Process for Default on Account

MrSweeps

Hi
We have an old Tiscali account with £32 outstanding at an old property that we're selling (empty now). The £32 came as continued charges for a Broadband account that we attempted to terminate at the same time as we terminated BT once we'd left the house. Tiscali tried to stall the cancellation, claiming both that "we can't accept cancellations by letter" in response to our written notice sent a few weeks previously, then "we cannot accept cancellation by email" in response to an email, then finally "we cannot accept cancellations over the phone on a Sunday" when I first rang them. Finally got them to accept cancellation by calling during the week.

Anyway, due to the messing about not accepting the first 3 cancellation attempts, they have charged for the next month broadband (at the house which by then was empty, without a connected phone line, let alone any broadband connection)

Went back to the old house today to check on it, and found a letter from CARS, who say they will visit the (empty) house to collect the £32 - good luck with that! BUT, they also say they will "instruct their client to enter a default on the account" then "commence court proceedings"

To be honest, I can just pay this to get it out the way, and probably will just for an easy life.

But just wondered if it's that easy for them to enter a default and screw up a credit rating that has been perfect (no defaults or missed payments ever in 20 years) for a service that we did not want, tried to cancel and that they didn't even supply.

Actually, you know, after writing all this, I'm just going to pay it. Life is too short. Just feels like extortion.

DarkConvict

Ignore CARS, go direct to Tiscali customer services and get them to explain themselves.

Cannot accept cancellation by email/letter is utter nonsense.

Section 7 - Cancellations
Section 10 - Complaints
http://www.talktalk.co.uk/legal/tiscali-product/code-of-practice/

Follow the complaint procedure, you never wanted the service nor made use of it. So long as you were outside your minimum term you should be able to get the charges clean and if that fails take it to ofcom to have a say on the matter.

MrSweeps

Ok mate, thanks a lot for taking the time to reply.
IF we ignore the CARS threat, and persue Tiscali, can CARS still do the default thing? So then I would have a default, which I'd have to challenge, which could take money/time AND affect my credit rating?

I'd rather not have a default that I have to fight someone to remove, than simply pay them for the £32 they are trying to extort me for. But I'm also loath to pay a company an amount of money that they so obviosly want to cheat out of me while KNOWING it isn't due, but HOPING I'll do the easy option.

Come's back to the same question- regardless of whatever Tiscali can/can't do - if they have already instructed CARS to extract a non-existant debt from me, are they able, without any evidence (and in fact, evidence to the contrary) to put a default on my public credit file just because they feel like it, which is then down to me to prove it is wrong?

Thanks!

Hannah_10

Yes they can default you, but they might have done that already. Go through the process that DC is suggesting though and check your credit files (click HERE for info on that). If there is a default then we can help you get it removed for being incorrectly applied... But we can't if you don't complain first. (I say first, there are things after that too, depending on thier response). So for now, it's get a complaint in and check your files. What comes after that depends what the first bit unearths.

I know paying it seems the easy option, but it's actually adding a layer of complication if your top priority is keeping your file shiny and default-free.

Hannah_10

And an afterthought...

I don't know why you think there is a fight in getting a default removed or that is costs money. There are template letters and you just send them. I know stamps aren't free but we're not talking about needing to remortgage over this. Perhaps you are thinking it is harder than it is.

Irish_Pat

Sorry to jump in on this thread, @Hannah can you link us to the default templates?

I've had the problem where someone has added a default to me that I'm pretty certain isn't mine!


Thanks in advance and good luck MrSweeps

MrSweeps

I've also just found out that the actual "debt" with Tiscali, for the incorrectly billed month, is £12. CARS have added £20 for themselves.

DVardysShadow

Just write to Tiscali, tell them that the £12 is in dispute. Keep a copy. I take it you have evidence of your attempts to cancel and of their responses.