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WG vs Toucan (satisfied default removal)


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Thought I'd make a topic on my progress with getting my default removed from a phone company rather than a bank. Just so anyone with a similar problem can use it as reference

 

Anyway....

 

Quick summary

 

I was defaulted in October 2006 by Toucan because of failing to keep up with payments. This was not my fault as they failed process my request to cancel the account in June 2006. They say they have no record of my request and I am liable for the charges but I refusing to pay them, I ended up being defaulted defaulted.

Since, I've had problems obtaining credit and so decided to just pay them off and be done with it as it was only a smallish amount. The full outstanding amount was paid in late August 2007 but even after 28 days my credit files have not been updated to reflect this. Though, even a 'satisfied' is unacceptable - full removal is what I'm after.

 

So to get it fully removed I thought I'd try paintballs method of sending a polite letter first asking for full removal and if that failed do the whole data protection act notice thing.

 

Here's a copy of my 'polite' letter (thanks to car2403)

 

 

Dear Sir/Madame,

 

After recently obtaining a copy of my credit file, I was concerned to note that your company has placed a "Default" against my account. Despite this Default being settled in full, it still appears with an active balance.

As you will be aware, I have raised a dispute over this account - as such I also dispute the Default that you have recorded.

 

As a gesture of goodwill, I therefore request that this Default is removed from my credit file completely. Please note I would like full removal - not just the Default being marked as "satisfied"

 

I have always maintained contact with your company regarding the reasons for my account being in arrears. I would like to ensure that this situation doesn't negatively impact on any future credit applications I may make, as I feel that will severely disadvantage me and cause distress unnecessarily.

 

I look forward to hearing from you in reply to this letter within 14 days.

 

Yours faithfully,

 

 

WG

 

 

This was sent on the 20.09.07 by recorded delivery but since I'd had no response.

 

For my second letter I've put together bits and pieces from the surelybonds template and other info I've found amongst the forum, adding my own words where necessary. I've also included a Statutory Data Subject Notice as part of the letter.

 

I'll post the it a lil later on to get some feedback.

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  • 2 weeks later...

Dear Sir/Madame,

 

In regards to my recorded delivery letter received 26.09.07 by the following;

 

 A COPY OF NAME AND SIGNATURE OF THE PERSON WHO SIGNED FOR IT

 

Upon receipt I have had no response and so can only assume the matter is of no importance to you.

In the letter, dated 20.09.07, I requested the status of the default made against me be updated and removed as I believe that since the account has been closed and the outstanding amount settled, there is no lawful reason for the default to still remain on file.

 

I would like to bring to your attention that the contract I signed with you only gave permission for the processing data during the term of that contract. It neither included any other permission, nor did they imply that your perceived 'rights' to process my data would be in perpetuity and there certainly was no clause contained that stated there was any right to continuing processing data when the contract had ended.

 

The only potential argument I can see here regarding this matter is that it’s in the public interest to retain such data to assist other companies in deciding whether I am a future risk is unsupportable. It is most evident that I am not a financial risk to the nation, having not accrued a CIFAS or GAIN marker, nor is this credit file of vital public interest to protect the nation's stability. Data may only be held if it is deemed in the public interest or public domain e.g. Bankruptcy Orders and Discharges, CCJs, IVAs, etc. These are imposed by a judge as actual Laws that allow them to do so, however, agreement 'defaults' do not come under those same Laws.

 

Enclosed find a Statutory Data Subject Notice request in which you have, by statute twenty-one days to either comply with, or give written notice stating your reasons and why you consider the notice unjustified.

 

You have already not responded in a non- compliance manure and so any failure on your part to adhere to these timescales will automatically result in your non-compliance with the statutory procedure. In that case, you will be expected to unconditionally comply with my Statutory Notice or I shall refer the matter to the Courts to ask for an Order to that effect. Should it be necessary to refer the matter to the Courts, then I shall also apply for Court fees and costs against you. This will also lead to a complaint to the Information Commissioners Office as to your suitability to hold a Data Protection license for you are clearly holding data that is no longer relevant to the accounts, the account information provider or the data subject, and is being held after a contract has been terminated, by whatever means, whether by default or cancellation.

 

Alternatively please remove the default entry from my Equifax, Experian and Call Credit records and confirm in writing that this has taken place.

 

I will also be looking into the matter of why my request for cancellation of the account, back in June 2006 was neither processed nor recorded. It was this matter which led me to be defaulted initially.

I look forward your reply.

 

Yours Faithfully

 

 

 

WG

 

 

 

 

 

 

Took my time I know (not that you noticed lol). Going to send this and the 3G letter tomorrow.

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  • 3 weeks later...

UPDATE

 

Got a copy of my report the other day and the Toucan default has now been removed. Weird thing is that it was done on the 22/10/07 and I had not sent the above letter untill 23/10/07.

 

So seems that even though they didnt respond to my first 'polite' letter they still went ahead and moved it.

 

On the report it now says

 

MR WG, 1 Middle of nowhere road, UK

Started 01/06/06 Balance £0 Settled 02/09/07

Status History 000000

 

Now I'm just debating if to send an apology regarding the letter above saying that due to them not responding I presumed they didn't update my files.

 

Hmmmm....

 

Either way - ITS GONE!!!

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