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Default that should never have been

Hello everyone,

Thanks for reading,

I'm sure most people with a default think that it shouldn't be there. However I really feel that the debt collection agency who has put this on my credit rating really have done a number on me.

So let me paint the picture, as a student i switched my mobile phone provider. I paid what was left and was told it was up to date. Years later (aprox 3) I receive a letter that says I owe £16 to a debt collection agency. Fine not a problem, I call them up and pay the amount.

I then check my credit rating a few months later only to find that the week after i paid this amount they slapped a default notice on my account to the tune of...you guessed it £16. My issue with this stems from the fact that A) it was added only because I paid it B) its for £16 C) the reason I had not paid the amount and it defaulted was due to changing address and the letters never making it to me.

Now I have done the letters and calling to which htis rather reckless !!!!less bunch have told me "Its a legal requirement we can't remove it". This to me sounds obscene as it went 3 years before they chose to add it. No if i can prove that my address on my credit report changed and they hadn't sent any notices there can i have it removed. Also how can I move forward with this, i'm trying to get a mortgage and this will be impossible with a default, even if it is £16.

Thanks for you time guys
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Comments

  • The_Boss
    The_Boss Posts: 5,864 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    What was the date of the default? 3 years ago or the week after you paid recently?
  • matttye
    matttye Posts: 4,828 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    In addition to what The Boss has said; if the default is dated the week after you paid recently, what has been displayed in your report in the meantime?
    What will your verse be?

    R.I.P Robin Williams.
  • Chorley87
    Chorley87 Posts: 9 Forumite
    Sixth Anniversary Combo Breaker
    Sorry got mixed up there the original bill was Feb 2008, the account was default from Jan 2011. I then paid it in Jan 2012, and from looking at my previous credit scores it was only added in Jan 2012 once it was paid. I assume this is due to them being able to confirm that that was my address. Prior to this it wasn't even showing on there. Seems like a case of honesty not being the best policy!

    Thanks
  • The_Boss
    The_Boss Posts: 5,864 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Chorley87 wrote: »
    Sorry got mixed up there the original bill was Feb 2008, the account was default from Jan 2011. I then paid it in Jan 2012, and from looking at my previous credit scores it was only added in Jan 2012 once it was paid. I assume this is due to them being able to confirm that that was my address. Prior to this it wasn't even showing on there. Seems like a case of honesty not being the best policy!

    Thanks

    It's not the date it was added that we are after - it's the date of default.
  • Chorley87
    Chorley87 Posts: 9 Forumite
    Sixth Anniversary Combo Breaker
    That was in Feb 2011 in that case, Whats your thoughts? Do i have a case?
  • matttye
    matttye Posts: 4,828 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    Chorley87 wrote: »
    That was in Feb 2011 in that case, Whats your thoughts? Do i have a case?

    If they sent a default notice to what they thought was your current address years ago, because you hadn't told them you moved, then I don't think you can contest it on the basis of not receiving the notice.

    I think your best shot at having this removed is that you were told the account was up to date. After all, why would anyone ruin their financial position for the sake of £16?
    What will your verse be?

    R.I.P Robin Williams.
  • Buzby
    Buzby Posts: 8,275 Forumite
    Your mistake was paying the third party. It is the network who should have defaulted you, not the DCA. As for I being a 'legal requirement' this isn't anything that affects you, but the agreement between the DCA and CRA.

    But as long as it is correct, there's little you can do but learn and move on.
  • Chorley87
    Chorley87 Posts: 9 Forumite
    Sixth Anniversary Combo Breaker
    That's what they told me that not receiving the letters was my fault. but given I wasn't aware that I had the debt why would I change my address with an old phone company, to me this seems ludicrous. I have place a notice of correction, can anyone tell me whether this will in reality help?

    Also if I contact the DCA is there anything I can say to them/someone I can talk to that will be more sympathetic. I have written to them with no joy what so ever.
  • jessie4109
    jessie4109 Posts: 201 Forumite
    How were you told that the account was up to date? If it was by phone, do they record phone calls so you could get a copy of the recording? If it was a letter could you get a copy of the letter?
    Been there, done that and Ebay'd the t shirt. :beer:
  • Chorley87
    Chorley87 Posts: 9 Forumite
    Sixth Anniversary Combo Breaker
    I was told over the phone that it was paid up to date, then seemingly they couldn't take the payment. As far as i was aware it had gone. This meant i didn't change my address etc and therefore defaulted.

    I would really like to get this off my file. Annoyingly Lowell only added the default to my account because I paid the bill. It didn't apear on my report before Jan 13 when it was all paid. Seems honesty isn't the best policy with these DCA.
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