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Defaults & the CCA / DPA


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I couldn't see whether this question had been covered before so I'd better ask.

 

My other half has three satisfied defaults on his credit report, from Three, O2, and Vodafone.

 

I've SARed all of them and none of them ever issued a paper default notice, three and O2 never even sent a reminder or final notice.

 

It has been suggested elsewhere that it is illegal to record a default marker against an account that is not subject to the Consumer Credit Act, however I doubt the reliability of this suggestion.

 

However, what regulations are there surrounding Telecommunications providers and Defaults? They aren't regulated by the Consumer Credit Act therefore are under no obligation to comply with it.

 

They are merely regulated by OFCOM and the ICO in regard to the way they handle data.

 

I ask, because my other half has never defaulted on a credit agreement. He's come close, but always rectified the issue when he gets a reminder or final notice. He's not missed a payment or been late on anything on over three years now and the only thing stopping his credit file from being immaculate is the defaults from mobile providers. He owes very little (just one credit card about £900) and doesn't have many accounts open (just enough to keep a decent history of paying on time).

 

As soon as we noticed the defaults on his credit report, he called them to satisfy the accounts straight away - there was never intention to withhold payment, he just forgot how many concurrent contracts he'd (stupidly) taken out and they never reminded him to pay!

 

Any advice you could offer would be muchly appreciated!! :):D

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  • 2 weeks later...

I used this technique to remove a Carphone Warehouse default earlier this year:

 

How to attempt to remove a Default Notice | LearnMoney.co.uk

 

They didn't even send me a default notice before registering a default on my credit files, so its pretty hard for them to find it and send me a copy! So they eventually removed it.

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hacksaw,thank you for posting this link,just what i have been looking for.

 

I am trying to get a default removed that a DCA placed 2 years after an account was defaulted,no default was sent because the debt is'nt ours,as it turns out the debt is statute barred anyway.

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Yes i do,it's Bryan Carter in the debt collection forum,i don't know how to link it here.

 

BC are attempting to collect on behalf of arrow global,it's arrow that placed the default on the credit file 2 years after the last payment on the account according to the statement they sent.My OH has disputed the debt from the outset.As he has never had an mobile contract with the provider they have stated.

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