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Firstly, because of this forum I successfully got 2 of my defaults removed, so thanks. All I did was sent a letter asking 3G and T-mobile if they would remove them and bam it was done.

 

Now to my problem.

 

I still have a default on my credit file from the phone company Toucan. The outstanding amount is paid but I also want the default removed. Unlike last time, sending a letter wouldnt work as i am currently in dispute about being charged in the first place as the account was supposed to be cancelled. Until the whole situation is resolved I was wondering do I have any other rights to get the default removed?

 

I dont know if it matters but they did not tell me i was being defaulted though it was passed onto their debt collecting people. Plus when I phoned the debt agency to pay the outstanding amount owed I was told by them it was not defaulted.

 

anyway any advice would be appreciated

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If the account is now closed then your permission to them allowing processing of your data has terminated, regardless of whatever dispute you may have with them. And if the default also included unlawful charges that is even more reason why they should remove the default since the actual debt

amount is wrong.

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Thing is its not so much the money but the default I am bothered about. Sounds stupid but if I can get the default removed then they can keep the money (£100).

 

I am currently in dispute about the charges as they believe that they are lawful but until I can prove them wrong I wont get a refund. Until that's all over I cant get it removed due to wrongfully being charged.

 

What I'm saying is that now I have paid off the amount do i have to wait the 6 years for the default to fall off or is there a way to make them remove it?

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lookinforinfo - I noticed your reply stating that if the account is now closed then your permission to them processing your data has ended. Forgive me if Im speaking out of turn here, but I have yet to see a post on here where one of us has successfully gone to court and won based on this statement. If they have, then kindly point me in the direction of the post so I can find out what to do. Thanks

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Er, Gooner, that would be me - TWICE!! B/card and NatWest and they buckled before court ... :D I have two others ongoing for default and late payment markers and you can follow these threads in this forum.

 

Other people have won too and I'd have to look them up for you or you could trawl around yourself.

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As I said "Forgive me for speaking out of turn" as I had not seen a clear post that stated in court the default had been removed because of a law regarding processing of Data after the agreement had ended. As you have said yourself they buckled before court which is absolutely fantastic and gives all of us hope.

Im sure that everyone hopes to be as successful. But it would be a shame if people are starting court proceedings on the basis of such a statement only to find out it isnt fact, thats all.

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Gooner, I don't think you were talking out of turn-you are perfectly entitled to query something that has been said on the forum.

If you work on the basis that when you signed a loan agreement for example,

your signature also gave the loan company permission to process your data. Unless you

have a very recent loan application, it will be unlikely that there has been included a further stipulation that they will continue to process data after the loan has been paid off.

Thus, while it has been industry practice to continue processing of our data

when loans have been paid off, more and more we are challenging their right to do it and they are not contesting it in Court for the most part though some do fight longer than others.

  • Haha 1
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Thanx Lookin I intend to fight although like many others here am "Legally Challenged". Just wanted to clarify the point. Also, if it helps anyone then I requested my credit files from Experian and Equifax. Dont always trust what is on one will be on the others. There was a vast difference between the two for me.

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Ok I think I get it now.

 

As my account is now closed, toucan no longer have my permission to process my data therefore should remove the default. Is it this I am using to get the default removed?

Are there any sample or template letters floating about I could use to send to Toucan (being a phone company I dont know if it works different from a bank).

 

Sorry for so many questions but I just want to make sure I know what's what. Thanks in advance

 

Regarding the two CRA's, I also noticed differences.

I'm just wondering then, I asked 3G to remove a default, which they agreed to, but would they not have to contact both experian and equifax?

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The problem with this one (if I'm reading it right) is that it's with a Telephone provider - there are a few threads about O2 with others that have the same problem and the only way to get a default removed with them is hard negotiation and "bum-licking"... it hasn't worked for me yet and others are in a more advanced position so it's worth reviewing a few of these other threads - in particular;

 

http://www.consumeractiongroup.co.uk/forum/legalities/39205-o2-online-no-credit.html

 

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The problem with this one (if I'm reading it right) is that it's with a Telephone provider - there are a few threads about O2 with others that have the same problem and the only way to get a default removed with them is hard negotiation and "bum-licking"... it hasn't worked for me yet and others are in a more advanced position so it's worth reviewing a few of these other threads - in particular;

 

http://www.consumeractiongroup.co.uk/forum/legalities/39205-o2-online-no-credit.html

 

 

But this is an interesting thread: Vodafone - Default removal + distress claim ***WON***

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See I though it may be different due to it being a phone company too. Though its not a copy of a default notice I want, I was just going to send them the S10/12 notice regarding processing data after our agreement being over.

 

I think i'm going to take send a 'polite' letter first and see where that gets me. I'll ask them to remove it and if they dont I will carry on the dispute of being wrongly charged in the first place. Hopefully it wont have to come to that as the charge was small and I just want the default gone really.

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See I though it may be different due to it being a phone company too. Though its not a copy of a default notice I want, I was just going to send them the S10/12 notice regarding processing data after our agreement being over.

 

I think i'm going to take send a 'polite' letter first and see where that gets me. I'll ask them to remove it and if they dont I will carry on the dispute of being wrongly charged in the first place. Hopefully it wont have to come to that as the charge was small and I just want the default gone really.

 

That's my tactic; polite letter first asking them to stop processing your info as the a/c is closed and settled. then the Stat notice and if that fails you ask the ICO to enforce it and the court too ...

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Yeah I know paintball, I got the that tactic from a thread of yours :D

 

Here's a copy of my 'polite' letter. Have a read over and tell me if there's anything you think I should leave out, add or word differently.

 

 

 

 

After recently obtaining a copy of my credit report, it was brought to my attention that a defaulted account I had with you in 2006 is still showing after being settled. Initially, I was told that no default had been placed but upon receiving my report this was incorrect information. However, on the 1st September 2007 the outstanding amount of £117.74 was paid off in full.

 

As a rule I understand that defaults are marked as satisfied or settled once the full outstanding amount has been paid. I also understand, having been in contact with credit reference agencies that to your discretion defaults can also be removed. As the outstanding amount has been paid there is no reason for the default to still be showing and would appreciate if the it was not marked as settled, but completely removed from my credit file.

 

I have never had trouble making payments in the past and have explained on numerous occasions my reasons for the account getting to this stage (due to believing I was wrongly charged in the first place). Nevertheless the outstanding was paid in full and if my request was granted I would no longer look into that matter, as I just want to move on.

 

 

 

If you could please look into this issue for me and I look forward to your reply.

 

Yours faithfully,

 

 

 

 

 

 

Like I said, If this doesn't work I'm just going to send the S/10 letter and dispute the matter of requesting to cancel my account (which they say they now have no record of) but yet still being charged.

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W.G, I've reworded a little...

 

After recently obtaining a copy of my credit file, I was concerned to note that your company has placed a "Default" against my account. Despite this Default being settled in full, it still appears with an active balance.

 

As you will be aware, I have raised a dispute over this account - as such I also dispute the Default that you have recorded.

 

As a gesture of goodwill, I therefore request that this Default is removed from my credit file completely. Please note I would like full removal - not just the Default being marked as "satisfied"

 

I have always maintained contact with your company regarding the reasons for my account being in arrears and I have always had the intention to pay. I would like to ensure that this situation doesn't negatively impact on any future credit applications I may make, as I feel that will severely disadvantage me and cause distress unnecessarily.

 

I look forward to hearing from you in reply to this letter within 14 days.

 

Yours faithfully,

 

If this doesn't work, you can also look on this as your preliminary approach - if they don't reply, or they do but don't give you what you want, it will be easier to structure a letter before action.

 

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I know this worked for you, Paintball, but it might not work for everyone;

 

http://www.consumeractiongroup.co.uk/forum/general-debt/110030-information-commissioners-office-view.html

 

Did I claim that it had worked for me? No, it's just a tactic I'm employing as I stated ... and ongoing!!!!

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Did I claim that it had worked for me?

 

Yes;

 

...Forgive me if Im speaking out of turn here, but I have yet to see a post on here where one of us has successfully gone to court and won based on this statement.

 

and, your response, Paintball;

 

Er, Gooner, that would be me - TWICE!!

 

No, it's just a tactic I'm employing as I stated ... and ongoing!!!!

 

Glad we cleared that up then ;)

 

Anyway, it seems to me that these cases have to go all the way to Trial for anyone to take any proper notice - and, because they don't want any precedent being set or any adverse publicity pointing out that they are wrong, these companies do tend to back down with some negotiation/persuasion. IMHO, that is.

 

Read this to see why you have to go to Court, though;

 

http://www.consumeractiongroup.co.uk/forum/legalities/11659-how-get-your-default-post1124982.html#post1124982

 

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The story continues....

 

Remember the 3G default I spoke of that was to be removed (which 3G agreed to do), It hasn't been done at all but only marked as satisfied. In the 'polite' letter I sent it stated the default be removed and NOT marked satisfied. Weird thing is the default didn't appear on my experian report, only my equifax copy, but now that it has been marked as satisfied it's on both.

Strange.

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