Onetel bill default on credit report

[Chrisp7]

On my credit report it shows a default from 2003 from Onetel. The reason it defaulted was from university, and it being a shared appartment I wasnt to blame, however this goes on my record. Where do I stand on this? It was not fault can I get this annuled, as my credit rating is effected by this one default?

Thanks guys

[stan5131]

Yes. Firstly write to onetel asking for proof of sending the default notice. Usually they cant come up with this and it should have been sent recorded. I read another where someone then took the company to court and a judge ordered that it be removed because there was no proof of postage of the default. If there is an amount owing, you should arrange to settle this and then write asking them to remove it if not provide proof of postage.

If you get the standard fob off, then you have the choice of filing a court claim against them to remove it.

[Chrisp7]

So basically the simplist way is just to pay off the default, press onetel and it will be removed. When I can afford it I shall probably do this. However if they cannot provide proof of postage I can get the default annuled via court action? Do you have/konow of anywhere I can get more info on this course? I'd rather not pay for something I dont owe thats all!

[buzby]

Stansfield is completely wrong, i'm afraid.

If you entered into a contract with OneTel, and flatmates abused the line, you are still held responsible as the facility was provided to you and you did not exercise care in the use of it. (If the kine was intercepted, or if a burglar ran up the charges there might be a legitimate defence, but in much the same way as if you fill the bridge with beer and flatmates drink it, the off licence is not liable to you.

The default notice sent by Onetel is not a legal requirement, nor has to be call that - a 'final demand' that is not paid can be construed as the default notice and entered of your credit file. Your contract was not regulated inder the CCA so those hoops and hurdles are not required.

Since the debit was incurred, and you didn't pay them it is unlikley they will remove the default unless as an agt of goodwill, but they would be within their rights to show the default, but mark it 'satisfied'.

[stan5131]

Raymond, I read a thread the other day where a judge ordered removal of a default notice on grounds that there was no proof of sending the default notice! Only writing what I have read :o

[buzby]

Originally Posted by stansfield5131

Raymond, I read a thread the other day where a judge ordered removal of a default notice on grounds that there was no proof of sending the default notice! Only writing what I have read :o

I could see a judge ordering this as part of a CCA substantiation, but as OneTel do don deal in credit, their arrangements would be outwith the scope of the CCA and irrelevant in this case. Do remember in non-CCA situations, a 'default' (lower case 'd') is simply the opiniom of the creditor company, it has no legal standing.