thank you very much to read this thread.

[ncf355]

Re: Please advice on default credit.

Hi,

Firstly:

Unless you want to be spammed from here to eternity, REMOVE YOUR EMAIL ADDRESS FROM THAT POST!



Any advice given here is carried out on the forum itself - don't accept offers where you are being asked to pay for assistance etc by either your email or Private Message !



So, the problem at hand -


The bad news is I see it as highly unlikely you will be able to get this Default removed prior to the 6 years elapsing

Although they have obviously screwed up on the Admin, the onus would be on you to call them and find out why they weren't contacting you re the account, being busy (whilst I absolutely sympathise) is unlikely to be seen as good enough reason to fail to contact them about this.


You state that you always paid the card as required, but obviously for someone to default the account, there had to be a balance to Default.

So, I would imagine your first step would be to get the facts, and I would recommend contacting Newday with a Subject Access Request for ALL datta relating to the account

A Subject Access Request is made under Section 7 of the Data Protection Act, and will cost you £10

Send it via recorded post (best to do this with all letters to them, so you have evidence you have sent it, should that be required)

They are legally obliged to supply this information to you within 40 days.

Ask them for:

- A list of all transactions made upon the account from its inception
- A copy of the original agreement, the terms of that agreement and a copy of any terms that have been amended, together with the dates upon which these changes took effect
- A copy of any Default notice that is alleged to have been sent either by them or Santander
- A copy of any and all communications made internally or with 3rd parties with regard to your account
- A copy of any and all letters they have sent you in relation to the account
- A copy of any and all letters Santander sent you in relation to the account

[ncf355]

Re: Please advice on default credit.

In addition to the above, send them a Section 78 request for a true copy of the original agreement, as signed by you at the time of execution, together with the original terms and a signed statement of account

This will cost you £1, send this under separate post to the SAR above.

[ncf355]

Re: Please advice on default credit.

Once you have the above information, we can help you disect it, it may be that the information gives grounds for a complaint to tyhe Information Commissioner about the default, but as previously stated, I think you will have problems arguing it due to you not contacting the3m to question the lack of statements etc.

Ordinarily, a Creditor or Debt Collection Agency will only default an account after 6 months of non payment, so they would easily be able to argue you had ample time to contact them if there was a problem.


In all the above, I'm just giving you a realistic impression of the situation, we will do what we can to at least try and help you get this removed, but I don't hold much hope.

:tinysmile_hmm_t2: