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footix2

Removing small defaults - Lowell & T Mobile

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Hi. I have 2 small debts (from telecoms companies), caused by my own silly oversight at the end of contracts.

 

 

The Lowell one originally came from o2 (for £42), and I recently settled this in full. The T Mobile £20) one I about to settle, but I am going to use repayment as a leverage for having the default removed.

 

 

These are rather low amounts, so I was wondering what my chances are of having them removed, by either cajoling or threatening them with legal action if they can't prove the defaults were served correctly.

 

 

A copy of my letter (I've changed it slightly to suit each instance) is below:

 

 

 

After recently obtaining a copy of my credit file from the credit agency, I was extremely concerned to note that you'd added a default notice against me on 01/02/2012. I feel this default entry was not only added unlawfully but also without merit. Doing so has immediately put you liable to a breach of Consumer Credit Act 1974, in particular s.87(1) of said Act;

 

Section 87(1) of the 1974 Act allows the creditor to send you a default notice giving you fourteen days from the date you receive it to pay the arrears. The default notice must contain all of the necessary information under the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 ('the 1983 Regulations'), which includes;

 

 

a statement saying the notice is a default notice served under section 87(1) of the CCA1974

 

 

a description of the agreement

 

 

the name and address of both the debtor and the creditor

 

 

details of the breach (i.e. late payment) and, if the breach can be remedied, the date by which it must be remedied or, if the breach is not capable of remedy, the amount required to be paid after the expiry of the specified date;

 

 

 

I never received any such notice and as a result I contest the accuracy of the default and until such time you can provide proof that you complied with the above Act, you must remove all derogatory data from the files of any credit reference agency.

 

I am more than happy to issue you a Subject Access Request which should include a copy of the documents I request, which I am hopeful will include a copy of said termination and default notices which, if they are missing, will leave me no alternative but to seek legal enforcement via CPR31.16. Without sight of said default notice, I cannot argue the authenticity, enforceability or execution and therefore will use this as my claim if I am forced into taking legal action, all costs will also be claimed.

 

This account has been settled in full with Lowell recently. A default for such a small amount does not represent a true reflection of my credit worthiness. Given my action to clear the balance in full, it would, however, be in both our interests if you simply agree to remove the default being there are so many inconsistencies with the alleged default notice, the execution, the enforceability and the legal compliance that you must surely have no other alternative but to remove it, least of all as a gesture of goodwill? As I was never in receipt of any of the statutory documents (Notice of Termination of Contract; Notice of Assignment or Default Notice) then the actual default notice that is shown on my credit file is unlawful and should be immediately removed. I do not want to take this through the courts but I will enforce removal by judgement if necessary, at the end of the day you have acted unlawfully by not issuing a fully compliant and correctly executed legal document. Therefore, assuming you are happy with my proposal please confirm, in writing on letterheaded paper, the following points will be carried out;

 

 

 

 

a) The Default Notice will be removed

b) The Status of the account will change from “Defaulted” to “Settled”

c) The Current Balance will appear as £0.00

d) The Default / Delinquent Balance will be set to £0.00

e) There will be no date in the “Defaulted Date” field (as it will be removed)

f) There will be no date in the “Date Last Delinquent” field on the report

g) This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit

 

 

Failure to agree will result in more formal papers being sent, by return and in the meantime, I look forward to your response within the next 21 days.

 

 

 

As I said in the letter, these are for such small amounts and have an adverse effect on my credit file, when reality I manage to pay debts totalling Circa 15k with very little problem (and I am in fact reducing my debt levels each month).

I also read that Lowells routinely removed the entry completely from credit files on full payment. Their letter to may certainly didn't say that, so is this true, or am I going to have to fight to get it removed.

 


23.08.06 requested copy statements via phone, was promised call back (it never came) :mad:

25.08.06 Statements recieved :)

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these are service contracts

 

they don't have to issue default notice at all

 

that letter is FAR to waffling and 90% is unnecessary.

 

dx


..

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Hi. I have 2 small debts (from telecoms companies), caused by my own silly oversight at the end of contracts.

 

The T Mobile £20) one I about to settle, but I am going to use repayment as a leverage for having the default removed.

 

 

 

You had better realise that you have no leverage over them - and certainly not for £20 ... and even if you did, they would rather cut the legs off their own grannies than remove entries from your credit file.


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There is absolutely no reason for these defaults to be removed, they are a true record of the conduct of the accounts.

 

 

When paid the files will be marked satisfied and will remain on file for the balance of the 6 year life of the default.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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There is absolutely no reason for these defaults to be removed, they are a true record of the conduct of the accounts.

 

 

When paid the files will be marked satisfied and will remain on file for the balance of the 6 year life of the default.

 

 

Brig is correct,however you don't say when the Default occurred?

 

 

Another thing is if somebody placed a default on my credit file for the sake of £20 they could go and whistle for their £20!

 

There is absolutely no benefit to ”settled" being added to a Default, its still regarded as negative


omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Default entries are marked "satisfied or partially satisfied" if payment is made.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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They happened last year BTW.

 

I'll probably still pay it, just for the sake of not having it hanging over me.

 

I;ve trashed my credit file for several years now then.

 

I've got lots of other debst I never miss payments on,

and I may be in position to rapidly reduce the balance of all my debts to zero.

 

Will this kind of good action, negate them degaults in the long run?

 

I have no plans to take out any credit in the short term,

but I may wish to move house in the next couple of years,

and I expect this will make getting a mortgage tough.

 

Though I do have a Halifax mortgage which I have ran without incident for 6.5 years,


23.08.06 requested copy statements via phone, was promised call back (it never came) :mad:

25.08.06 Statements recieved :)

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sadly it wont matter what you do if any markers or defaults are present.

though remember that any account with a defaluts in the summary line

the whole account will vanish on the defaults 6th birthday

paid up or not.

 

are these accounts still with the original creditors

or are they listed as owned by a DCA?

 

I have had good success with DCA owned account with defaults on.

 

out of several debts a neighbour had

 

5 dca's agreed to remove the defaults [and thus the whole account] last year

 

one was for just £15!!

 

dx


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The O2 one is with Lowells I have also paid it in full recently. The T-Mobile one is still with them, and I haven't had contact with them for several months now.

 

Would a better tactic be to wait until they sell it to a DCA and see if I can convince them to remove it instead. Judging by what I have read. T Mobile are an impossible nut to crack when it comes to defaults.

 

I have also heard that Lowells have been known to routinely remove the entry completly upon settlement

 

Anyone have a good template, to at least try the godwill route with Lowells.


23.08.06 requested copy statements via phone, was promised call back (it never came) :mad:

25.08.06 Statements recieved :)

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I think that there is need of legislation/guidance or both regarding the placing of defaults on very small debts, the worst I have seen is £1.20 from a telecoms provider, but many are between £5-£25 and trashing a persons credit file for this is I think unfair and unreasonable.

 

 

Perhaps a level of £75-£100 would be more reasonable?


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I'm with you on this, but it is what it is at present.

 

It also seems all the more annoying, that your credit file is trashed, by what in essence isn't even a credit agreement.


23.08.06 requested copy statements via phone, was promised call back (it never came) :mad:

25.08.06 Statements recieved :)

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Would be worth asking Lowell to produce the notice of assignment or even pursue the possibility that Lowell defaulted me, rather than the original creditor (O2). I have seen reports of success from both of these tactics.


23.08.06 requested copy statements via phone, was promised call back (it never came) :mad:

25.08.06 Statements recieved :)

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the cra file is not just for consumer credit

its lots of things sadly now.

 

I think at this stage and going by past thread

it matters little who placed the default

 

your certainly not going to get it removed by questioning paperwork/assignment etc.

 

even if those don't exist

its still not a reason for a default removal

 

most if not all of these gadget defaults are placed by the operator before sale.

 

you could write to both the gadget provider and the owner now

 

asking if they would kindly remove the default if you were to offer full payment.

 

dx


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