I had a RBS Universa credit card with a £250 limit – exceeded my limit and got charged and the rest is history…

the end balance on my credit file is shown at £420 and defaulted so £170 was from charges, a few DCA’s tried to collect it and I ignored them…then 1st Credit Contacted me and offered me a reduction to £330ish – I paid in full like a fool.

My credit file says I still owe £420 and its still in default…I have called 1st credit to who say they have told RBS I paid – RBS deny this and won’t place a settled on my file.

I now want to claim the unfair charges back on my account and dispute the default as it’s only due to the charges that I messed up the payments…I understand how to do this but want to know if I claim the full £170 in charges or only the difference as I paid DCA less as a settlement.

Finally can I send the CCA to 1st credit even thought the debt has been paid and state that I am concerned that I have no recollection of the debt, then if they fail to supply the documents can I claim my payment back and make it direct to RBS?

my thinking is SAR to both, so you can work out exactly what is what. extra evidence might turn up in this time.

Anyone else?

Right i sent First Credit this letter to inform Universa that my ballance is paid - they have not responded - what can i do now? I wrote this:

Date: 22 August 2006

Dear Sir or Madam:

Account Reference – XXXXXXXXXXXX

I am writing after settling my account with you for the sum of £315.74 on the 21st November 2005 for an alleged debt with RBS.

I contacted you some time ago to request that RBS were informed this account was brought up-to-date, so my credit file could be amended accordingly with Experian, Equifax and CallCredit.

Several months later my file has still not been updated so I contacted RBS, who state they have not heard from you and will not alter the Defaulted balance without proof from 1st Credit that the debt has been settled.

Could you please confirm this to RBS immediately to resolve this matter, and inform me by return that this issue has been dealt with so my RBS file can finally be updated.

I would request that this information is provided to me within the next 14 days.

Yours Faithfully

Mr. XXX

As you acknowledged the debt by paying it then you have little recourse with the DCA until you can prove the origins were as a result of unlawful pen chgs.

You have done the correct steps tho.

The dca is obliged to send you the details on file if their CCA.

You should await expiry of the 12 worlking days plus 30 for that and if they have not replied contact trading standards in your area.

After you have claimed back your charges I would then force the bank and Dca into removing the default.

The bank on the basis that they defaulted you as a result of unlawful charges and also that they continued to process your info after your contract with them ended which is a Data protection issue.

You could send them a section 10 notice (letter in the banks temp folder link below)

Also have a look in the defaults threads........you will find this in the legalities section.

so DSAR to Universa - then claim, then remove default via Univera not DCA as they havent actually defualted me RBS Universa have

my issue is the defualt cant be marked as settled as 1st Credit wont pass on the details to Universa - it woudl be nice to have it marked as settled whilst i claim - and tbh i think claim would only be £100! so my not even bother

i know if i CCA 1st credit it will do little good - i wont be claiming off them i just wnat them to tell Universa so the file can be updated

Ok then contact the credot ref agencies and demand that your file is marked as settled.

Remind them that they have a duty to make sure the info held on you is accurate.

I think you will find that they will comply.

Thanks Martin - not sure why that didnt come to mind straight away!!?