a question about removing a default entry.

stevie121

I had a mobile phone account for 1 year with "3" and canceled the account after becoming disillusioned with the provider.

"3" claimed that I had a contract for 18 months and was responsible for paying the remaining 6 months. When I told them that I had never signed a contract they told me that the contract was a verbal one and that it was still binding by law.

I asked for further details about the commitment I had supposedly made and was told that I had not actually made it with them but with one of their authorized dealers (communications direct) who phoned me. My only recollection of this phone call was that I agreed to renew my existing 1 year contract. and that the new contract would again be for 1 year. 18 months was never mentioned and I was never sent anything in writing.

I have asked for details of this other company and have been told that it is a company called "communications direct".

I have never even heard of this other company before now and defiantly have never had anything in writing from them whatsoever. No letters, bills, contracts or welcome info, nothing at all...

"3" have marked my credit file with a default and reported an outstanding amount which I assume is the remaining 6 months of the contract they claim I agreed to with communications direct.

My question is this:

1. I was wondering if it would be worthwhile sending a SAR to both "3" and "communications direct" requesting copies of contracts that exist. (I am sure they dont exist)

2. If the SAR reply shows there is no contract.. Can I use these letters with Experian to have the default on my credit file removed? I'm assuming that with no contract a default cant be legally registered against someone?

3. Am I doing everything I can now? I have already disputed the debt with "3" and they simply ignored my "prove it" letters and issued the default anyway. They have since sold the debt but since I explained to the DCA I have heard nothing more from them. I just want to remove the default that I feel has been incorrectly registered.

Any thoughts on this situation would be greatly appreciated.

Steve

stevie121

Thanks for your reply and your support..

I would say that the default has stopped me getting credit but would find it difficult to show a loss.

What really annoys me is finding out that a default has been registered against me when there never was a contract. All the money "3" claim I owe is for the remainder of a contract that never existed. Up until the time I stopped the direct debit the account had been up to date and there were no outstanding bills. The amount they claim I have defaulted on is purely for the remaining 6 months of the contract that I never used. They have no actual losses.

I simply want to find the easiest way to have the default removed, maybe by requesting the details they have on me by an SAR, I can get them to admit that there is no contract for me to remain with them for those 6 months, then there can be no default as I would not have defaulted on anything.

Should I use the SAR route or simply go directly to equifax and/or the Information Commisionaire to get this unjust default removed.

any thoughts people?