3 default with no notice

[hybrid_snyper]

Hi all,

I think I have found my number one website, what a wealth of information and it is surprising just how many rights consumers have that I didn't even no about. However I have hit a problem with 3.

The story is this......

I had a contract with 3 and one month my bill got a little out of hand on the data charges so i clocked up a bill of £140 which I couldn't pay off straight away, I eventually came to a arrangement with moorcroft debt recovery, admitidly I have missed a couple of payments, i'm a struggling student you see.

So Today I receive my Equifax credit file and there is a default marked on the account from three. I got straight on the phone and asked why this default has been placed on my account when I did not receive a notice of default. I'll summarise what 3 said...

1. They do not send notices of defaults
2. Then they said the last letter I was sent had information regarding this, I asked for this letter to be sent again, they do not do that. Then he said a text message was sent that contained the information.
3. I stated that by law 3 are required to send me a notice of default, again they do not do this, so I said your a breaking the law and I will be taking it further.

Of course my reason for posting here is that I am unsure on how to proceed. The account is still active until I clear the arrears, but surely they have no right to place my account in default until they serve me notice.

I have found letters for dealing with defaults on the forum but they refer mainly to accounts that are already closed.

Any help would be greatly appreciated

H

[mkandy]

They are correct, they do not need to send you notice of a default as per the Consumer Credit Act 1974. What they have recorded is a 'default' of a the Service Contract you have with them, in that you didn't pay them the full amount of a bill after 14 days.

It's sly because whilst it is not a credit default, you will still be financially crippled in the same way.

[hybrid_snyper]

Oh those cheeky buggers, you would think there would be some sort of way to distinguish between a breach of the contract and a credit default. So basically because it is not related to credit there is no need for a notice.

Well I suppose that is one less thing to worry about if there is nothing much that can be done.

Thanks

[mkandy]

I wouldn't stop there to be honest. Even though it is not a default of a Consumer Credit Agreement it still appears on your credit file, and any potential lender would treat it the same way as normal default

Try to get it taken off if you can

[Mr Mutley]

Hybrid, I have the same problem with 3. My account is closed and a default has been placed on my credit file without a default notice, however, it can't be a default of contract because there is no contract. Any clues would be great for both Hybrid and myself, thanks

[buzby]

I'm interested why you think there was 'no contract'. The ONLY handsets that don't have a contract are on pre-pay. You do not have to sign anything for a post-pay (contract) phone to be created, your first payment is taken as acceptance of any T&Cs prevailing at the time. The REAL problem, is that the firms are attempting to make late payments appears as serious as a CCJ or Decree, and largely due to the assistance of the CRA's they're suceeding.

[Surfer01]

I have the same problem with Orange. One and only default and it is crippling us as I have had to pay a higher rate on our car loan and is also preventing me chaging credit cards for a better rate etc.

[Mr Mutley]

Thanks Buzby, my alleged contract was through a company called "Consolve", how apt. I contacted 3 when the phone was faulty and they said there was no contract with them, go to Consolve. Strange is it not? I think the whole thing was a con, as the idea was 12 months at £17.50 per month. This never happened, 3 provided service for 3 months at £17.50, then it went to £35 per month with an alleged rebate of £17.50. This never happened.