2 defaults Egg and Vodaphone - Default hell!!

[MARTIN3030]

Clear enough very well answered !

 

[Sarrahk]

wow! I am welcoming all this hijacking of my thread... its full of fantastic info.. keep it coming! I am just wondering if you have looked at the post above anyone about the vodaphone/singlepoint issue .. any tips on this? I have just sent my DPA notice to vodaphone in the manner suggested but i know my contract was also originalkly owned by singlepoint (who now no longer exist and vodaphone have taken over) although the default marker on my credit file has clearly been put by vodaphone..

 

i sent it to a banbury address as i was told they are the people who deal with credit files for vodaphone

[Tobes]

I've sent out one of your groovy notices but I'm pretty sure they are going to try and give some reasons as to why they will not remove the settled default...What should I do in that instance?

[nathal]

Really Brilliant, You Genuis's..

[SurlyBonds]

I can almost guarantee that some of them will still refuse (initially) to remove defaults.

 

The way I see it is that you can use three tacts, or more if can think of them:

 

1) Write to them admitting you had a pretty tough financial time, due to various personal reasons, and fell behind with payments - lay it on thick if you like.

Say that you have now managed to get over these and have managed to move forward and sort out the problems.

However, you are being serverly limited in your options due to historic adverse credit data. Ask them (if the money has been repaid) as to what really is the point now of holding these marker on your file as they have got what they wanted, and reiterate the moving forward theme.

Some of the companies will actually empathise, and might offer to remove them for you. Don't think they won't - I am helping someone totally clean up their file, and out 11 defaults, 5 companies agreed to remove them once the money was repaid. We even negotiated with two others to remove them whilst a repayment plan was in place.

 

2) If the defaults are as a result of unfair charges, then basically give them hell and include it in any conditional offers for you not to go ahead with your Court action. Include it as part of the claim on the Court Claim, that in view of the circumstances that caused this default to arise (i.e. unfair charges) you are asking the Court to order the removal from your credit files. When the banks see this on the claim form they might even offer to include it as a condition in their own offer, as they realise that this means a great deal to you.

Also, they know that if when they are found against in relation to the unfair charges, you have a very clear-cut case to Order a removal under the Data Protection Act anayway. They do not want to start getting involved with DPA issues, as Courts get very arsey with organisations that frig about with personal data in this manner. The banks are also vary of the Human Rights Act and certainly don't want to be challenged in the Courts over issues relating to the indirect consequences of adverse data.

 

It is also interesting that ALL the companies that I am taking to Court over unfair charges, have all rectified those late-payment markers on my file without me even asking - okay they were only a few '1's but they all offered in their response letters without condition. I think they know that you could argue that they have conducted the whole account unlawfully, and therefore there could be some backwash as to how they recorded the data. by resetting everything to zeros, they are not breaking any DPA laws - as it's not really adverse data - unless you really wanted to be silly and complain about them recording "paid status" when, in fact, you didn't!!!!

 

3) Take the routes shown above and persist, and don't give up. The worst I've had is seven rounds of correspondence, and only when I finally issued a Court Claim, did they give up straight away.

My other claim against the CRA involved, did go to Court and was found in my favour. They couldn't show that I had allowed them to process data after the dissolution of the contract. It was also noted that as I didn't owe them any money, the relevancy of the data being held was not in accordance with the Data Protection Act. Their lawyer argued that the Consumer Credit Act allowed them to convey certain contractual clauses after default, but the judge disagreed that my implicit agreement (at the commencement of the contract) should be one of them.

They also argued that in was in the public interest to retain such data to assist other companies in deciding whether I was a future risk. The judge asked them to consider was I a financial risk to the nation, in that I had not accrued a CIFAS or GAIN marker, nor was this account of vital public interest to protect the nation's stability. He stated that there were was enough other data and information about me, e.g. my status as a home owner, married with children, good well-paid job, etc. for future lenders to ascertain my risk factor.

Interestingly, he did also say to them that unless they were prepared to disclose the mechanics of how risk was calculated (which they hadn't bothered to bring to Court or send in their Allocation) they couldn't prove that historic default markers on defunct accounts had a considerable bearing, or was a major factor, in the whole calculation.

This is a piece of ammunition to use if any of them try the future risk strategy!

 

I only wish that I had thought about the "non-reciprocal and equal clauses" idea when I took them to Court, as that really would have layered on the grief for them.

 

Anyway, I'm not saying that all judges will see it as logically and interpret the DPA or contractual law in the same way, but these are some very rational, logical and sensible arguments to pitch. As long as you can cite the correct sections of the various legislation, then it gives a judge a clear indication that you hjave put some thought behind this and not taken the "it's just not fair" mentality.

 

Hopefully, the companies that you send these to will also realise that you are deadly serious and want the matter sorted. After all, do they really want to battle it out in Court over something that doesn't actually involve the return of any money, or payment from them - this is purely seeking a correction on a data file.

[ppauls150]

The judge asked them to consider was I a financial risk to the nation, in that I had not accrued a CIFAS or GAIN marker.

 

EX537 another wonderful post you are teaching so many people regarding these issues someone send the queen a letter of knighthood for public services lol

 

With the issue on the quote above regarding CIFAS. I am registered with CIFAS, through my own choice which cost me £11 per year. Having this doesnt have a bearing on your credit file does it? I thought that if on there it will just help protect your credit file from being used by other people no, and didnt have an affect other than that lenders just needed to double check who you are when applying for credit?

[Tobes]

XR537 - another cool post

 

I actually tried number 1, asking to remove the default after it had been settled, explaining illness etc but they wrote back saying that they were obliged/it was their duty to record accurate information about me, that removing the default would be innaccurate or whatever...then I sent a CCA request, strongly worded lol that they complied with, as far as i can tell, and now I've sent the 21 day order, but I suspect they will still say no...

[bluemozzer]

There is NO legislation that created the credit reference agencies... just make sure that you understand that point as it is very important.

 

Credit referencing started in earnest in this country when Great Universal Stores started collating payment information on their home catalogue customers. Experian is actually a subsidiary company of GUS.

 

All the credit reference agencies - Experian, Equifax and MyCallCredit - are all non-Governmental companies - they have no legal statute to record data - they just do it, and have done so for so long that people actually believe that they are some sort of official Government agency. They are not - they are multi-million pound organisations that make shedloads of money playing with yours and mine data. Yep, unfair, but there you go... there's others too, e.g. the Motor Industries Insurance register, etc.

 

I have been reading this thread with a lot of interest and after reading the above quote from xr537 i have been having a llok at the CRA sites and found the following.

 

Can I prevent Experian from holding information about me?

 

No. In fact, we have a legal right to hold information about people. Credit reference agencies (Experian, Equifax, and Callcredit) help lenders quickly process credit applications. If we did not hold such information then it would be much harder for you to obtain credit. A good credit record makes it easier for you to get credit.

 

Experian claim to have a legal right, quote taken from their FAQ's 'You and your rights'

I have had a look at the sites of Equifax and Callcredit could not find any reference to them claiming this, though i am sure they would if asked directly.

I am just a little confused on this issue now and would be grateful for some clarity.

[SurlyBonds]

I have been reading this thread with a lot of interest and after reading the above quote from xr537 i have been having a llok at the CRA sites and found the following.

 

Experian claim to have a legal right, quote taken from their FAQ's 'You and your rights'

I have had a look at the sites of Equifax and Callcredit could not find any reference to them claiming this, though i am sure they would if asked directly.

I am just a little confused on this issue now and would be grateful for some clarity.

 

Then do what I did, and formally write to them and ask them precisely what Act of Parliament entitles them to officially (and I emphasise officially, as in Govt. agency type officially) retain data about you!

 

They will babble on about the Data Protection Act, which is not about any legal rights of theirs at all, it is about the collation, storage and processing of your data. Under the Data Protection Act, personal data about you is yours and only you can decide to whom to divulge it or share it.

 

The only "official" authorities listed in the Data Protection Act allowed to hold data on you without your permission, are the Govt and Official bodies listed therein...and none of these three PLCs are listed, as they are money-making corporations not Govt authorities. They are merely licensed under the 1974 CCA and DPA to hold credit data, nothing more, provided you have given them an authority to do so.

 

The DPA states quite clearly that, with the exception of the listed Govt Depts., the data is yours, and the only way it can get onto their books is by you giving your permission.

 

They use the term "legal right" when really, they should actually use the term "lawful right, if you give your permission to your supplier to divulge that data to us".

 

This is actually a very deceptive way of writing the same thing, and I am going the write to the Information Commissioners Office about this comment. Thanks for spotting it.

 

It has been clearly written in such a way as to make most people go "well, okay then...I'll shut up and go away...and pardon me for asking...your obedient servant...please excuse me as I leave your omnipotent website by walking backwards and wringing my flat cap in my hands.":rolleyes:

 

If there was a "legal right" then banks would not have to include such a clause on their contracts, would they? There would no such clauses as "You agree to us supplying account information to credit reference agenincies in relation to your conduct of the account", nor would they have to include it in the Banking Code - see clause 13.8

 

Section 13.6 also states that "we may give information..." not "we are legally entitled"...or "legally mandated by an Act of Parliament to ..."

 

and 13.7 is also interesting as it states that "In these cases, we will give you at least 28 days’ notice that we plan to give information about the debts you owe us to credit reference agencies."

 

Oh yeah?!!!?!?!? When was the last time that your credit card company wrote telling you that they were going to put a "1" marker on your file?

 

Legal entitlement is obtained by way of a contract regulated under the Consumer Credit Act, or another form of civil contract that states it in black and white as negotiated clauses.

 

Once you sign a contract (and providing you didn't cross through the CRA permission clause ...and annotate your signature at that mark) you have given them permission for the duration of the contract.

 

If they terminate the contract, they state quite clearly in their default notices "We have decided to terminate the contract" and, according to the CCA, the only thing that they are allowed to do from that point onwards is recover the money by way of a negotiated new agreement, a DCA, a County Court Order, IVA or Bankruptcy petition. But whatever they do, the contract is finished...they said so themselves!!

 

The CCA states nothing about other permissions being extended "in perpetuty" or after the end of the contract. And even if there was, it would be supeceded by the UTCC Regs by way of Section 5:

5. - (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

 

And 5(5) Schedule 2 paragraphs:

Unfair terms include...

© making an agreement binding on the consumer whereas provision of services by the seller or supplier is subject to a condition whose realisation depends on his own will alone;

 

and Section 8:

Effect of unfair term

8. - (1) An unfair term in a contract concluded with a consumer by a seller or supplier shall not be binding on the consumer.

 

I really don't know how to make it any clearer.

 

All I know is that every request that I have sent to the CRAs asking them for the referenced legislation that gives them this "legal right" has always returned a letter along the lines of "when you signed your contract with your lender, you authorised them to disclose data to us...etc" type responses. i.e. a lawful civil contract type of "legal".

 

"Legal" is just a general term applied to any Law, whether it is the criminal law, civil law, case law, etc...

A civil contract can be referred to as a "legal" contract, just as the Theft Act (criminal law) is also a "legal" statute. Odd thing is that the opposite word "illegal" only really refers to the criminal code...but that's just one of the foibles of the English language.

 

However, what I didn't get back from them was "Well, there's the Credit Reference Data Arbitrary Right Acts, the Credit Reference Agency Formations Act, The Credit Data (Rights of Reference Agencies) Act", etc. because no such bulls**t exists.

 

When I threatened taking all three to Court, two of them didn't even bother to fight it when I put all my previous arguments in my LBA - see thread for examples.

The one that did fight got bounced out of the courtroom by the judge within 20 minutes - he even said that he had read the statements prior to the hearing and was already considering ruling in my favour without recourse to a hearing. But he wanted to give the CRAs lawyer the chance to present any case laws to show good cause otherwise. Needless to say, they had none.

 

I rest my case.

 

BTW, When I changed from my old phone supplier and took out my new contracts with T-Mobile, I signed the self-carbonating agreements but wrote next to the "I have read and understood the Terms and Conditions listed overleaf...blah blah.." statement: "Not read prior to signing, no opportunity to read through and agree yet." and annotated it.

The sales guy didn't even care that I'd put it on there - just separated the carbons up and gave me mine.

 

Cant wait if they ever give me c**p in the future! "Ts&Cs...what Ts&Cs are they then?"

[Tobes]

So could I request directly to the CRAs that they remove all defaulted accounts from my file because the agreements are over and I haven't given my permission to handle my data since the defaults i.e. there's no new contract? I don't mean, like you did, that they can't automatically process my data, that they must manually process it, I mean actually expunge just the defaulted accounts because the contracts have been terminated...I'm just thinking that it would be much simpler and quicker to focus on the three companies that could remove all bad data at the flick of a switch as it were...Or really do I have to contact each company supplying the data?

 

I'd be really interested to hear what you think on this, because I would be willing to give it a go and to take it to court if necessary...

 

What do you think?

 

 

If you think it possible, and I can steal your brain, I would be willing to buy you many, many pints

[andrew1]

I'm sorry if I am hijacking this thread but this is a default nightmare. I started a thread 'Hutchinson 3G HELP HELP HELP!!! but this is the one it should be on there is so much info. can anyone suggest a speedy way to deal with this as on Tuesday if the problems not resolved the house my son has just put an offer on goes back on the market..

 

 

My son has just applied for a first time buyer mortgage, credit history as clean as a whistle except for a default logged by Hutchinson in 2005 and he has been refused the mortgage by Nationwide and HSBC because of it.

 

The phone just didn't operate properly, was always disconnecting and it was the early days of Htchinsons 3g market. The phone drove him mad, he constantly complained and in the end just went to O2 and got himself a new contract. There was a bill for £460 at the end which he refused to pay. ( I'm not too sure how much of that was charges and how much calls, but were trying to get statements.)

He has since cleared the debt so it is showing as satisfied on the credit file.

 

However, when my son contacted Hutchinson they searched their system and said there is only one registered complaint on the system so the default stays. He phoned and complained to them twenty or thirty times to my knowledge about it, so what's happened to all the other complaints?

 

How can he get this default removed so that his mortgage goes through. Its crazy he's 30 yrs old never had financial difficulties 7 yrs full time employment and he's just put the offer in on a house - he really needs to do something very fast.

 

I told him to throw the sales of goods and services Act at them and threaten to sue them for the additional interest rate he'll have to pay as the high street lenders seem to be turning him down it's madness

[Tobes]

He could try, as has been suggested above I think, to explain that situation, try and speak to someone sympathetic, almost plead (who cares - whatever works!)...If that doesn't work then you threaten hell on earth lol look through this thread - xr has produced a letter and order under the data protection act that could be relevant and I think you're right in linking the default to damages i.e. your son would have to pay xtra interest payments...it's clear who is the expert in this thread and it's not me

 

Companies take a while to do anything though, so abject pleading on the telephone might be the quickest route? He needs to speak to someone who actually has the authority though, not just some call centre brain dead idiot...

 

Also, another option for the short term could be to order a copyof his credit report online, so that he gets it instantly, and print it off and take it to the mortgage lenders and show that this is the only bad mark on the file whatsoever (I assume it is) and that it is currently being disputed; they might be able to take that ino consideration

 

oooooh oooh also, I think you have the immediate right to inform the credit agencies that the account is in dispute, so they put a norice of dispute on it....I think that means if a credit check is done it is not included or at least there is some kind of flag - check the credit agency websites...they then investigate it...but in that time he might be able to apply for the mortgage again..

 

Remember, however, that each time he applies there will be a credit search and lots of searches in a short period of time can actually affect his credit rating negatively - it is seen as possibly fraudulent or desparate for credit...

[andrew1]

Thanks Tobe. I have to go right through this thread I agree. I have only just come across it to be honest and my son was kicking everything but the cat he was so angry and frustrated. He has his credit report on line so is able to download it and he has taken it to Nationwide who rejected his application and has now been told by HSBC that the same would happen. Hutchinsons have put an 8 level on his report and defaulted despite the fact that he has cleared the debt. As my son is working he can't spend much time on the phone so I took up the mantle and called the Credit referencing department at Hutchinson but they are adamant that they won't remove it because he didn't pay on time. That was all because of their frigging phone - he was so frustrated with it he point blank refused to pay not realising that his credit rating was being updated each month. He has put a note on the file today but they say it takes 2 weeks to show ( computers are quick enough to put them on though arn't they? )

 

He'd pay a bit because they harrassed him and so on. Their records have not logged all the times he complained so they are saying " any third party looking at the info would form the same opinion that he paid badly". He just went out and got an 02 phone and effectively dumped the hutchinson contract.

 

My arguement is that they have breached their contract albeit there was not the formalisation in the complaints procedure and my lad is saying why the hell did they think he went and got another phone from 02?

 

As speed is of the utmost importance now waiting for a Data Protection Act S.A.R - (Subject Access Request) request will be too long so I am sending off a CCA request for the copy contracts/defaults etc and see what I can get from that but the people I spoke to sounded more manager than call centre pleb but I'm going to take it up again on Monday. What I really need to do is get a letter off tomorrow ( saturday) so that I can attack on Monday. Anybody with any ideas before the morning I'd really appreciate. My lad has to get it sorted by Tuesday if he can and even the CCA request is too long.

 

I threatened Sale of goods and services act, suing etc but it doesn't shake them yet. I thought about a breach of contract because if the thing didn't work they have broken their side of it - the lady there was quick enough to quote that the contract had to run it's full course too. I'm usually good at the softly softly approach so I'll give it another go next week but if anyone has any other bright ideas I'd really be grateful - this 1st house/mortgage means so much to him and his girlfriend I can't sit back and let this happen to him.

 

Cheers and sorry to hijack the thread but I read that it was a bit of an open house because of the quality material coming through. I'd second that but I will read the whole thing in the morning -(Promise!)

[un1boy]

Don't quote me on this but I was under the impression that Mobile Comanies weren't covered under the CCA so cannot place info on a credit file.

 

Only my interpretaiton of info on this thread - can somone else confirm this?

[bluemozzer]

They most certainly do!!!

i have a default registered by O2 even though they didn't both to update the account history for 10 months prior to this. more in depth details on that can be found on my thread O2 Default in this forum.

On a positive though, i have a contract with T-mobile and they update my file every month with 0's.

Whether or not they should be able to enter info with the CRA's; as they seem to imply that the CCA regulations dont apply to them is a matter that i wouldn't mind an answer to.

[SurlyBonds]

XR537 - another cool post

 

I actually tried number 1, asking to remove the default after it had been settled, explaining illness etc but they wrote back saying that they were obliged/it was their duty to record accurate information about me, that removing the default would be innaccurate or whatever...then I sent a CCA request, strongly worded lol that they complied with, as far as i can tell, and now I've sent the 21 day order, but I suspect they will still say no...

 

Note their reply: "obliged to... and it was their duty to record accurate information..."

 

Oh, how very honourable... their duty... what is this nonsense???? Is there some new Boy Scouts badge thay can be awarded for Data Gathering???

 

If these low-lifes had ANY Statutory right to record this rubbish on everyone.. it would have clearly said:

"We are legally permitted under Section x, Subsection y, Clause z, of such and such Act nineteen-hundred and something to record all data relating to the conduct of your account".

 

But, they dont, because they can't... and no such Parliamentary Laws exist...

 

All loans and goods/services are CIVIL matters, and therefore final jursidiction can only rest with a judge interpreting your contract with them. They have absolutely no rights at all to make their own arbitrary decisions, but MUST adhere to the Data Protection Act and the Unfair Terms in Consumer Contracts Act as these are, most defintely, Statutory Laws.

 

In reality, they all actually know this, but the Great British public has, unfortuately, not twigged on yet.. well some of us have;-)

 

It's exactly the same big con that the banks have getting away with with Unfair penalty charges... they were never pulled up because it's non a criminal offence... it's a civil matter determined by your contract with them... and it's up to you to realise this and then invoke the contract and the above mentioned Laws that protect your rights. The banks have no obligation to offer up the money without you asking... we all know that well enough... and it's the same with the CRAs.... they get away with what you don't challenge them on.

 

They are nothing more than parasites, who make shedloads out of yours and mine data.

 

I am looking into the provisions of the DPA and the clauses about Data being stored and processed for financial gain - which is what they are doing. We are analysing this and various case laws to see if something can be done on this.

 

I believe that the Act is quite clear about processing subject data for financial gain without your permission. If that's the case, then I'm happy to throw a few quid into a test case asking for a Court to determine whether them charging a fee to a supplier to do a credit check on ME, breaks these clauses.

 

If that's the case, then I'm going to request a list of every time that I've been searched and the amount they charged the suplier for the search, and then claim it back as a breach of the DPA.

 

I don't ever remember signing an agreement with Experian, Equifax and MyCallCredit allowing them to make money on my data... because none of us gave such permission.

 

However, my permission to the banks, etc., was ONLY to process my data for the purposes of supplying the data to the credit agencies... there was nothing in those clauses alllwoing the CRAs to then assume that they could make money from that data.

 

This is going to take a lot of work but, I think is well worth it, and a paramount test case brought under the Data Protection Act.

 

If I win, then, technically, the CRAs are going to have to start paying us an agreed fee every time they permit someone to do a credit check/search on OUR data.

 

I can already detect from the letters from those that I'm claiming charges back, that they realise this, and have, without exception offered to remove any odd "1 payment late" markers that I had in my payment history. I hadn't even asked for them to do so, but I had raised all these DPA and UTCCR arguments in my letters to them - the ones that I've posted earlier in this thread.

 

Hmmmmmmm, maybe they know we're on to them in more ways than one....:grin:

[un1boy]

Wow, you really are an expert on the DPA aren't you? You have really helped lods of us you knwo - I'm just sending the request for my default notices to two credit suppliers.

 

I don't understand how these are important though - are we meant to sign something agreeing to be defaulted?

 

So, do you think we should all also send the letters removing our info from auto searches and asking them to provide info about charges they make? I didn't wuiote understand what you were saying about this though - you have written to them asking to provide a list of whem you were searched and how much thye charged the crediter?

 

Thanks.

[andrew1]

Well, as promised above I have now read the whole thread and my goodness what a thread. I've been on the forum since March and this is one of the best on the forum I have come across. Thank you Xr537.

 

In my circumstances I am going to fax over to Hutchinson one of your earlier letters asking for the data to be removed completely - by Monday night. I'll post what I send and see what anyone thinks. I should have read the thread first before posting - this is incredible stuff

[Tobes]

I know he is **** hot, if you'll pardon my expression

[SurlyBonds]

Don't quote me on this but I was under the impression that Mobile Comanies weren't covered under the CCA so cannot place info on a credit file.

 

Only my interpretaiton of info on this thread - can somone else confirm this?

 

That depends on whether your contract states " A contract agreed under the provisions of the Consumer Credit Act", or words to that effect.

 

If they are providing services to you a month in advance, then they can argue that they are providing some sort of credit.

 

See what your contract says.

 

However, more imprtantly, see what you agreed to sign in relation to what Credit Data arrangement you agreed to.

 

Did you, like 99.999% of this population actually read through the contract BEFORE you signed it?

 

If the sales person hurries you along, then state that you are reading the contract ...and if they insist, where it says "I have read and agree to the terms anc conditions", write something like "No opportunity to read before signing", or (as I've done before now) "Neither read nor understood", and then initial the alterarion, making sure that it came through on all the carbon copies. Some shops print them onto plain paper and ask you to sign about three copies the same. Simply annotate them them all the same.

 

If they argue about it, threaten to rip up the contract - they desperately WANT that commission after all!!

 

Finally, as with ANY consumer credit agreement, you are allowed a cooling-off period and can send the whole lot back.

[bluemozzer]

That depends on whether your contract states " A contract agreed under the provisions of the Consumer Credit Act", or words to that effect.

 

If they are providing services to you a month in advance, then they can argue that they are providing some sort of credit.

 

 

SurlyBonds

I think what un1boy was refering to was that mobile phone companies, in my experience and after reading other posts on this website, claim not to regulated by the Credit Consumer Act. Therefore what right have they to enter info on to the credit files.

Gone through the T&C's of the o2 airtime contract several times and the CCA is not mentioned once...

[SurlyBonds]

I don't understand how these are important though - are we meant to sign something agreeing to be defaulted?

 

So, do you think we should all also send the letters removing our info from auto searches and asking them to provide info about charges they make? I didn't wuiote understand what you were saying about this though - you have written to them asking to provide a list of whem you were searched and how much thye charged the crediter?

 

Thanks.

 

No, you are not agreeing to be defaulted. The bank has made it's own arbitrary decision to put your account indefault. As bank accounts/credit cards, etc. are regulated by the CCA, they must inform you in writing that they are terminating the agreement and that you are in default of the Terms and Conditions. It is just a letter... you don;t have to sign it, it is purely for your information.

it usually contains loads of shi**t threats and "pay up or we the right to send the bully boys in" clauses, and "we reserve the right to inform the credit reference agencies our our decision" (Note: NOT "we have a statutory obligation to inform them... etc." becuase it is still a civil contract matter.

 

If they don't send you that notice, or can prove that they sent you one (by which, they should have a copy on file) then you technically aren't in default, and the contract hasn't lawfully been terminated.

 

In which case, they can't write to the CRAs and ask them to mark your file as "in default". if they have, it is deemed incorrect data and must be corrected upon serving them notice.

 

In which case, you can send them a Statutory "Subject Data notice" and request that they remove it under the requirements of the DPA. Read the rest of this thread for what you can do then.

 

In which case, they're stuffed.

 

QED. :grin:

[SurlyBonds]

SurlyBonds

I think what un1boy was refering to was that mobile phone companies, in my experience and after reading other posts on this website, claim not to regulated by the Credit Consumer Act. Therefore what right have they to enter info on to the credit files.

Gone through the T&C's of the o2 airtime contract several times and the CCA is not mentioned once...

 

What (and quote it word for word here so I can read it) does your 0² contract state about them having the right to refer your account information to credit reference agencies. Only type out that specific clause - they're usually quite short.

 

Check the whole contract and type it out - in 99.9% of contracts, you can drive the QEII and Queen Mary side by side through the holes in their clauses.

 

I'll show you easily how you can have it knocked out as an unfair clause anyway.;-)

[Tobes]

I'm going to try and take the wonderful arguments from this thread and write to the three CRAs requesting that they remove ALL data pertaining to defaulted accounts (whether settled or not) citing the contract termination argument. If the credit reference agencies are data controllers then I should be able to go straight to them...I'll also include a modified statutory order (leaving out the stuff about automated processes - at the moment I'm not bothered about that, I just want to get rid of the bad data) as was provided by SurlyBonds...I assume they'll still refuse so I'm not sure whether to give them a deadline and then send an LBA or to just send the whole thing as an LBA straight away...Anyway, then I'll take it to court, which will be fun

 

Some of the defaulted accounts are settled, some are not, but I most definitely intend to pay them (removing the penalty charges, of course)...I didn't intend to default but I suffered from illness, my mummy nearly died (so i stopped working) and I was young (and still am!) and so claim stupidity Now once more I intend to be a student so I want to get all of this sorted out sooner rather than later and I just REALLY REALLY resent some organisation or three holding data about me that will affect me for six whole years plus!

 

I'd really appreciate any help in this, though of course I will be taking it seriously and wroking through it myself

[SurlyBonds]

...through a simple data change requested to the Forum Mods...and very impressed was I too... they manged to do it almost instantly and without argument, and without me having to send a Statutory Notice... ...now WTF can't the banks do the same???

 

Yes I have changed my login ID, as I'm going to be using my former handle for a commercial venture, and have had it trademarked, therefore I have asked the Mods to change me to 'SurlyBonds'...after the very famous line in Magee's poem 'High Flight'.

 

However, having said that, I've just noticed that it's quite apt for this website... we all seem to be held to ransom by the 'unfair and surly bonds' of the banks and CRAs! ;-)