EE registered a default after 13 years.!

[erinbrooke]

Hi all,

 

Is this even possible?

 

We have no idea what its in relation to but EE have registered a default against my wife for £56.

 

We have had no correspondence and have not lived at the address on their files for over 6 years.

 

We have actually been customers of EE for 20 odd years even back to when they were T-Mobile which is when the debt originated apparently...

 

When she has rang them tonight she was met with a rather stroppy customer services agent and told it was in relation to a SIM only sim card from back in 2008.! They have now passed the debt over to Moorcroft and washed their hands of it, but recently registered the default.!

 

Can they even do that??

[dx100uk]

no its statute barred.

[erinbrooke]

Well that's what we thought as well, but they seem to think they can and have.

 

What would give them the right to do it?

[dx100uk]

i will assume the sim card never got used nor ever got any payment...

they can't register a default on a dormant account that old...left leg right leg.

 

pers id be writing , give them 14 days to remove the erroneous default on an account that has not been used nor paid since (year) which is clearly statute barred . should you fail to do so, a serious complaint will be made to the ICO, including a claim for financial damage resulting from a trashed credit file

[erinbrooke]

So would we write to EE or Moorcroft.

 

According to the charming man at EE the account was now closed and out of their hands..

 

Would we question the default directly with Equifax as well?

[dx100uk]

moorcroft don't buy debts

their stated client is EE?

 

the debt is statute barred pursuant to the provisions of The Prescription and Limitation (Scotland) Act 1973, Section 6 
 If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract,
 in excess of 5 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.
 under scottish laws the debt is now totally extinguished 

[FruitSalad1010]

If this was in England and not Scotland, under what legislation would it possible to bring a claim for mis-use of the credit file.

Unless it has a material impact on an application for credit it will be difficult to demonstrate any actual loss for the purposes of a claim.

Could an option perhaps be to bring a claim for the distress of having a credit file incorrectly marked?

[dx100uk]

create your own topic please.