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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I have received a default notice from Argos. The arose as I

Resolved Question:

I have received a default notice from Argos. This arose as I had moved house and the notifications were not being sent to my new address. The debt was small and I settled it immediately (around 6 weeks after the default) I wrote a letter to Argos as I was told it was within there remit to remove the default. They have written back and advised they are legally required to report to Credit Agencies under the FSA rules but I have seen much info about people who have been able to have small defaults removed from their credit files. My question is there some way to negotiate with them to remove the default? It is going to really hamper my credit rating.

Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What was this in respect of?

What was the amount of the debt?

Can you tell us a little bit more about it please?
Customer: replied 2 years ago.

Hi Jo,


 


It was furniture purchased under the Argos 6 months interest fee no repayment scheme. The original purchase amount was £300 (I ended up paying £384.05). Attached is the letter I sent to Argos which lays out the full situation. I do not have a copy of their letter with me right now but I could send it on later.

Attachment: 2014-04-28_105212_argos_letter.docx

Expert:  Jo C. replied 2 years ago.
Did you tell them that you had changed your address?

Were you not paying by standing order or direct debit?
Customer: replied 2 years ago.

I telephoned them to change the address but they do not have a record to this. I did not set up a SO or DD as there was no requirement for payments over the initial period and I had always planned to settle the balance in full once the interest free period was over. They did have my phone number and email address but no attempts were made to contact me apart, I presume, by post which would have been going to my old address.

Expert:  Jo C. replied 2 years ago.
Thank you.

I still don't know how much the amount of the default was whether it was just one payment or the full amount

They are not legally required to report to credit agencies. It is a voluntary thing.

The fact remains that the account was in default although I accept that you have a valid reason.

Unfortunately, they have no record of the telephone call when you gave them your new address.

If a formal complaint to them does not work you can complain to the Financial Ombudsman because this is probably not actually Argos which provide this credit but it is more likely to be a credit card company (a Barclaycard have a collection centre in Bolton). You need to find out who that provider is and then make a complaint to the Financial Ombudsman. Nonetheless, whoever is providing it, it is credit and therefore a complaint to the Ombudsman would be worthwhile.

The Ombudsman has the power to make them remove the default based upon the circumstances.

If that fails, and they still do not remove the default your only recourse is to go to court for an order for it to be removed however this is not one that I would take to court with any hope of winning.

I'm sorry if this is not all good news but I do think that the Ombudsman would give you a reasonable chance of getting the default removed and of course, the ombudsman is free.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

Attachment: 2014-04-28_155721_creditreport.pdf

Hi Jo,

 

The amount of the default i.e. the amount I settled with the collection agency was £384.05. This was based on the amount borrowed £300 + interest when the account went past the 6 months interest free period. You can see the exact process from the attached credit report. It lists the provider as Home Retail Group Card Services so I would presume that this is the provider that I would refer to in contacting the Financial Ombudsman. I would presume that the next steps would be contacting Argos again and disputing their claim that they are legally required to provide this information to the Credit Agencies and then if that does not work the contact the Ombudsman and explain the full situation to them?

Expert:  Jo C. replied 2 years ago.
I would not bother with Argos and I would not bother with asking for details of why they say that they are legally required to provide this information.

The fact of the matter is that this was in default (although you know why it was in default) and you want it removed for the reasons that you were not advised that this money was due

Customer: replied 2 years ago.

Ok, so write to the Ombudsman as advised and explain the situation that I was not contacted by any other method and see what they say?

Expert:  Jo C. replied 2 years ago.
Yes, thats a good idea.
Jo C., Barrister
Category: Law
Satisfied Customers: 69773
Experience: Over 5 years in practice
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