Default with catalogue company

narabanekeater

http://forums.moneysavingexpert.com/showthread.html?t=104110

would anyone please be as kind as to read my post and comment on the below.
My hubby as mentioned in the post got this defaut by studio keep addimg on admin charges
Now my hustband signed no credit agreement with Studio they just sent him a book and he ordered so never did he sign anything
Now were not trying to get out of paying this as we paid it off long ago but if he wrote to Studio asking for a signed copy of his credit agreement, which we know they dont have would it get the default removed?
Ive begged with them but they never even write back now

Harassed_2

Use the letter below and send it Recorded Delivery with a £1 postal order, to the company. If the default you mention is on his credit reference files, this is a different matter.

I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.
As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

ceegee

Sorry, misread your post.

ceegee

There is another thread going somewhere about getting defaults removed from your credit records and the concensus seems to be overwhelmingly that it cannot be done.

ceegee

I can't do links, but read the thread entitled "Defaults, Credit Files" on this forum.....lots of info regarding a very similar question to yours.

narabanekeater

Hello I thought id bump this up as its still causing friction in our happy house. I did read the post reccomended but I couldnt understand it as that poster hadnt already paid off his default. Something I would like to add is that until b got hold of his file with the default on we never even knew he had it. Studio never even told us or shut the account