Defaulted at least 26 times for the same debt

[triaxiom]

That debt being £15 which ocurred in error because of a billing mistake by T-Mobile, who after almost five years eventually capitulated and removed the default.

 

Now however after acessing my credit account online after quite some time to make sure the default was removed, I've discovered why I can obtain absoloutely no credit accounts.

 

The pond life at Lowell have been seemingly issuing defaults on a monthly basis for the same £15 for quite some time.

 

 

 

Obviously this is wrong, but how do I go about rectifying it asap?

 

Any and all help much appreciated.

 

Thank you.

[cerberusalert]

Complain to the CRA enclosing evidence of T-Mobile removing the default if you can.

[harrassed senior]

It looks terrible doesn't it, I have many of those, they are not actual defaults just monthly updates to say the default has not been cleared.

 

Do as Cerb above says. and think about claiming compensation for damages done to your credit reputation. Make sure you have a copy or two of your files from the other agencies too, as you will need them as proof for your compensation claim.

[NailPost]

Write to Lowell by recorded delivery. Tell them that T-mobile have given up the ghost on collecting this meagre amount and that they do not have the right to register negative infiormation on your credit files. Tell them, in plain simple terms, that they have 14 days to remove these remarks from your credit files. Add that if they refuse or ignore your reasonable request you will take them to the cleaners - or words to that effect. It will certainly cost them more than £15!!!

[Bazooka Boo]

Damages liable for incorrect data on your CRF currently stands at £1000 per incorrect entry! But you not only have to threaten them that you will sue if they fail to remove it, you MUST actually go through with the process of taking them to court.

[triaxiom]

Many thanks for everyone's help so far. Is there possibly a template letter for this somewhere?

[Bazooka Boo]

I would send them this letter first, via recorded delivery;

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/583-letter-to-request-the-halt-on-the-processing-of-your-data

Edit to suit, and inform them that they are to remove the adverse data they have placed on your file.

 

Then if.....when they ignore you, send them a letter before action again via recorded delivery stating a date by which they are to have removed this information or you will pursue them through court for damages.

 

Then again, if they choose to ignore you, should be when you file a claim for damages, but you should seek proper legal advice for that..

[triaxiom]

In March 2011 this is still ongoing.

 

I contacted Lowell and thier repoonse was 'oops' as they had recieved notice from T-mobile in 2009 but hadn't acted on it. The file is now updated as setlled/satisfied. Obviously this is as much use as a chocolate teapot.

I've sent a request to T-Mobile asking for a copy of the original default and the request to Lowell in 2009 to remove the default status, but I'm not holding much hope as I have noticed that the defaults begain in 2006 when Lowell took on the debt. I cant actually find a default from T-mobile.

 

Does anyone have any clue how to approach this, as a phone contract dispute at age 25 is now at age 31 stopping me from obtaining a mortgage. To say I'm frustrated would be understatement of epic proportions.

 

Many, many thanks to anyone that can help.

[slyspy]

from May Experian will be doing this with all defaulted accounts showing up to 6 years worth of them (so potentially up to 72 Ds)

[247orbital]

I think this only shows that the account is in default its no worse than an account defaulting. Its the same as the 000000 which indicate a bad debt.

You can only be defaulted once for any debt and that is by the original creditor.

I'm more concerned by CRA accepting searches after 6 years on your CF. After 6 years in my opinion they cease to have the right to process your data. Then again until these **** are regulated they will continue to do exactly s they wish.

[watchinginvestigation2011]

Shocking. Go after them for compensation, but as said you need to be prepared to go all the way to court.

 

Ooops from them doesnt quite cut it.

 

Remember to record any calls to them if you do communicate on this issue.

[Bazooka Boo]

If because of their poor judgement and error, you are unable to obtain a mortgage, then the claim for damages are considerable, if, and I really hope you fully intend to do so, you take these clowns to court, then some legal advice might be in order?

[triaxiom]

I now have a letter stating explicitly that T-Mobile removed the default that they filed on 28th April 2009, but they can help me no further and to "Contact Lowell financial to update thier records accordingly".

My first intent was to see a solicitor about damages but I'd first like to know about the likelihood of a succesful case. Has anyone else taken legal action in a similar situation and won? Would I actually receive monetary compensation?

 

Many thanks.

[cerberusalert]

Well, the going rate is £1K per default which can rise dramatically depending on the damage done to your credit rating and any impact on any credit applications you have made whilst those defaults were present.

 

Kpophraror V Woolwich Building Society [1996] 4 All ER 119

[harrassed senior]

Is this the only adverse information on your credit file?

[triaxiom]

Is this the only adverse information on your credit file?

Apart from a late payment in the last 3 months. Yes.

[cerberusalert]

Have you had credit refused since those defaults were registered? i.e bank a/cs, mortgage, mobile phone contract, loans etc?

[triaxiom]

Have you had credit refused since those defaults were registered? i.e bank a/cs, mortgage, mobile phone contract, loans etc?

A couple of credit cards I think. Knowing it was there I haven't really tried for credit... I think a couch at DFS, but I can't remember if that was before or after.

[cerberusalert]

Technically they have libeled you & in doing so you have been denied credit.

[triaxiom]

Does anyone know which area of law the solicitor would need to specialise in?