Robinsons Way refusing to remove mistaken default notice – any suggestions?

IainMacca_2

Robinsons Way have recorded a default on my credit file for utilities used at an address when I was not resident there (I had sold the property previously).

I can back this up with my solicitor’s letter with the dates of sale and exchange of keys etc. This proves beyond doubt that I had sold the house before the dates on this account.

Robinsons Way have admitted the mistake verbally, and say they can mark the account as settled, but will not remove the default notice (even though I’ve faxed them my solicitors letter).

I am gob smacked, and absolutely furious at this – does anyone have any suggestions, should I go to the financial ombudsman, should I even think about legal action against them?

Any suggestions appreciated.

Macca

DVardysShadow

Refer the matter to the Information Commissioner's Office. This is unacceptable.

fermi

And maybe remind these fools of this?

http://news.bbc.co.uk/1/hi/programmes/moneybox/8098674.stm

Have you disputed the entry via the CRAs?

fermi

You can at least try the FOS. They tend to be as much use as a chocolate fireguard, but if you should need to go legal then it shows that you have previously tried every avenue.

DVardysShadow

fermi wrote: »

And maybe remind these fools of this?

http://news.bbc.co.uk/1/hi/programmes/moneybox/8098674.stm

Good thought. I would suggest going back to the original Creditor and forcing them to prove the debt, then following through with them to get the record corrected. It is a more roundabout way of dealing with the matter, but I think that a utility would be quicker to acknowledge an error in such a way that the rug would be completely pulled from under the DCA

IainMacca_2

Hi All,

Thanks for your responses so far, I’ve bumped this thread because I am a little further forward but am even more frustrated…

The dca have responded to me by saying that the ‘defaulted account’ ran from 22/07/06 to 22/10/06.

And in-fact I only supplied them proof that I was not resident from 04/08/06 (the date of settlement for my house sale – I had actually vacated earlier than that).

So they are saying that; even though I have proven beyond doubt this was not my account for 78 of the 93 days that the account ran, they argue that because I cannot account for the first 15 days then the default stands and they will not remove it.

I have threatened to refer to OFT and ICO etc. but that won’t get the default removed I suspect.

I’ve also written to Equifax, but they have referred back to the dca for clarification (not much help there).

Does anyone have any suggestions?

Also, I don’t know if it makes a difference but – I had to write to the dca to find out what the default notice was for, they didn’t inform me.

Thanks in anticipation
Iain

p.s. I have written to the original creditor but no response as yet

king100

So who was liable for the 15 days between you moving and the house selling?

IainMacca_2

king100 wrote: »

So who was liable for the 15 days between you moving and the house selling?

If there were gas used in that first 15-days then I would be responsible and happy to pay that – I was never informed nor given the opportunity.

But even then, I don’t accept I should have a default notice on my file that states I owe £300.00 for gas used between 2 dates when this is clearly incorrect.

Even supposing I must accept liability for the first 15-days, surely I should have had some kind of bill or notification, or at least the opportunity to pay, before I got a default notice.

king100

IainMacca wrote: »

If there were gas used in that first 15-days then I would be responsible and happy to pay that – I was never informed nor given the opportunity.

But even then, I don’t accept I should have a default notice on my file that states I owe £300.00 for gas used between 2 dates when this is clearly incorrect.

Even supposing I must accept liability for the first 15-days, surely I should have had some kind of bill or notification, or at least the opportunity to pay, before I got a default notice.

When you exchange contracts and moved did you take a reading of the gas?

If you did I would send that to British Gas and ask them to admend the bill and that you moved out on that date.

Ask for a new bill.

Then get on the case for with the credit file. It can be long and hard it took me 2 years to get my file sorted out but it can be done.

IainMacca_2

king100 wrote: »

When you exchange contracts and moved did you take a reading of the gas?

If you did I would send that to British Gas and ask them to admend the bill and that you moved out on that date.

Ask for a new bill.

Then get on the case for with the credit file. It can be long and hard it took me 2 years to get my file sorted out but it can be done.

I did but don't have a copy any more. Thanks, I'll write to them and try and get a new bill.

IainMacca_2

Hello again,

Just wanted to post this little addendum, as I think I may have caught Robinson Way telling porkies (in writing).

I spoke to British Gas, who were surprisingly helpful, they asked for copies of my solicitors letter proving the date of house sale etc. (which is what I already sent to the dca). They said they would correct any errors without a problem, and very likely also agree to remove the default, as the account is clearly incorrect.

They also said they have notes on file/account from when the dca contacted them to clarify which address and time period the account related to, but they could see nothing recently relating to me providing proof of that I vacated the property.

This is where it gets interesting….. I also have 2 letters from robinson way stating that they had already forwarded all my proof to British Gas, who then reverted back to them stating that the account is correct and I had to pay the full amount.

I’m getting a bit obsessive about this I know but it just makes me so mad….

Thanks