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fightingthecause

Robinson Way/Utilities Bill - Default on Credit File

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Hi,

 

Upon checking my equifax file I noted a Default on it from Robison Way for £780 - this was apprently for utilities at my mums old address. They say the time of it starting was 8 months after I moved in with my boyfriend.

 

Previously British Gas had contacted me about an amount of £500ish which I disputed simply because I never had any utilities in my name when staying with her!!

 

Now I have emailed Robinson Way - who have not once contacted me - by email noting this dispute (I have also disputed with equifax - and I attach below what I wrote:

 

From:

Sent: 30 June 2010 10:13

To:

Subject: DISPUTE OF ACCOUNT

Importance: High

 

 

 

To whom it may concern:

 

Upon checking my credit file it appears your company has registered a "Default" on my file on behalf of a utilities company.

 

The address of the default is XXXX and apparently was opened on the 16.06.2006.

 

At that time I lived at XXXX and had done since November 2005 I am happy to provide proof of this.

 

If this default is not removed immediately I will be contacting the OFT etc along with my lawyer as I am SICK of defamatory entries on my file.

 

Also I would like to note I never received a notice of Default at the time you entered it on my file (11.05.2009) - therefore you are in breach of the CCA. I note the legislation below - just for your information.

 

A default on a disputed file in against the law and if it is not rectified immediately I will exercise my rights to their full extent.

 

I look forward to hearing from someone.

 

Regards

Carra O'Neil

 

s.87 - Need for default notice

(1)
Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,

(a)
to terminate the agreement, or

(b)
to demand earlier payment of any sum, or

©
to recover possession of any goods or land, or

(d)
to treat any right conferred on the debtor or hirer by the agreement as terminated, restricted or deferred, or

(e)
to enforce any security.

(2)
Subsection (1) does not prevent the creditor from treating the right to draw upon any credit as restricted or deferred, and taking such steps as may be necessary to make the restriction or deferment effective.

 

(3)
The doing of an act by which a floating charge becomes fixed is not enforcement of a security.

 

(4)
Regulations may provide that subsection (1) is not to apply to agreements described by the regulations.

s.88 - Contents and effect of default notice

(1)
The default notice must be in the prescribed form and specify

(a)
the nature of the alleged breach;

(b)
if the breach is capable of remedy, what action is required to remedy it and the date before which that action is to be taken;

©
if the breach is not capable of remedy, the sum (if any) required to be paid as compensation for the breach, and the date before which it is to be paid.

(2)
A date specified under subsection (1) must not be less than seven days after the date of service of the default notice, and the creditor or owner shall not take action such as is mentioned in section 87(1) before the date so specified or (if no requirement is made under subsection (1)) before those seven days have elapsed.

(3)
The default notice must not treat as a breach failure to comply with a provision of the agreement which becomes operative only on breach of some other provision, but if the breach of that other provision is not duly remedied or compensation demanded under subsection (1) is not duly paid, or (where no requirement is made under subsection (1)) if the seven days mentioned in subsection (2) have elapsed, the creditor or owner may treat the failure as a breach and section 87(1) shall not apply to it.

(4)
The default notice must contain information in the prescribed terms about the consequences of failure to comply with it.

 

(5)
A default notice making a requirement under subsection (1) may include a provision for the taking of action such as is mentioned in section 87(1) at any time after the restriction imposed by subsection (2) will cease, together with a statement that the provision will be ineffective if the breach is duly remedied or the compensation duly paid.

 

Now - have I done the right thing in this instance? and do I just wait to see what they do about this?

 

any advice would be appreciated.

 

FTC xx

Edited by fightingthecause

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You should remove any personal information, including those addresses from the post.


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A Default Notice and the CCA 1974 does not apply as there is no credit agreement for utilities. It is a bill for a service and can only be queried on whether or not it is your bill and whether or not it is accurate. You need to send the CRAs proof that it cannot be your bill or that the amount on the bill is wrong otherwise they will just say that Robbersway state the bill is correct and should remain on your file. If they then don't remove it, you can complain to the Information Commissioner that Robbersway registered a default on your credit reports without any legitimate business reason to do so.

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Hi

 

Thanks for the reply - I don't understand the bit about the Default not being applicable - how can they lodge one in this case then?

 

The issue is that it is for bills I have already disputed i.e. informed British Gas they were not mine i.e. they tried to say I had taken gas/elec from them in 1995 (When I was 14!!!) when I pointed out how ridiculous that was they seemed to go away. This was in 2006 - the last I hear of it.

 

Then 2009 these "Robbersway" folk stick a default on and have not once been in contact with me!

 

FTC

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A default on a credit record is not dependent on a Default Notice. A default on a report indicates that the relationship between the firm who issued the bill and the customer has broken down ie the customer owed the bill and didn't pay it. You will find all the info about filing defaults on the Information Commissioner's webpage, Data Protection Section, Technical Guidance on filing defaults. You will be able to get this removed alright once you have sent the CRAs evidence that the bill couldn't possibly have been yours.

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Great thanks!

I'm dealing with someone via email just now who seems to be trying to help - though I got the "we don't have any trace and wouldn't lodge a default" so I've scanned a copy of the file showing them - will wait and see!

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Wow - thought I would follow up with the guy's response - super helpful..

 

Hi XXXXX

Thanks for that.

I have requested that the entry be deleted from your credit report.

I have put the request in today so it should be deleted by tomorrow or at the latest by Thursday.

Please check your report and if you have any queries don’t hesitate to contact me.

Thanks

XXXXXXXX

Trace Performance Manager

I said thanks and got this response...

No probs at least it’s getting sorted

Best of luck with sorting out your credit report

Regards

Thought I should commend them on their quick response and helpfulness!! They are obviously not all bad :)

FTC

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Great! Have you checked the other CRAs as well? Equifax,Experian, Callcredit.

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Well it was checking Equifax that I found out about it lol.

Experian I have just checked and call Credit is clean - mad isn't it!

It was this site that encouraged me to cross-reference all 3 - so glad i did now or I'd not know about this stuff!!!

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:D

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