Reply received for CCA Request, Need Help

[TJHooker1]

hi

 

I noticed a default on my credit file, (surname name mispelt, but similar to mine?), so I wrote to HFO the debt collector registering the debt and asked for a CCA and default notice and if they dont have it to remove the default as they are legally not entitled to do so, also said name was wrong too!

 

They have sent this back quoting goods and service act 1982, I have a inkling this is BS so I need a fight back letter. Thanks for looking

[maroondevo52]

Hi,

 

This link should help............

 

http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/70464-mobile-phone-companies-consumer.html

 

Regards.

 

Scott.

[TJHooker1]

thanks

[TJHooker1]

okay, read it,,,,, so how can they register a default when I did not enter into a credit agreement allowing them to report my data?

I thought they could only report to a credit reference agency if I signed an agreement.

 

also the name they have registered the debt in is not mine(similar though)

Edited September 29, 2009 by TJHooker1
added last line

[maroondevo52]

Hi,

 

Sorry, Defaults are not my strong point hopefully someone else will give you some help.

 

Regards.

 

Scott.

[fredbassett]

when you agreed to the airtime agreement/contract there would have been a clause included which advised that your payment history would be provided to the credit reference agencies. they are not obliged to send you a default notice but usually will send a letter advising that a default will be recorded for non-payment.

[debt4get]

problem with getting default removed is, unless it is not your debt, the company would argue that you did enter into a contract with them by using their services, you could force them to remove it by taking them to court, but it would be a long uphill battle, though it is possible

[TJHooker1]

debtforget, thats the answer i thought " a long up hill battle"

 

I dont see how they can say i entered a agreement with them when they have no paper work to substantiate this, so in court I would surely win.

 

Maybe I should register a default to them under the goods of service act 1982 and reply that i dont have to provide evidence of debt, this is mental.

 

What do you think the ico would say,, also the debt on my cra file is under a name I have never used(quite similar to mine though)

[debt4get]

if they have no paperwork tying you to this account, then yes it should theoretically game over for them...if what you say is correct you should be reporting them to whoever will listen, ico, ts, etc etc

[debt4get]

and issuing a demand that unless they remove default you will be taking them to court to force removal

[TJHooker1]

They have sent the last bill (oct 2005)and several itemised bills, although the surname is incorrect.

 

Dont fancy taking them to court as I have heard horror stories of losing and paying 20k costs