Argos agreed refund but DCA got my credit!!!!!!

[uselesswithcredit]

I defaulted on an argos card back in Oct 2008 (this date is stated on their ledger print as the date of delinquency)

due to a financial change in circumstances.

 

 

They sold the account to Direct Legal Collections T/A Hillesden Securities Ltd formerley Argos Card Services (I wasnt aware of this at the time).

 

I received a reply to a letter sent to argos card services 2011 over fees etc and they awarded a refund of PPI and interest 366.31

no refund for the 12.00 letter fees added on account and was included on the refund request.

 

 

Argos did not disagree with the request for a refund as they stated that they are unable to locate the original CCA so could not argue.

They then proceeded to inform me that I would not be receiving a payment as the account was now with Direct Legal Coll (DLC)

they would be informing them to credit the same. DLC apparently are the owners if the debt.

 

So who is it on my CRA with a default registered relating to this account by a company called Hoist Portfolio 2

who claims account opened 2009 and defaulted in 2014.??

Can I default twice?

 

I have tried to get Argos to issue payment to me as surely they cant credit a DCA who has purchased an account

they believe to be owed by me as argos have no CCA to prove it exists.

 

 

I havnt received a reply and as the debt with them has now dropped of CRA i dont stand any chance in payment.

 

So my concern now is what do I do about my CRA file which is wrong

and as it looks like a DCA received my credit also,

 

 

shall I be cheeky and request payment from them?

[sillygirl1]

If they can't find the original CCA tell Argos to remove all details from the CRA's, they cannot prove the debt exists and should not be reporting on it.

[uselesswithcredit]

Thanks for the advice

 

Would you know if I can also raise a dispute with the CRA ?

[sillygirl1]

Yes, state that they are unable to produce a CCA and therefore should not be reporting on the alleged debt. Can't help much further on this though.

[dx100uk]

having no CCA is no excuse for a file to be removed from your credit record.

 

 

dx

[uselesswithcredit]

Fair comment, but a DCA should not place a marker on a CRA file when the original default in 2008 with Argos has now dropped off file The DCA is incorrect

[dx100uk]

if you mean that on your credit report

in the summary section of the debt [not in the calendar area]

there is a defaulted date

and that date is more than 6yrs ago

the debt should not even be showing.

 

 

if this is correct

and it reads so if post 1 is read in another way

 

 

then the debt should not be showing.

 

 

delinquency date is not the defaulted date mind.

 

 

All references to a defaulted debt must be removed from your credit files after 6 years

has passed from date of default, whether paid off or not.

.

{the WHOLE ACCOUNT WILL VANISH, never to return}.

.

{however, this does not mean the debt itself is not still owed

consider a CCA request.}

.

This is so that someone who continues paying something

- even after 6 years from default

- should not be at a disadvantage to someone who pays nothing after default

and ends up with a clean file after 6 years.

.

NOTE: {the bracketed text is not ICO guideline but my advise]

[uselesswithcredit]

The original entry made from Argos has vanished

 

 

(I did make further payments to them when I was in a better financial position,

but refused to pay the DCA , Argos did accept the payments off off me anyway,

the only balance left outstanding was equivalent to the charges they did not refund to me, as I gave up asking them for a payment,

I figured they could sort that with the DCA they had appointed)

 

 

They entry showing is that of the DCA and they date they closed off the account (their entry default date) is later than original and full balance shows still.

 

I have raised a dispute with CRA so Ill await their response.

 

I dont know why I wrote delinquency I did mean default.

[dx100uk]

ok well complain to the DCA

the original argos default was oct 08

 

 

and the account should not be showing.

 

 

give them 14 days to remove the whole account

else you'll raise a dispute about them changing the default date

with the ICO

[uselesswithcredit]

Thanks hopefully it will be removed and I will not have to raise a further dispute with ICO