Removing a 3 default?

[jmuggali]

Hi, after reading up on defaults by phone companies I have set about removing a default registered on my credit file by 3 in 2005, it wasn’t until I bought a buy to let property that I even knew about the default, as I have been trying to repair my credit rating since leaving collage, A default notice would have been prioritized if I was aware of it. On my credit file it appeared I had defaulted for £81 however when I contacted Experian they investigated it, contacted 3 and they came back with it being settled, this was as much as Experian could do apparently.

Now I had canceled the contract and moved to Orange after my 12 months were up and the 3 phone was cut off and to my understanding paid up in full.

After doing some reading I see that they are not the same as removing a default from a credit agreement, I was going to use these letters on here http://www.learnmoney.co.uk/credit-cards/remove_default_notice.html however am I right in thinking that that would be wrong?

 

What is the best way of attempting to get this default removed as I am 100% sure that I did not receive any notice of this default? And I’m sure the correct procedure wasn’t followed. Any help would be most appreciated, thanks James.

[buzby]

Yes, you'd be wrong. Your agreement was NOT regulated by the CCA, this was simply a service contract so not 'Notice of Default' is required. You were simply defaulted because you didn't pay your bill - something they can do easily. See the 'sticky' (above) on Mobile Phones and the CCA.

 

http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed-broadband/70464-mobile-phone-companies-consumer.html

[jmuggali]

Thanks for the reply, I have read many of your posts which have been very helpful, I have gone straight to the credit scoring companies as I didn’t actually owe the money, 3 have ignored all my polite letters so far. Equifax were the ones who got the defaulted £84 removed and now shows as settled, but as I didn’t owe the money this is not satisfactory. Experian who proved very helpful have now raised the point with 3 and should they not answer satisfactorily within the 28 days they can remove the default, The nice bloke I spoke to said that means if they haven’t got my papers in order they can’t keep the default on my credit file. Wouldn’t have minded so much if I did owe the money. Thanks again James.

[buzby]

This is one of the most useful 'get outs' that still remains useful to consumers who want to clear their files, the problem is when a firm (mobile phone network) employ enough people who simply say to Experian that the debt exists and/or was valid. The CRA won't seek clarification or 'proof' that the debt existed, just the work of the firm making the original complaint. Now, with 3UK and their Indian Call Centres, this becomes as much of an issue (for them) in the same way UK customer's don't get satisfactory communications. CRAs are pretty much in the same situation, and if their enquiries are not resolved, the disputed files are cleared because the network is not prepared to assert that their data is correct.

 

Not an ideal situation you'll agree - especially for those firms who just want to be vindictive - but at least there is hope!

[jmuggali]

Well I have a reply from Equifax, pretty much the same as I received last time with them, my big issue with 3 is that I didn’t owe them the £82 in the first place so I don’t want it shown as settled I want the default removed, the response I received was so typical of “the computer says no” attitude large companies are taking.

 

“I have conducted a full review of your 3 account and I can now confirm that your Credit file has been amended to show outstanding balance has been paid and account is now settled. The payment history will remain on the credit file as a true reflection of how the account was managed. Please note this can take up to 30 days to take effect. Regards, 3, Credit Referrals”

 

Word perfect answer to my last complaint to Equifax, another thing that has annoyed me with this is the way Equifax close the issue with the statement “solved”! It’s far from that.

 

My only hope now is the nice guy at Experian doesn’t receive the same cut and pasted email.

[buzby]

I'm a little confused - Equifax would have no idea that the debt listed originally was unjustified, only 3UK could ascertain this - so the next step from having it correctly shown as 'settled' is to get 3UK to remove it as the only reason it was there was because of their billing error. No?

[jmuggali]

I agree, but 3 do not respond to my letters or phone calls so my other option was to ask the CRA’s to question it, however obviously they don’t have to have proof of the default just a response from 3 which is more than I seem able to do. I suppose it was in hope that 3 responded to them as efficiently as they do with me that would be one way of removing the default.

[buzby]

Is there any documentation you have from 3UK that admits to their original error? CRAs would accept this in the absence of a formal response on the cause of the problem.

 

Alternatively, you could write by RD to 3UK admin HQ in Glasgow and try and force a response that way.

[jmuggali]

Sadly I don’t have any documentation from 3 as it was several months if not a year before I was made aware of the default and I had shredded the phone bills, a default notice would have been dealt with asap as we were repairing our credit rating to start our buy to let properties. The original amount they say I defaulted on was marked as settled after my first complaint to the CRA’s which confuses me as I had never paid anything after my final bill.

Would a SAR be of any use to me, this should tell me where they think the money is owed from? To be honest I have been concentrating on removing the default as opposed to finding out why they think I owed them in the first place. One of my main reasons on leaving 3 was their poor customer service.

[jmuggali]

Still ongoing, Experian have at least placed a comment on my CR, what use that will be I’m unsure, however they still haven’t had a reply from 3, when I asked what they can do next as I was told that no response after 28 days they can remove the default, the lady I spoke to now stated that there is nothing until they reply! They can’t remove a default without the companies’ permission and I was wrongly informed!!! That’s 3 months they have had.

Starting again fresh and sending my S.A.R however I don’t have my original account number as I shredded all my old phone bills about a year after closing the account, will this matter, can and will they accept my address as enough information to retrieve my account details? Looking back on it this could be why 3UK haven’t replied? Thanks James.

[buzby]

I'd suggest to Experian that as the network has not had the courtesy to explain or confirm the data within 28 days, you require them to remove the data immediately. Failing this you'll complain to the ICO about the retention of misleading data, and reserve the right to take them to court for promulgating misleading information.

[jmuggali]

Thanks another avenue to explore, didn’t think of that just took Experians word for it. Should know better by now. Thanks for the help.

[jmuggali]

Thanks for the Help Buzby, after nagging the CRA they have nagged 3UK to provide information, 3UK have finally responded by saying they have lost my file/paper work and will remove the default (no paper work as there was no debt more like!) Experian have just confirmed over the phone that it will be removed in the next day or two,

[buzby]

Great news. It's hard work, but worth the effort especially since ALL consumers need to ensure the 'information' supplied to the CRA's is accurate.

[jmuggali]

Aaaaaararrgh!!!! Experian confirmed the removal of the default after 3UK told me the default was to be removed, all I had to do was wait for 3UK to update their info with Experian, I waited patiently but had to phone on Friday to chase up why it hadn’t been done yet, again 3UK said yes the default was to be removed, but then at the end of the conversation they said the payment history was to remain?! Phoned Experian to find out what exactly had been sent to them and they confirmed that the status 8 (default) was to be removed as this is what was queried, phoned 3UK again to be told it will be investigated again and it will take a further 28 days!! Phoned Experian back just to confirm, they agreed that the default was to be removed, 3UK have now said that the default was the amount and this now shows as settled, the payment history is totally different! Bum back to square one with them, my file was updated by them on Friday and my status 8 still shows. Gutted.

[buzby]

Actually, I'm more concerned that they didn't remove the original default, but made it 'satisfied'. Experience has shown that these carry the same weight of damnation, so I think they're trying to be weasel-like in their dealings with you. (The payment record is a different issue). I'd pursue them that the removal of a default was agreed, and their action does not amount to this.

[jmuggali]

Continuing my phone assault on 3 this morning as Experian have given me the name and direct line to the person who sent them the correspondence, however do you think I should hassle Experian to change the information as they do have the proof that it was intended to be removed by 3UK and have confirmed this on 3 separate occasions.

[buzby]

No harm - but they very seldom take the action themselves (preferring their client to update the information directly).

[rubrik]

Any more news on this?

I have a similar problem.

 

Thanks