3 wrongly spoiled my credit record.-pleeease help

MUHAMID

Hi,
sorry for long thread but i is imp to tell u guys in detail:

I had 2 contrats with 3 starting from Jan 2006 - Dec 2006 and every month they were sending me bills clearly stating that:

Previous balance : 50.00

Payments received: 50.00 CR

Also,i didn't check properly into my bank statements as i had few DD with 3.
In December I called them to cancel my contract; they said I will receive a confirmation letter .
After 3 months i received a letter from 3 regarding outstanding amount of £1090.00 .When i called them they told me that mistakenly we were charging your bill from somebody else’s account.
They informed the credit rating agency as a default payment. same time they handed my case to Debt Covering Agency, they started sending me horrible letters, calling at home and talking rudely with any body on the phone. To get rid off all these problems i paid the total outstanding amount. But now, even though my bill has been cleared; they haven’t informed the credit rating agency and Debt covering Agency till last week (December) even though I regularly call them to do so.
Now the main problem arises here, I need a re-mortgage on my house and bank won’t allow me as my credit report is still showing outstanding amount with ‘3’ as a ‘Default’.

For last three months I’m trying to convince CR Agency to update my report but they said me it should be informed us by 3 not you. when I contact 3 they are say we have already informed CR Agency.

After all these I’m transferring my house (with a big cost) ownership to my dad and we will apply for re-mortgage on my dad’s.
Even though I have informed 3 about bailiffs Still in December im receiving letters from them.

I wrote a written letter to 3.also I have talk with a management in Glasgow and he told me ‘As it was our fault we will inform CR Agency to remove the Default.’but it was just on the phone, nothing happened.

Now, I’m absolutely tired with all these, I can’t concentrate into my exams. i need your advise for:
-How can I remove my outstanding amount from credit report?
-How can I remove ‘Default’ from credit report as it will remain for 6 years?
-Can I take legal action against 3? If yes how?

MSE is the only source where i can get proper info.
Thanks in advance
-MUHAMID

MUHAMID

i'm still waiting for somebody to reply please.

Astaroth

1) It is exceptionally unlikely you can remove it - if you have a letter from three confirming that it was their issue and that they have contacted the CRA to advise it to be removed there is an outside chance that the CRA would but I wouldnt holid breath on it.

2) As with 1

3) Courts can give injunctions (ie force someone to do something) but they are much more about giving financial compensation to put someone back in the same position or to estimate the "value" of someones pain/ suffering/ loss of amenities. At present you have not lost anything and probably cannot quantify or definitively prove future losses due to this. Therefore I would say court isnt appropriate at this point.


I assume you are looking at your credit file through Experian or Equifax online service? It is certainly worth checking which of the 3 (can never remember the name of the 3rd one) that 3 actually "uses". Whilst they do share information with each other and what is on one will generally replicate over to the others this is something that doesnt happen over night so if 3 have informed Equifax but you are checking Experian it could be that you simply havent given the CRAs time to get their records up to date.

Personly after checking out the above I would write a polite but firm letter to their CEO (Bob Fuller) sent by recorded delivery advising that if you do not hear back from them within 14 days from the date on the letter you will be logging the complaint with Otelo (the telecommunications ombudsman) and seeking legal redress

moneyandmountains

MUHAMID wrote:

For last three months I’m trying to convince CR Agency to update my report but they said me it should be informed us by 3 not you. when I contact 3 they are say we have already informed CR Agency.

I had a similar situation last year with 3.

1) Don't ask the CR Agency to update your report. Lodge a dispute with them, which you should be able to do via their website. I did this with Equifax. Say that you have been told by 3 that they have updated your record to remove the errors.

The credit reference agency will then mark the INSIGHT data as disputed. This will result in them contacting 3 to query the transaction. In my case, 3 couldn't be bothered responding to the CR Agency, so after a few weeks the agency informed me that they had removed the disputed data from my file.

2) I wouldn't hold off on contacting Otelo. I would definitely recommend this when dealing with 3, as it is the only way to get them to do anything. Otelo are quite helpful and will be able to make some suggestions on how to resolve things before a full blown investigation. Previously, I have posted the number of 3's Executive Office. Alternatively, Otelo will give you this number. It is useful to have an Otelo reference number when you ring the Executive Office. I presume that if you have talked to someone in Glasgow, you may have spoken to the Executive Office already. Always ask them to confirm in writing anything they say.

The two activities above can be carried out in parallel. In the end I found that this was necessary to resolve all issues. Don't be shy about starting proceedings, it's not like you are taking them to court.

MUHAMID

Thanks a lot for your valuablre advise Astaroth and moneyandmountains.
it was a great help to me.

dexters_mum_2

I had this problem withe 3 also, they use Callcredit or Experian, can't remember which one....I cancelled my 12 month contract on month 11, told I have to pay £83, which I did, they then tried to persue me for £786!
They did remove the default after 4-5 months and paid me £200 compensation too, just keep plugging at them, send recorded delivery letters each time you write and if you ring, get the person's name.
Good luck

Alfie_E

Astaroth wrote:

3) Courts can give injunctions (ie force someone to do something) but they are much more about giving financial compensation to put someone back in the same position or to estimate the "value" of someones pain/ suffering/ loss of amenities. At present you have not lost anything and probably cannot quantify or definitively prove future losses due to this. Therefore I would say court isnt appropriate at this point.

The Data Protection Act can be used to force a change. It’s the accuracy that’s important, not the money. Financial damage is a secondary consideration. It’s often very hard to put a value on not being able to do something.

MUHAMID

Alfie_E wrote:

The Data Protection Act can be used to force a change. It’s the accuracy that’s important, not the money. Financial damage is a secondary consideration. It’s often very hard to put a value on not being able to do something.

Thanks Alfie E,
How can i take action using DP Act?

MUHAMID

moneyandmountains wrote:

Lodge a dispute with them, which you should be able to do via their website.

i couldn't find the link on equifax.
do you have a direct link for filing dispute?
Thanks in advance.

moneyandmountains

MUHAMID wrote:

i couldn't find the link on equifax.
do you have a direct link for filing dispute?
Thanks in advance.

It is on the contact us page:
https://www.econsumer.equifax.co.uk/consumer/uk/sitepage.ehtml?forward=gb_contact_us

I would acquire a copy of your credit report if you haven't already. You can either do this by paying the statutory £2, or by signing up for the trial. As long as you cancel within the alloted time, this will be free and allow you to view your credit report online.

Looking back on my dispute with Hutchinson 3G, I quote the following:
'We have received no response from the Client in relation to the information under dispute on your Credit File. We have therefore, temporarily removed the information from your Credit File, you will be notified if we receive an update from the Client.
Please note the Notice of Dispute previously loaded onto your Credit File has been removed'

As a guide, the time taken for this to occur, was 11th November dispute raised. 2nd December information removed from Credit file.

MUHAMID

3 has informed CRA about the payment but the DEFAULT is still there At last to pass the mortgage we transferred the ownership of the house to my dad's which cost us (+/-) £1000 .
As the default will remain into my record for 6 years even it was not my fault.
could you please advise me how to:
1.Take action so my DEFAULT history can be removed
2.Take action against 3?

dexters_mum wrote:

They did remove the default after 4-5 months and paid me £200 compensation too, just keep plugging at them, send recorded delivery letters each time you write and if you ring, get the person's name.
Good luck

where did you sent all the letters?