Default Removal Difficulty - carphone warehouse

[charlieboy1986]

Hi All,

 

I’m after some advise.

 

I have recently paid for both credit reports from Experiean and Equifax.

Both have good scores

however I have one issue stopping me from obtaining credit I am looking for.

Back in 2009 I got a default for the amount of £129.

I paid this straight away however it is still on my credit file (stated as satisfied)

however will still be on there until Feb 2015.

Everything else on my credit report is down as excellent bar this which is recognised as being very poor.

I’m doing all I can in writing to the carphone warehouse to get this removed however struggling at present.

They are saying to me they will be breaking the law.

As I understand they wouldn’t be breaking the law and is down to their discretion.

Any advice on how best to move forward and get this removed?

 

Cheers,

 

Charlie

[Conniff]

Welcome charlieboy.

 

They certainly aren't breaking any law by removing it, it is completely at their discretion. Unfortunately all you can do is appeal to their better nature.

 

You can make a section 10 request stating that it is causing you 'unwarranted and substantial damage or distress', but they can respond that they accepts that being refused a loan might be considered financially damaging, but the effect on the customer is not unwarranted, since sharing information about the customer’s payment history with the agencies is justified and because the customer had been informed in advance that this would happen. The company is therefore entitled to refuse to comply with the notice.

[dx100uk]

you say you paid it straight away, was this because you got a default notice?

 

dx

[charlieboy1986]

Hi Conniff & dx,

 

Thanks both for the responses. It became a default in Feb 2009 and was sattisfied June 2009.

[charlieboy1986]

Unsure whether I got a default notice or not. How would I find this out?

[dx100uk]

urm can be a diff one.

 

if you had a DN and you 'rectified' the issue by 14 days of the 'letter'

then the default should not even be there.

 

sadly, a company only has to show one was sent, rath than a copy f it

as the systems used are mainly automated.

 

an sar to carphone warehouse might show it.

 

though were they actually your provider?

 

does the default show against them on the CRA?

 

dx

[charlieboy1986]

Yes both experian and equifax show the default as being with carphone warehouse.

I’ve written a number of emails this week and keep getting the same fob off from them.

I’m still awaiting a response to my last email.

It’s frustrating because even though my own stupid fault my profile since then has been excellent.

I have 2 credit cards with leading lenders with nothing outstanding

however this one "small" default is causing me so much bloody grief.

Again thanks for all help and info in helping me getting this resolved.

[dx100uk]

Hi Conniff & dx,

 

Thanks both for the responses. It became a default in Feb 2009 and was sattisfied June 2009.

 

ok so no dice on the 14 day thingy.

 

have they ever indicated they DID send a dn?

 

dx

[charlieboy1986]

No they havent. They have said that if the default was an error on there part it is no problem getting it removed however as it was due to my own error no can do!

[dx100uk]

right so you actually 'did' miss payment or WHY.?

 

dx

[charlieboy1986]

Yes ive missed the payments.

immaturity, stupidity are words that come to mind.

 

All in all I do take the blame for the situation

 

however, Its a lesson definately learned and me and my family cannot wait until Feb 2015 to sercure the mortgage that we are looking for.

 

We will have missed the rates that are on offer.

[dx100uk]

sadly you are not along

 

many many threads concerning voda doing this

 

IMHO no mobile phone company should ever have the power to prevent a family from getting a mortgege.

 

have you told them the importance of this being remved?

 

like appealling to their better nature?

 

dx

[charlieboy1986]

Hi dx,

 

See below last email I have sent to them. I am still waiting for them to respond.

 

It is not false information as the default has been on there for some considerable amount of time and has been satisfied for the 3 years.

No law is in place (I have checked with FSA) that the default must stay on there for 6 years,

it is down to the discretion of the company.

No law is being broken by you removing it.

I have been researching this issue all week and spoke with a number of people including financial advisors

and again they see no harm in it being removed it is always down to the discretion of the company.

Given that the default is for such a low amount and has been settled for 3 and a half years

they belived that I would have found it easier than this to get this removed.

I would hope you can appreciate my situation and understand that this is simply something that I cannot leave alone as for the next 2 and a half years

we will be affected by this and will be unable to progress further.

The financial difficulty that we are all experiencing at the moment due to the reccession is difficult for everyone

and all buisnesses and its in situations like this that it doesnt help improve matters.

I would hope that you can understand that

1. It is a small amount and is the only negative factor on my credit file.

2. It has been settled for over 3 and a half years

3. You are not breaking any laws by removing it.

 

I look forward to your prompt response.

[2Grumpy]

The ICO advice is that defaults for small amounts like this should not have this kind of impact.

 

The mobile company have been made aware countless times that they do.

 

You are correct - they can remove this at any time - if necessary by removing it entirely.

 

If your mobile provider don't remove the default and it does prevent you from getting the mortgage so you don't get the house, it might be worth consulting a solicitor - maybe a no-win no-fee variety & seeing if you can take them to the cleaners (was it fergusson v british gas?)

Edited August 28, 2012 by 2Grumpy

[charlieboy1986]

Hi all,

 

Thanks for all the responses.

 

It is with carphone warehouse and my service provider was O2. They are still playing hard ball and saying that there is nothing that they can do and I will have to wait another 2 and a half years. I have sent another email back including all the advise I bhave been given from all the responses to this thread. I will await there response. Im more frustrated at myself for obtaining the default in the first place however my credit report on both experian and equifax is excellent apart from the default for £129. It has been settled for 3 and a half years and I just hope that they can show a bit of empify and get this removed. If after there reponse they are still playing hard ball I may try a "no win no fee".

[Noshovel]

How did you get on?