Shop Direct Default

erimus1

Before I start, I'd like to say that I have been an avid reader and supporter of this site for many years now. I have had some great advice and hopefully given a little in return also.

Some years ago, after being slightly foolish with various credit accounts, I managed to end up with six defaults. Whilst only one of the defaults was due to me being unable to pay, the other five were due to some form of dispute that arose and me being quite dogmatic in ensuring that I did not pay a penny more than I should. Would not advise that to anyone now as the defaults can really take ver your life and stop you from doing many things in finance

Today, I have successfully managed to remove 5 of the 6 defaults, but, from what I have read and understand, that one default will still hamper me.

Here are the highlights from my problem with a default fom Shop Direct Finance default that is showing on both Call Credit and Equifax but not on Experien.

I had a refinanced account with shop direct for about £1,300 that I had been paying off since 2007 on a weekly basis. In March 2009, as I was going to be working abroad for a few months, I made overpayments on the account to cover the time I would be away. When I returned home, I had received numerous letters from Shop Direct for failing to pay and with many charges applied of about £12 each.

When I rung Shop Direct, they informed me that the law had just changed and that I was obliged to make the scheduled payments irrespective of any overpayments I had made. When I asked why I had not been informed of this, they just told me that "...I should have been informed by letter..."

When I checked on the change on this legislation, sure enough, it was correct, it had just changed. There was an obligation on creditors to inform customers of this change - they did not do this. On checking my credit file with Equifax, it is showing it as being 1,2,3 late for Apr, May, June 2009. Many conversations and letters later, the file was showing as all Q' after the late payment markers.

I then went through all my paperwork for the account, and the figures that I had paid them indicated that due to the various overpayments that I had made over the time, I had actually paid the total off, and yet they were still showing a balance of over £300

When I made further enquiries, I requested a full account with all my payments that I had made so that they could substantiate the outstanding balance. I asked for this on six occasions by letter, and countless times over the phone. The on,y information I received was the last year's account information with the excuse that they could not access account information over 12 months. Eventually, they defaulted the account in February 2010 despite me requesting that they do not default it in every letter I sent.

I have recently been trying once again to get this default removed by they are not playing ball. I am sure that some of you out thee will be saying that I did default so the information is correct. However, I had an honest and true belief, as I still do, that the balance they had showing was not correct, and that I had fulfilled my obligations.

To date, they have yet to provide me with the account payment information, despite the fact that they were legally obligated to do so under the CCA s 77,78 & 79

I would be extremely interested to hear anybody's thoughts on this.

Thanks in advance.

erimus1

Anybody have any thoughts?

happy_bunny_2

Send them a complaint. No Response or one you don't like and you can refer to FOS. Be sure to tell them what you want, presumably balance wiped and default removed?

erimus1

happy_bunny wrote: »

Send them a complaint. No Response or one you don't like and you can refer to FOS. Be sure to tell them what you want, presumably balance wiped and default removed?

Just the default removed really - I will pay the right amount, but my records show I may owe them a few pounds, and that is all. Have sent them another letter off recorded yesterday. Depending in the response, I may then start an FOS complaint. I I'd give the FOS a call yesterday to tell them the situation and they sadism that under those circumstances the account should not have been defaulted.