Website threaten to default me

Dealmad

I joined a gambling site last year , i spent over a £1000 , now sometime after ,they are claiming i owe them £175 despite me not asking for a credit account.

They claim this money was added to my account by mistake and i used it to play games with.....I honestly can say that im not aware of this or cant even prove that its correct.

They now say if i dont reply to them in 48 hours they will report me to credit agency and file a default.

Im really mad , because i know i never applied for credit and my file is going to be bad now for something that wasnt even my fault...is there anything i can do?

dmg24

The first thing you need to do is ask for proof of the debt.

Dealmad

dmg24 wrote: »

The first thing you need to do is ask for proof of the debt.

they told me to check my own records , but i dont even have them anymore or know how to check that i was over paid.

Are they allowed to file a dispute with credit agency even though i think its wrong and never signed or agreed to credit , they even informed me that i dont have a credit account but was an overpayment

also can they just add a default to my file , they only sent 1 threating email to say there going to do it ...its obviously stressing me out as my credit rating is very good and i dont want it spoiled

Blacksheep1979

Tell them the amount is in dispute (I'm fairly sure after that they can't default you), then ask for a contract - they won't be able to supply it. This could get nasty if you have had the money and don't repay it but they are probbably just trying it on for shock factor.

Dealmad

I just found this on a website after searching , should i write this to them or just ignore them :

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.



Found it on this site , but i dont have a default yet but if i write the above then it may stop them trying?

http://www.learnmoney.co.uk/credit-cards/remove_default_notice.html

Blacksheep1979

You need to speak to someone who accurately knows about this but I'm fairly sure that a sum of money that is in dispute cannot be defaulted on - they can take you to court but no default.

dmg24

There is no need for them to provide a CCA because it is not credit that they are disputing, is is an overpayment.

Because it is not strictly credit I am not sure how it would affect your credit file. However, I have seen examples of where credit which is under dispute has resulted in defaults (which have eventually been removed), I'm just not sure if this would be the same.

It does seem very easy for companies to be able to register negative information on a persons credit file, so I would definitely follow this up as soon as possible.

Dealmad

Ok bad news the company has defaulted me , what can i do ...

they are refusing to remove the default & claim they have every right to add one even though its not a credit account

They said the fact that it was not a credit account
is irrelevant. The losses were as a result of financial issues from your
side we have every right to add a default and we are not removing this until full payment is sent.

they claim they have checked with there so called legal team and they can add a default on deposit only accounts

Is this true , this is really stressing me out , there quite rude with me also

I asked for a contract and they just sent me a form with my name and address and date of bith on it and also there t&Cs

when i said i will go to a lawyer they just said fine but were still not removing it.

Do i really have to pay legal costs to get this removed?

Greensprout

Why not ring Citizens Advice?

Blacksheep1979

Ask them to provide a signed credit agreement.

Dealmad

Blacksheep1979 wrote: »

Ask them to provide a signed credit agreement.

They claim i ticked a box which is like a signature , i cant remember any box.

oplus they admit its only a deposit account so why would it be a credit agreement , they have got me confused and i dont know where i stand ;(

Ive asked them to be more clear seeing as they admit its not even a credit account but there now ignoring me