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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a dispute with a credit card company.They cancelled

Resolved Question:

I have a dispute with a credit card company.They cancelled my direct debit without my knowledge.
This may have caused arrears.They have acknowledged poor service twice,in writing.
They have refused to quantify any arrears,and,indeed,have stated verbally several times that there are no arrears.
However ,they appear to have wrappped any potential arrears into a balance ,which they have passed to their recovery team.This team now claims the whole balance ,refuses any normal payments or payments of alleged arrears,and have issued a large default for the whole balance.This is about to register on my credit balance.As a Sole Trader this will have serious consequences.
I have offered to pay the whole balance if they cancel the default.
They say that this can not be reversed .However,Experian disagree ,and say that it can be reversed.
I feel that F.O.S. would be too slow.
I feel that I need a quick solution
Can you help please?
John.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Did they ever serve you a default notice?

Customer:

I think that the said that they had.

Alex Watts :

But did you ever get it?

Customer:

However,if they have-I have not seen it.

Alex Watts :

On what basis did they cancel the DD?

Alex Watts :

Have you asked for a copy of the default notice?

Alex Watts :

What is on your file, missing payment or default?

Alex Watts :

Have you written to them (not email or call) and ask them what the arrears are purported to be?

Customer:

They said that there was a missed payment.

Alex Watts :

ok

Alex Watts :

In writing?

Customer:

It has taken 6 months to get them to concede that THEY cancelled theDDM.

Alex Watts :

is that in writing?

Customer:

They had previously blamed my bank.

Customer:

No. I have not asked for a copy..

Alex Watts :

Ok - lets take this step by step

Alex Watts :

1) Have you asked for a copy of the default?

Customer:

I think it MAY be in writing.

Customer:

They have finally admitted it several times verbally within the last week.

Alex Watts :

OK - Have you asked for a copy of the default notice?

Customer:

No

Alex Watts :

Ok - get that.

Alex Watts :

Have they admitted in writing they cancelled the DD?

Customer:

OK will do

Alex Watts :

Have they admitted in writing they cancelled the DD?

Customer:

Will check.I think so.

Alex Watts :

Ok.

Alex Watts :

Have they confirmed in writing what the arrears were?

Customer:

Just checked.

Alex Watts :

ok

Alex Watts :

Have they confirmed in writing what the arrears were?

Customer:

They stated in writing on the 14 th October 2014-that it is their policy to cancel DDms

Customer:

Not seen anything in writing re arrears.

Customer:

The 14th October letter offers another £65 compensation.

Alex Watts :

Ok - make sure you get that in writing.

Alex Watts :

Has your credit file been amended or still shows inaccurate data/

Customer:

It mentions a figure of £1861.69,despite being clearly told there were NO arrears.

Alex Watts :

Ok - so your credit file is wrong.

Alex Watts :

Does your credit file show missed payments or a default?

Customer:

This includes£ 829.40charges.These charges have now been removed.

Customer:

They would not allow me to make any payments.

Alex Watts :

Does your credit file show missed payments or a default?

Customer:

Shows missed payments.

Customer:

Default -not yey.

Alex Watts :

Ok -and you want to correct the missed payments?

Alex Watts :

Showing on the credit file?

Customer:

I have only just received their letter-_it now states a default of £1861.69

Alex Watts :

Ok - and what do you want to achieve?

Customer:

No dfau;lt -to stop it.

Customer:

I have offered to pay arrears .They said there are NONE.

Alex Watts :

OK - have you written to them and asked for their conformation it will NOT be on your credit file?

Alex Watts :

Ok - so there are no arrears but they say you are in default?

Customer:

No -only found out a couple of days ago what they had done.

Customer:

That is what I said to them..

Customer:

How could I pay if there were none?

Alex Watts :

OK - you need to WRITE to them special delivery TODAY

Customer:

Yes - a default registered.

Alex Watts :

You need to ask them to confirm in WRITING that there are no arrers

Customer:

OK

Alex Watts :

You need to also ask them to confirm in writing that the default notice is not valid as there are no arrears.

Alex Watts :

Ask for this within 7 days or say you will go to Court and seek an injunction

Customer:

OK

Alex Watts :

If they do not then you need to issue a claim using form N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And form N16a - http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Alex Watts :

You are asking the Court for an Order that they do not enter a default notice with Call Credit, Experian and Equifax

Alex Watts :

The Court will list the matter for a hearing and decide whether to grant the Order

Alex Watts :

If the Order is granted and they enter a default it will be contempt in Court which they can be warned, fined or sent to prison

Alex Watts :

But you need to write and warn them.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

They appear to be saying verbally that there are no arrears ,because any alleged arrears are added to the whole balance. Therefore the whole balance is due.

Alex Watts :

If they do enter a default then you can have it set aside under the Data Protection Act anyway, so do not worry about that.

Alex Watts :

Yes but make sure you GET this in writing.

Alex Watts :

But if you have not breached the agreement and indeed THEY cancelled the DD then it is THEIR fault.

Alex Watts :

This is why you need this in writing

Customer:

Would you recommend using a solicitor?

Alex Watts :

Not at this stage, you do not need to and it is unnecessary expense.

Alex Watts :

But send the letter today special delivery.

Alex Watts :

Ask for:

Alex Watts :

1) Confirmation they cancelled the DD

Alex Watts :

2) Confirmation that there are no arrears

Alex Watts :

3) Confirmation there is no default notice

Alex Watts :

4) An undertaking that they will allow you to pay any arrears, if any, because of their mistake and let the agreement continue - failing which you will seek an injunction

Alex Watts :

Does that help?

Alex Watts :

Can I clarify anything else for you about this today please?

Customer:

I have considered paying off the whole balance?

Customer:

I feel that Ineed a faster solution-

Alex Watts :

Yes that is fine.

Alex Watts :

But you should still write and ask for the above details

Customer:

as it must be easier to prevent a default than to remove it?

Alex Watts :

yes it would

Alex Watts :

If you pay off the whole balance there will be no default.

Alex Watts :

So what you should do is pay off the whole balance but write and ask them to confirm they will remove any missed payment markers because of their mistake and also confirm in writing they won't enter a default on your credit file

Alex Watts :

Does that help?

Customer:

They have told me that there would still be a default

Alex Watts :

No, if you comply with a default notice there will be no default on the credit file

Customer:

How quickly could I get an injunction please?

Alex Watts :

And indeed if there is you can apply to have your credit file amended through the Courts

Alex Watts :

Well you need to give them 3 days notice

Alex Watts :

But you can't do it without warning them

Alex Watts :

So you send the letter special delivery

Alex Watts :

And then if they do not reply by next Friday apply for an injunction

Customer:

I suspect that they are claiming that I have not properly responded to a default warning.

Customer:

However a default has already been registered on mycredit file.

Customer:

It just isn't showing yet

Alex Watts :

In that case you write and ask them to remove it or say you will seek a Court order.

Alex Watts :

The process is the same.

Alex Watts :

The Data Protection Act states:

Alex Watts :

Section 14:

Alex Watts :

If a court is satisfied on the application of a data subject that personal data of which the applicant is the subject are inaccurate, the court may order the data controller to rectify, block, erase or destroy those data and any other personal data in respect of which he is the data controller and which contain an expression of opinion which appears to the court to be based on the inaccurate data.

Alex Watts :

So you can ask them to remove it or you will seek a Court order

Alex Watts :

Does that help?

Customer:

Yes -it helps,Alex.

Alex Watts :

Great. Can I clarify anything else for you?

Customer:

I feel like I don't know where to start!

Alex Watts :

Well you need to write as I have suggested above.

Alex Watts :

Give them 7 days to remove it and deal with rectifying matters.

Alex Watts :

If they do not then you issue proceedings.

Alex Watts :

The Court process then rolls on

Alex Watts :

Does that help?

Customer:

I would feel happier with a solicitor-if the price was right

Alex Watts :

Ok -you can do that of course.

Customer:

Would it be possible for affixed fee?

Alex Watts :

It may do, but that is not a service we offer online. This is a question and answer site

Customer:

Are there Solicitors ,who may specialise in such matters?

Alex Watts :

This is just a Consumer Credit matter - it is not complex

Alex Watts :

https://www.lawsociety.org.uk/

Alex Watts :

You can find a local Solicitor who can help

Customer:

Could you recommend anyone please?

Alex Watts :

Sadly site rules prevent me from recommending anyone, I am sorry

Customer:

OK

Alex Watts :

Can I clarify anything else for you today?

Customer:

Thankyou for your help,Alex.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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