Flegimoo Vs Style Financial...unjustified default?

[flegimoo]

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.

 

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....yet, will this help??

 

Copy of Original default cannot be provided....does this help??

 

According to Stlye, this store card is apparently not bound by CCA...how??

 

Read on for the detailed version...

 

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 Data Protection Act 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 Data Protection Act 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.

 

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???

[ieuanMr]

This story is too complicated, you intended to pay the amount to the correct party, they did not get it, you can prove you intended to pay the party should accept this in good faith adn you pay them again and the matter should be closed amicably.

 

Send out a strong letter with the facts, enclose a cheque for the £138.00, you will not pay any more charges or interst and you want the default removed. Give them 7 + 2 days to reply. If they don't write off an 'in dispute' letter realting to the CCA not replied to. They cannot take any further action or bother you in any way let them take action agaisnt you in court.

 

regards

 

ieaun

[flegimoo]

Thanks for replying ieaun, it is really appreciated..

 

It has been paid 4 years ago! I paid it to their DCA 9 months after the original payment was made to them. The account is closed.

 

Style accept that a payment was made to them by me but it cannot be proved that it was for that account and therefore wont remove it on that basis.