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advice re: a default registered by Orange.

I had a contract with orange a few years ago and had a dispute with a bill and foolishly let it go too far and ended up with a default on my credit file. I'm aware that these last for 6 years etc etc...
My query is, my default was for £47, and I have recently had a cheque from Orange for £17.63 as a refund. I don't know what the refund was for and haven't questioned it yet but I'm wondering if I can get the default removed on grounds of DPA? How could I have not paid them £47 when they have had to refund me £17.63?
Oh... I paid the balance immedately when the default was registered...

Comments

  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    You are supposed to have a certain number of days after receiving a default notice to pay before the default is placed on your account. If you paid and then they still put the default on your account, then this should be removed.

    I would definately write a complaint to their Head Office informing them of this.
    After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91

    Dad Gift 6k ¦ Savings & Inv Tst: £2,500
    Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0

    Total Owed: £2,270 (+6k) 11/08/2011
  • dukey
    dukey Posts: 63 Forumite
    GeorgeUK wrote: »
    You are supposed to have a certain number of days after receiving a default notice to pay before the default is placed on your account. If you paid and then they still put the default on your account, then this should be removed.

    I would definately write a complaint to their Head Office informing them of this.

    Thats very interesting to know!
    Thanks!!
  • dukey wrote: »
    I had a contract with orange a few years ago and had a dispute with a bill and foolishly let it go too far and ended up with a default on my credit file. I'm aware that these last for 6 years etc etc...
    My query is, my default was for £47, and I have recently had a cheque from Orange for £17.63 as a refund. I don't know what the refund was for and haven't questioned it yet but I'm wondering if I can get the default removed on grounds of DPA? How could I have not paid them £47 when they have had to refund me £17.63?
    Oh... I paid the balance immedately when the default was registered...


    I had the same problem with British Gas. My account was in dispute yet they put 2 defaults on my credit file with no notice! through here wrote a letter of complaint, got a phone call yeaterday from head of complaints apologising and have removed them.
    My letter is on Credit cards-sutton's default removal letters....i'd use the same one just change the information to suit you. It's definatley worth writing. They cannot issue defaults if an account is in dispute.

    Hope this helps x

    Quidco to date = £1224 cashback
  • dukey
    dukey Posts: 63 Forumite
    I had the same problem with British Gas. My account was in dispute yet they put 2 defaults on my credit file with no notice! through here wrote a letter of complaint, got a phone call yeaterday from head of complaints apologising and have removed them.
    My letter is on Credit cards-sutton's default removal letters....i'd use the same one just change the information to suit you. It's definatley worth writing. They cannot issue defaults if an account is in dispute.

    Hope this helps x

    Thanks I'll take a look!
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    GeorgeUK wrote: »
    You are supposed to have a certain number of days after receiving a default notice to pay before the default is placed on your account. If you paid and then they still put the default on your account, then this should be removed.

    I would definately write a complaint to their Head Office informing them of this.

    Used to be 14, now it is just 7 afaik
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • never-in-doubt
    never-in-doubt Posts: 20,613 Forumite
    through here wrote a letter of complaint, got a phone call yeaterday from head of complaints apologising and have removed them.
    My letter is on Credit cards-sutton's default removal letters....i'd use the same one just change the information to suit you. It's definatley worth writing. They cannot issue defaults if an account is in dispute.

    Hope this helps x

    LOL, you mean this letter! #328

    Worked a treat :rotfl::rotfl:
    :o 2010 - year of the troll :o

    Niddy - Over & Out :wave:
  • cgm_21
    cgm_21 Posts: 5 Forumite
    Hi,

    Can anyone help.

    I have a default on my credit file from British gas. The bill was outstanding for a few months while i was in hospital and was passed to a dca. I was ontacted by them and i paid the balance in full. 3 years later i am trying to obtain credit and im having problems for a £131 satisfied default.
    I have wrote to BGas asking them if they would remove the default as a gesture of goodwill but they declined.

    I would love to be able to get this removed from my file.

    Does anyone have any ideas ause i dont think they are regulated by the cca ect.

    Thanks

    Chris
  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    It's not credit so not regullated by the CCA.

    You woulld be better starting a new thread on this though so more people may be able to contribute.
    http://forums.moneysavingexpert.com/newthread.html?do=newthread&f=76

    Did you receive a default notice from them? If not then they did not follow proper procedure and you coulld argue the default should be removed.
    After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91

    Dad Gift 6k ¦ Savings & Inv Tst: £2,500
    Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0

    Total Owed: £2,270 (+6k) 11/08/2011
  • cgm_21
    cgm_21 Posts: 5 Forumite
    Hi,

    Thanks for that. Im not sure if i got a letter from them or not.

    Thnaks

    Chris
  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    The only way to check this may be to issue a subject access request (cost £10). This allows you under the Data Protection Act to see all data they hold on you and this should include a copy of the default notice. You'll still have a fight on your hands to get the default removed even if they didn't send the notice, but i think this is the only way. If they did send the notice, you should check that all the required information is on it too.
    After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91

    Dad Gift 6k ¦ Savings & Inv Tst: £2,500
    Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0

    Total Owed: £2,270 (+6k) 11/08/2011
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