Default now removed from my credit file and no evidence of me ever having an account with 3. Had my mortgage application re-scored and accepted...winner!

Right.... I've been on the phone to 3 for the last hour - and they've agreed that the default should never have been placed on my credit file as it was they who had cancelled my direct debit, and not a case of me missing payments as the default shows. They're going to apply to have the default removed, however this may take up to thirty days. Seems like I'm getting somewhere, however it's not going to resolve itself overnight, and I'm probably going to lose the flat I reserved on Tuesday.

Thanks for the advice. I've written a letter to 3, and posted it today, so will see what comes from that. Had my mortgage application declined today - because of this one default....gutted.

Hi, I needed to access the internet from my workplace, where there was no phone line. I saw an advert from 3 mobile about their mobile broadband package, so gave them a call. I asked about network coverage in my area, and I was told it would be fine. I accepted the modem on the basis that I could return it if it was found to be faulty. Delivery time was approximately 2 weeks from the initial call to set up the account as they had just started providing the service and were struggling to meet demand. When the modem arrived, I set it up with my laptop, but couldn't get network coverage - anywhere. I called 3 straight away to return the modem, and was told by the first woman that I spoke to that this was not a problem, she would cancel my account and direct debit for me. I was then transferred to their returns department, where it all started to go wrong. I was told that I was outwith the 14 day return period, and that I wouldn't be able to return the modem. I explained that I had only just received the modem, and that the lag had been caused by them taking t weeks to send it to me. At that point I was told he would have to discuss the matter with his supervisor and would get back to me. Two days later, I received a call telling me that they had not reached a decision, and that they would be in touch shortly. A week later, I received a call telling me that I could return the modem, and that packaging would be sent out in the post to allow me to do this. The packaging never arrived, despite me calling several times over the next couple of weeks to ask where it was. I gave up trying, and presumed they simply weren't bothered about getting the modem back, until a debt collection agency started calling me several times a day asking for money as I had not been keeping up my payments with 3 Mobile. Remember, that it was 3 who had cancelled the direct debit, not me. I contacted 3 again, who again told me that they would send out packaging to allow me to return the modem. Again, this never arrived. All paperwork received with the modem had the correct address on it, so it wasn't being sent elsewhere. Everything went quiet after this, so I presumed the matter was over, until I checked my credit report through creditexpert, to find that I had a default from 3 Mobile! This is now causing me massive problems getting a mortgage, and I feel that this is all so unfair. I really don't know where to go from here. Any advice would be very greatfully received. Brian.

It's been ages since I updated, but I won! I was about to file my claim with the courts, but thought I'd send one more letter of complaint as I hadn't received a response to my rejection of settlement offer letter. A week later, I received an offer of £1369...the full amount I had claimed. I accepted this, but strangely, I got a similar letter from a different person within RBS offering me £1369 in settlement. I thought I'd be cheeky and sent this one back too....they paid ANOTHER £1369 into my account! They took it back a day later though . Just shows how disorganised they can be. Good luck to everyone currently pursuing their claim, you will get it back, and thanks to those who have given me advice. Cheers, Brian.

Hi Scott, I've not done any more with this since my last post. I'm now in the process of filling the forms in, but have a couple of queries... The amount of my charges is £1269, which would fall under the summary procedures, however with my 8% interest, the total increases to over £1500. Which amount do I go on when deciding which route to go, and what do you suggest I do? Also, all my previous correspondence with RBS has been directed at Tommy McLean at customer relations at the gyle. When stating on the claim forms who it is my claim is against, do I use his details and the address I've been dealing with, or another? Also, once I've handed my forms in and paid my £39, and received my date, where do I find the Sherriff Officer's to get them to serve my papers. Are they at the court I originally filed the claim in? Sorry if the questions seem a tad naive...!

Thanks Scott, that was very helpful. I live in Innerleithen, so my nearest court would be Galashiels...should I hand the forms in there or do it through the Edinburgh Sheriff court? Would it be at all possible to see how you filled in your form? Brian.

Hi, I've received an offer of settlement from Tommy McLean, which I've rejected, however I'm unsure as to where to go now with my claim. I can't use MCOL as I live in Scotland, and my claim is for £1269 plus 8% interest, so I can't use the small claims procedure (I don't want to split the claim into two). I assume I need to submit a Summary Cause, however I can't find any information on how to do this or where to find the forms etc. I really want to procede with my claim, however seem to have hit a bit of a brick wall. I'd really appreciate some help here. Thanks, Brian.

Thanks for that - I'll post it off this afternoon.

Dear Mr. McLean, Thank you for your letter dated 30/11/2006. I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totaling £1369. I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a Court claim if necessary. My letter before action sent previously indicated that you had 14 days to respond before Court action commenced. I will now proceed with a court claim if I do not receive a more favorable response within the next seven days. I would prefer if we could reach a mutually agreeable solution, however please understand that I am fully prepared to proceed with my claim in the Courts if you are unable to refund my charges in full. I trust this clarifies my position

Thanks Tweaky, I shall have a look at your thread. Cheers

I've decided to proceed with the claim, however am unsure as to the wording of my rejection letter. In my last LBA, I gave RBOS 14 days to comply before commencement of legal action, however this 14 days is now up. I would like to give them the opportunity to increase their offer on the clear understanding that I will go to court if they don't. Any ideas how to handle this? Thanks, Brian

Hi, After receiving my LBA, Tommy McLean has sent me a letter offering me £780. My claim is for £1369 (plus interest), so I'm swithering over whether I should just accept the offer that's been made or not. If I were to reject the offer and proceed, what's the next step as I am in Scotland? Do I simply go to the courthouse, fill in a claim form and wait for a response, or is there more to it? I'm also a little confused as to what sort of claim to put in, as with interest my claim reaches over £1600 - so do I go the summary cause route? All advice greatly appreciated, Brian.

In true comedy style I found my postman outside trying to deliver 3 sets of statements to me due to RBS making a mess of things and supposedly losing the first two sets. I've been through them, and my charges amount to £1539, which is a bit disgusting considering they were all placed whilst I was a poor student! So, my question is, how do I present the charges to the bank with my next letter - I had a look at the spreadsheet, but that doesn't look like the right thing for me. Should I simply list them all? Also, being in Scotland, should I submit two claims of £750, i.e. 2 letters of approach and 2 summary of charge lists.....or just one and then split them when it comes to making a court claim? Also, should I just drop the £39 as it will put me over my claim limits? All help greatfully received... Brian.

Hi, I sent my data release form with the enclosed £10 to RBOS on the 8th August, but have so far been continually been fobbed off. I have been told twice now that my statements were sent out but somehow "lost". I sent the LBA two weeks ago stating that I would obtaining a court order to get the statements, however all I received was a letter apologising for the delay and that another (third!) set would be with me shortly. I'm clearly being lied to, so what should I do next? Regards, Brian.

I gave them a call to see what was happening and if I actually needed to send the reminder letter. Apparently my statements were simply "lost", and this "happens regularly". How convenient. I was told it usually takes up to 8 weeks to supply what I had asked for, however after reminding her that the law states they have 40 days to comply, and not "as long as it usually takes", I was promised them within another 7-10 days. I won't hold my breath... Brian.

Thanks for that, I've found a template along similar lines, so I'll fire that off to them. Seems odd that they went past the 40 days despite contacting me...

I printed off the Data Release form and sent it to The Royal Bank of Scotland on the 8th August. After 2 weeks I received a call to ask me if I had received my statements yet, so I told them that no, I hadn't. I was then told they would be with me very shortly, however still nothing has arrived. They had 40 days in which to supply me with what I had asked (and paid £10) for, so where do I take this now? Thanks, Brian.