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Style Financial unjustified default? Won't remove! HELP!


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Greetings all...

 

Firstly can I thank anyone that takes the time to read and reply to this thread, any help is extremely appreciated as this story is complicated and lengthy...please try not to get bored...

 

I recently checked out my credit file as I was about to start looking at buying a house. On there I noticed a Default Notice (Settled) from Style Financial Services (Store Card) in July 2005. Odd I thought.

 

I contacted them requesting further information advising them that according to my bank statement this was paid in June 2005. I requested an original copy of the default as I had no recollection of ever receiving anything regarding this.

 

They eventually got back to me advising that they had nothing showing any payment toward the account and that it had been paid 9 months later via their DCA, Allied International. They requested a copy of my bank statement which my bank eventualy provided, I highlighted the payment of £138.67 to Style Financial Services made on 29th May 2005 (The date I cleared the full balance), leaving my account on 1st June 05. Oddly at the same time I noticed that this was returned to my account on 9th June 05 and so highlighted this requesting why this would happen? I again requested a copy of the original default notice as it had not been recieved with the correspondance.

 

A further letter was received yesterday saying despite the proof of payment the default would not be removed as this does not tally with the statements at the time and with the notes archived on the account. Statements were attached and fairy enough at 29th May the balance was £107.38. Again no copy of the default was attached.

 

I then telephoned the lady dealing with my query as we were getting nowhere fast, who stated that the numbers don't tally, there's no notes, as far as I know it could be for another Style account. Why would I pay someone elses and not my own? I tried to reason asking could it be a mistake on the agents part? She said maybe but I cannot see how that would happen due to DPA when calling. I asked how I could prove that it wasn't for any other account and she said get your bank to prove what account it was toward. How would they know? You post the payment to an account not the bank they just pay you. She then said well the only thing I can do is speak to any mortgage advisor or you can place a notice of correction on your file. Not really much use to me and to me that isn't fair. She couldn't give a reason as to why the payment was returned to my account 8 days later but noted that I should've noticed (fair enough). Was it returned due to an error? She couldn't answer that even saying that yes there is a small possibility it could be an error on Style's part

 

I remembered recently reading on here about an Egg card and late fees etc being used under the DPA to remove a default. I asked her if this was true as the deliquent balance was £89 which had risen to 107 then according to the statements £125 when it was entered as a default. She said she couldn't give me advice as it was a conflict of interest, this was after she'd however said that not unless you've claimed your fees back then it would be wrong...(stuttering at this point realising what she was saying I assume) saying but we would only amend the details it would not be removed and that the Style Store Card is not regulated under the CCA. I asked if she could provide a copy of the original default she said no just a template.

 

So in a nut shell the story is...

 

The original deliquent amount was £89.

 

This rose to £107 inc Fee's and interest at 29th May

 

I paid £138 to Style on 29th May to clear recredited to me on 9th June without noticing. Proof sent.

 

Statements followed to home address whilst at University (no reason to doubt as I thought it was paid)

 

Default applied in July 2005 for £125.

 

Charges/Late fee's not reclaimed.

 

Copy of Original default cannot be provided.

 

Stlye store card is apparently not bound by CCA.

 

Can anyone tell me where I stand with this. I know I should've noticed £138 going back into my account but I didn't. Stupidly I paid Allied international because my parents put me under pressure and I was really stupidly nieve. What do I do??? :confused:

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Hiya,

 

you have a couple of issues you need to sort,

 

what i would do is to send a sar. this will get all the info they have on you so you can see what's going on and hopefully can get this sorted.

 

I would think these are covered under cca like any other store card.

 

also If they defaulted you on the account which included charges then the DN they haven't sent would be a no no as well

 

also sending sar you could check and see if they are any charges you can calim back as well

 

you would need to include a £10 PO and send recorded:

 

just edit to suit

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

 

once you get your info you may want to post up in this forum:

 

Store Cards - The Consumer Forums

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Thank you so much for replying. :)

 

I'm one step ahead, I sent a SAR today with the £10 special delivery. On the same letter I also requested any default charges be returned by cheque.

 

I have already been told they don't have the original default notice letter only a template.

 

I also have copy statements from the time and the balance was £87 in April 2005, Default notice issued for £125 in July 2005 (no spending on the card during that time).

 

They have accepted a payment was made for £138 on 29th May 05 but not allocated to any account and therefore returned to my account on 9th June 05.

 

Flegimoo x

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ok lets wait and see what turns up in the sar

 

re the DN template do you still have it?

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Thank you again for replying...

 

They havn't sent the template, the lady that I spoke said that they only have a template not a copy of the original.

 

I have nevertheless requested a true copy of the original default in my SAR. I assume a template will follow in the originals absence.

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Thread moved.

 
 

Any advice I give is honest and in good faith.:)

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Help keep it up and active, helping people like you.

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  • 1 month later...

Hey guys, SAR returned statements only.

 

RBS who own Style said in their letter to me that they cannot find an original copy of the signed agreement and that there is no correspondance or notes relating to this account. Considering I have been lettering and calling them for a few months I find this weird to say the least.

 

The account is closed. I wrote to them requesting that under DPA they remove all data relating to me as they do not have a copy of my signed authority to process my data including removing the default....is this right??

 

Cheers,

 

Fleg x

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  • 2 weeks later...

What kind of payment was the one you made on 29th May 2005? Was it a direct debit, a bill payment, debit card? If it was a bill payment and, for axample, you did not quote the correct Style account number they would have been unable to allocate it to an account and would have sent it back to the originating account. If it was a direct debit then Style have some explaining to do.

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Thanks for replaying.

 

It was a card payment unfortunately.

 

The have returned my subject access request with statements only. They can't locate the credit agreement.

 

Does this give me authority to request the default removal via the DPA as they do not hold my signed authority to process my date to CRB's? :confused:

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If it was a debit card payment and you can show that from your own bank's records you should be able to demonstrate this is principally Style's fault.

 

If your bank records confirm that I would, I think, lay it out one more time in a letter to Style, making clear that you paid the bill and due to a mistake on their part the debit card payment was reversed (and it must have been Style who did that), asking for the extra money you have paid to be returned and the default removed. If you have no joy you could then go to the ombudsman. As you have a default notice to be removed, and given that there was technically a debt to be paid (even though you tried to pay it) I'd suggest that is a better route than going to the small claims court.

 

I would adopt in my final letter the approach that you fulfilled your part of the agreement by paying the debt and that what followed was caused by negligence on the part of Style for which you should not be penalised.

 

Given that you do not dispute having the card, using it, and owing the money back in 2005, I would not think that going down the CCA route is necessarily the way to go - at least not on it's own.

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I've tried the Styles negligence route, they say that it's very very unlikely they would make that mistake as they would DPA me before continuing with the call. They say that I could have been paying someone elses account and that this would be an appropriate defence. This was said over the telephone by the way.

 

I have just completed the following letter to try the DPA route, I don't know if it is spot on but it might be worth someone having a look:

 

 

Thank you for your prompt response regarding my letter dated 30th December 2009.

 

I am somewhat puzzled by the content of your letter. In this you state that my request for documents contains some misconceptions about my entitlement to information as per the CCA 1972. There must be some confusion regarding my request and the attached correspondence.

 

I made my request for such information by issuing a Subject Access Request (SAR) which I am entitled to under the Data Protection Act, not the Consumer Credit Act. This was outlined and requested in previous correspondence. As I am sure you are aware a SAR should include all and every piece of information that a company holds on a subject, be this notes on a computer system, copy letters that have been issued, credit agreements, recorded conversations and any statements, which is what I requested. RBS very kindly responded to my SARS request, as per your legal requirement and advised of the following (correspondence once again enclosed):

 

·A copy of the signed application / agreement could not be located

·There is no correspondence relating to this account on file

·Please find enclosed copy statements

 

I am not again asking for this information which is the impression I get from your letter – this information has already been received. The letter overleaf advises that you cannot locate a copy of the signed application form which formed the agreement between you and I. Not only does my signature on this agreement bound me to the CCA 1972 it also gives you authority to process my data as per the DPA 1998. If you do not hold this agreement then you do not have authority to process data relating to me. By processing data, this includes all previous data, Style Financial Services is in breach of the Data Protection Act. I am therefore making a formal notice to desist from processing or disclosing personal subject data, as per section 10 of the Data Protection Act which follows (taken directly from the DPA 1998):

 

10. - (1) Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons-

 

(a) the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and

 

(b) that damage or distress is or would be unwarranted.

 

However, there is some exclusion provisions for Data Controllers, and Section 10 does continue with various exceptions to subsection (1) above, and these are quoted, in full, below:

 

10. - (2) Subsection (1) does not apply-

 

a.in a case where any of the conditions in paragraphs 1 to 4 of Schedule 2 is met,

or

b.in such other cases as may be prescribed by the Secretary of State by order.

 

I can only presume that Style Financial Services has not applied to HM Secretary of State for an order allowing you an exclusion, which leaves Style Financial Services with the only remaining possibility of requesting an exemption under paragraph a. above (Schedule 2) which I may remind you all 4 points must be met:

 

1.The data subject has given his consent to the processing.

2.The processing is necessary

(a) for the performance of a contract to which the data subject is a party, or

(b) for the taking of steps at the request of the data subject with a view to entering into a contract.

3.The processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract

4.The processing is necessary in order to protect the vital interests of the data subject.”

 

I draw you attention to point 1. You do not hold this consent as you do not hold a copy of the singed consent and agreement (the application form). As such please adhere to my above request. This issue has been allowed to continue for some time, the default notice should never have been applied in the first place: A payments was made but returned to my bank account in May 2005 and then a cheque was received by Style but not banked in June 2005, the details of which I do not wish to get into again, however I note that as you do not hold the notes and telephone conversations from that time it is difficult for me to prove this. You will not remove the default because of this and so I have been forced to take this route in order to make fair the wrong doings which has affected me for nearly 5 years. Please remove the default notice from my credit file.

 

I would not want to report this to the information commissioner’s office or be forced to enter a claim through the county court as I feel this can still be resolved amicably if dealt with swiftly. If this is indeed passed onto the county court I shall be seeking compensation as the court sees fit for the distress harm caused by this default notice due to higher interest rates etc. For 4 and a half years, I may also attempt to reclaim the £10 fee for the Subject Access Request and all Special Delivery Post charges to RBS / Style Financial Services, of which there is 8 to date at £4.80 each. As you do not hold the signed credit agreement I may also be entitled to reclaim all charges and interest relating to the account via the court.

 

This has already been outstanding for over 28 days therefore if this is resolved swiftly, within 7 days and the default is removed then I will not need to take such action through the court and reclaim monies or claim compensation. Please feel free to contact me on if you wish to discuss this over the telephone.

 

Yours sincerely,

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The Consumer Credit Act is 1974, not 1972!

 

The suggestion you have rung to pay someone else's account is of course a joke, because apart from the fact that you would not want to do that (!) the problem has occurred because they refunded the transaction. I'm not sure that the ICO is the way with this one - I'd still be inclined to go down the FOS route because your complaint is an issue of malpractice.

 

Again I would say that if this were my account I don't think I would put too much effort into the processing of data issue and instead would concentrate on their failure to manage your account and apply your payment correctly, because that has itself led to the whole issue arising.

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