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Help - 1st time buyer in need of Carphone Warehouse default removal

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Hi I'm new to the forum but am really hoping someone out there can help me.

 

I had a contract mobile phone from the CWH in 2003/4 which was with a network called Fresh. The account was in dispute (incorrect phone calls/times etc) and i thought i'd settled the account with a letter to CWH and a cheque for a final payment of £260. They cashed the cheque and I've never heard from them since (this was in Sept 2004). I got a real shock when I tried to get a mortgage last week and up came the default on the lender's computer screen - it had 2 dates on it: 2002 - 2008 which is confusing.

 

The problem is - I've had an offer on a house accepted and the Yorkshire Building Society are no longer willing to offer me as much money as they first did (15k less to be exact). A day later they called back to say they've spotted i have a loan also (which i do but i am paying the final 5payments off before i get the mortgage so that's why i didn't disclose it at the time). They said even if i pay the £352 i (apparently) owe the cwh and the remaining £1000 i owe santander for my loan that i can only have 15k less than original. this means i won't be able to afford thsi house:(

 

How do i get this default removed if i'm willing to just pay the cwh the £352? I really don't want to and may even fight them for this again (i have the itemised bills from all those yrs ago still).

Also, does anyone know where i stand with this mortgage application? help!

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Even if yoy pay, it will still show up, but as paid or satisfied. So not really what you want. To get a removal, you need to prove the data is erroneous, and for this you'll need to go through he dates carefully. If you can prove the default should have been placed in June 2004 or earlier, it needs to come off. If they were tardy in placing the default or if a third party did it, again - check the dates. It has been held to be unreasonable if the defailt is not recorded within 6 months of the action taking place.

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a pal had a cpw default he was of the belief the account was paid off at the termination of contract. it was preventing him get a job with rbs. he was lucky enough that cpw agreed to remove default on payment of the outstanding balance and the threat of court action for damages for loss of earnings. perhaps you should go down a similar route for a quick resolution, obviously amending the reason being that you suffered the loss of the required mortgage.

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Thanks buzby and craigers. I'm awaiting some legal advice at the minute so will let you know how i get on. There's a lot there that I can go on which is giving me some hope now!

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