No Warning of Default Notice...

dlogan83

Hi,

I have an issue with Orange. They have been leaving Default notices on my account for several months; however I received no letters or warnings from them regarding this, until I got a letter from DCL Connections.

They have my correct address details. Can they do this without warning? I have no problem paying the debt, but the default notices have destroyed my credit score.

Can anyone help?

Thanks David.

Tixy

Have they been sending letters chasing for the payment but just not specifically mentioned a default notice?
I think that with it being a service agreement not a consumer credit debt then they don't actually have to send out a formal default notice in the same way as required by the CCA. (I think, hopefully someone else might not for certain)

BigCraigJohn

I guess you mean a late marker. (1)
Orange have been gits with me. I was just paying the due amount on the same day every month for years and it wasnt until checking my report a few months back that I noticed a late marker each and every month yet nothing was ever said.

DarkConvict

They can only issue 1 default notice.

So i assume they gave you late payment markers.

As it is a service agreement, you cannot rely on CCA to lay down what to do, but instead contractual law. If they apply a default they must send you a default notice. - http://www.learnmoney.co.uk/credit-file/remove_default_notice.html

dlogan83

Thanks for the help. I checked my credit report and they have been leaving default notices on my profile from September 09. They have my address details correct but I was never given a notice or warning. Do you think I can have them removed?
Cheers David.

DarkConvict

They will have left a default notice, not notices. They can only apply one.

If they had placed one you would see under payment history a list of numbers, one will eventually be an 8 i believe which stands for defaulted. The will last permanently as the account has been defaulted. The is still just a record of payment history. FAQ ont he numbers, took ages to find it again - http://experian.metafaq.com/templates/experian/main/answerPage?_mftvst:answerRef=$http://api.transversal.com/mfapi/objectref/EntryStore/Entry/http://www.metafaq.com/mfapi/Metafaq/Clients/experian/Modules/Credit_report/Topics/credit_accounts:137391:2&_mftvst:moduleID=$Credit_report&_mftvst:topicID=$&id=JAHQRLCHGVGEOEKVPND5B4F15G

The actual default notice should appear elsewhere on your report, and include the date of the default, who it was placed by, and the amount the default is for.
Getting defaults removed is difficult, you must prove you never received it. The only way you can do that is get proof from orange that they never sent one. Of which the only way to do it is pay orange £10, and do a SAR to get all data they hold (this includes the default notice they sent). Template - http://forums.moneysavingexpert.com/showpost.html?p=30356311&postcount=22
Even then getting it removed on a technically is not easy, i believe you have to lodge a complaint with the OFT to get the default removed from your file as it was placed unfairly.