Equifax / Talk Talk

[1manteam]

I thought I would take a look at my credit reference report yesterday. All in good order until I got back to 2005/06 where I noticed that Carphone Warehouse via a Talktalk contract I had for my Broadband at the time registered a debt/late payment and default on me for the contract I held with them.

 

It took some digging but i seemed to remember that this was in the early days of talktalk when they had some appalling customer service experiences involving non-delivery of services and misinformation of service staff, for which I think they were eventually fined by the regulator?

 

I also remember complaining through Otelo and getting the usual substandard investigation and outcome whereby all the telecom provider has to do is say they have no record of any correspondence and they get let off with a derisory ca. £30 penalty whilst i am required to draw blood out of a stone when providing the specifics of my case. I did however, get this verdict which included them writing off money which I was previously supposed to pay for a service I didn't have! Talk talk had originally even started charging me prior to connecting my Broadband!

 

What can I do so Talktalk, now merged with Tiscali I think, will remove this and how can I obtain compensation for the fact that this has been on my credit record for 5 years?

 

Thanks for your help in advance.

[renegadeimp]

Chances are you wont obtain compensation as they have a right to add a default if you havent paid a bill or are late paying for whatever reason.

 

As for removing it, if it was in 2005/2006 then it will naturally fall off your file within the next few months.

[1manteam]

Chances are you wont obtain compensation as they have a right to add a default if you havent paid a bill or are late paying for whatever reason.

 

As for removing it, if it was in 2005/2006 then it will naturally fall off your file within the next few months.

 

Thanks, but presumably if they have been instructed to by the Ombudsman and have agreed to and not followed through with this instruction, then they are in breach.

 

Furthermore, if I have received no notification of an outstanding balance, and/or they have breached the terms of their contract to supply me with Broadband, then what you've said doesn't apply?

 

Shouldn't I be eligible for compensation for this smear on my credit record that has been wrongfully applied?

 

Thank you

[renegadeimp]

Most definitely they are in breach. However, they could ask why you took so long to contact them. Especially so if you are trying to claim compensation. If they didnt provide you with service, then technically you should have chased them up back then. They and a court would again want to know why you left it for almost 6 years to chase it up and then demand compensation.

 

 

Now, i'm not saying you aren't entitled to it. Far from it. I'm just stating the way they could look at it.

[1manteam]

Most definitely they are in breach. However, they could ask why you took so long to contact them. Especially so if you are trying to claim compensation. If they didnt provide you with service, then technically you should have chased them up back then. They and a court would again want to know why you left it for almost 6 years to chase it up and then demand compensation.

 

 

Now, i'm not saying you aren't entitled to it. Far from it. I'm just stating the way they could look at it.

 

Thanks,

 

The reason I didn't get back in touch was because Otelo had informed me and Talktalk that they were to write off the amount etc, so until I checked with a credit reference agency yesterday, I had no idea that they had not followed the direction given. I made a complaint with them at the time and followed that up by contacting Otelo.I think a court would find this reasonable?

 

My question is whether this could have affected my credit rating, job applications etc during the period? Also, what route I should take to get them to remove it and if I would therefore be entitled to compensation, how I would go about obtaining it?

[renegadeimp]

If you have a default on there, then it is 100% certain that it has affected your credit rating in some form or another.

[1manteam]

If you have a default on there, then it is 100% certain that it has affected your credit rating in some form or another.

 

Then surely they could be in for some serious compensation claim. Would it come up with Kroll reference searches and lead to things such as higher APR's on credit cards?

 

Should I write to them with a letter before action saying, "it's come to my attention..."

[renegadeimp]

Im not sure, but i think you would have to prove it, unless there is already some kind of precursor.

[1manteam]

Im not sure, but i think you would have to prove it, unless there is already some kind of precursor.

 

Sorry. What do you mean by a precursor? If they have put a stain on my record that is without merit then isn't that sufficient? They sign up to Otelo voluntarily so presumably they have to abide by their rules?

[BRIGADIER2JCS]

You will have little or no chance of any compensation of any

sort for this having failed to ensure that you were managing

your finances by checking credit files after the events you have

stated here.

From what I see you should have challenge the default/late

payment at the time, even so I think it was correctly place,

but perhaps unfair to some extent.

[1manteam]

You will have little or no chance of any compensation of any

sort for this having failed to ensure that you were managing

your finances by checking credit files after the events you have

stated here.

From what I see you should have challenge the default/late

payment at the time, even so I think it was correctly place,

but perhaps unfair to some extent.

 

I don't mean to be rude, but I think due care and attention to process has to be made before making comments here.

 

1) I followed the company complaints process.

 

2) This, having failed, led me to follow the Ombudsman's process. This commits the telecoms provider to the proposed outcome which in my case was an apology and the eradication of any "disputed" outstanding balance, i.e. it was challenged!

 

3) One surely can't put a blemish on someone's credit record without notifying them of a debt and warning them of what you plan to do. In this case, I would have picked it up.

 

4) It is not incumbent of me to pay regular visits to credit reference agencies and pay for the privilege of doing so on the off chance that someone makes a spurious and legally in enforceable claim against me?!

 

5) my finances are managed by the fact that I pay all my bills and have many years consistent and complete payment records on credit with the exception of this spurious and malicious isolated sum of £14! This, consistent with the general incompetence of the company in question which later resulted in a regulatory fine, should not under any circumstances given rise to this outcome, for which they should surely be held to account.

 

I have simply asked for advice, which, if you don't feel qualified by experience to answer, I would find it more helpful if you kept general opinion withheld.

 

Thanks all the same.

 

3)

[renegadeimp]

The main issue here is the amount of time that has passed. Before even agreeing to compensation, they would indeed question why it has taken so long to check and come to this complaint.

 

What you need to do, if you already havent done so, is to write a formal and full complaint to the company in question and get their official response on the matter. Make sure you address it to the Data Controller and not a monkey on the helpdesks.

 

Follow official channels and get full and written Final responses from each party involved before you consider suing for compensation.

[1manteam]

The main issue here is the amount of time that has passed. Before even agreeing to compensation, they would indeed question why it has taken so long to check and come to this complaint.

 

What you need to do, if you already havent done so, is to write a formal and full complaint to the company in question and get their official response on the matter. Make sure you address it to the Data Controller and not a monkey on the helpdesks.

 

Follow official channels and get full and written Final responses from each party involved before you consider suing for compensation.

 

Thanks. I'll try that and see where it gets me.

[BRIGADIER2JCS]

It is totally your responsibility to ensure that YOUR finances are correctly

reported you cannot in that any individual or company can be resposible

for events you have failed to keep track of!!!