Does this mean my default has been removed?

pompeyred

I think there are a couple of things that you might plead with them on but you need to be prepared for the facts standing for themselves.

Ultimately integrity (if there is any left) of the credit reference agencies relies on the suppliers to them reporting accurate information but (and it is a big but) they do have the ability to apply the information they supply with consideration.

There are 2 parts to your response which I think they will consider. The first being that they will have had to send you formal notification of a pending default and this is a legal requirement. If they have failed to do this then you have an absolute right for them to remvoe any registered default. The second part is for you to ask them to consider your case for its individual merit. You're in a precarious situation though because if you approach the first then they may just remove the default and leave the late payments, if you go for the second then there may not be enough (depending on the person who reads your case) for them to remove it (I hope this is making sense).

I would go for the second option and back it up with as much supporting documentation as I could find. Something along the lines of sending them your work schedule over the period, proof that on the first opportunity it was paid alongwith your otherwise good credit record. Let them know that your goal is a mortgage and that given the amount there is no way you would risk a 25 year commitment for such an amount (and that it was unused) and its pending impact.

In essence you have nothing to lose by writing to them and to end with better news, the amount of the default, the fact it is satisfied and your explanation should not prevent you from getting the mortgage.

izools

pompeyred wrote: »

The first being that they will have had to send you formal notification of a pending default and this is a legal requirement.

This is a requirement for the creditor to comply with the Consumer Credit Act.

Unfortunately the argument falls down on two points:

1. Telecommunications accounts aren't regulated accounts under the consumer credit act, therefore the requirements of said act don't apply.

2. It is a requirement of the consumer credit act for the lender to send a default notice for the full amount to be legally enforced and demanded through the courts but it is not a requirement of the Data Protection Act for a DN to be sent out for a default to be registered with the CRAs.

So even if the agreement was a credit agreement under the consumer credit act 1974 (which it isn't), the lender would still be entitled to register a default on the data subject's credit file; they just wouldn't be able to peruse the full amount through the courts until the default notice had been issued and the 30 day timeframe to correct the default lapsed.

Believe me, I've been through this at length with both O2 and Vodafone, involving the Telecommunications Ombudsman (OTELO at the time) and the ICO.

My personal view on the matter is that no telecommunications or utility provider should be allowed to register default notices with credit reference agencies under agreements which don't have to comply with the CCA 1974 and the DN prerequisites therein, but the law is the law even if it is an !!!.

StrawberryJam132

Thank you pompeyred and izools. Finally information that makes sense

I received a reply from Orange this afternoon saying:

We have reviewed your account and can confirm that your account was never showing default. It shows late payment marks which are correct and will remain. However, since the account is closed, the credit file is now updated to show the account as settled.

This is good right?!?!?!?! :undecided

Once again my naivety has caused me unnecessary agro :wall: I did some research, and the account was 'delinquent' I think? I looked at Experian and my 'score' is now up to 775. Although I now know that my credit 'score' doesn't really mean jack, and I shouldn't think it's the be all and end all.

What are you thoughts? Is it still bad that I have late payment marks, even though the account is settled? Would this possibly affect my chance of getting a mortgage? My report is spotless otherwise...

Also, does not being on the electoral roll bring my 'score' down? I am on it, it just hasn't updated on my report yet. I was just wondering why my 'score' is only 'fair'.

Wow, I really liked using inverted commas in this post... :think:

Thanks again guys!:D

matttye

SBOWDEN wrote: »

Thank you pompeyred and izools. Finally information that makes sense

I received a reply from Orange this afternoon saying:



This is good right?!?!?!?! :undecided

Once again my naivety has caused me unnecessary agro :wall: I did some research, and the account was 'delinquent' I think? I looked at Experian and my 'score' is now up to 775. Although I now know that my credit 'score' doesn't really mean jack, and I shouldn't think it's the be all and end all.

What are you thoughts? Is it still bad that I have late payment marks, even though the account is settled? Would this possibly affect my chance of getting a mortgage? My report is spotless otherwise...

Also, does not being on the electoral roll bring my 'score' down? I am on it, it just hasn't updated on my report yet. I was just wondering why my 'score' is only 'fair'.

Wow, I really liked using inverted commas in this post... :think:

Thanks again guys!:D

A few late payments are unlikely to cause too many problems if you've had a decent history since then by the time you apply for your mortgage.

It sounds like Orange are saying there was never a default though.

You-kip

SBOWDEN wrote: »

Thank you pompeyred and izools. Finally information that makes sense

I received a reply from Orange this afternoon saying:



This is good right?!?!?!?! :undecided

Once again my naivety has caused me unnecessary agro :wall: I did some research, and the account was 'delinquent' I think? I looked at Experian and my 'score' is now up to 775. Although I now know that my credit 'score' doesn't really mean jack, and I shouldn't think it's the be all and end all.

What are you thoughts? Is it still bad that I have late payment marks, even though the account is settled? Would this possibly affect my chance of getting a mortgage? My report is spotless otherwise...

Also, does not being on the electoral roll bring my 'score' down? I am on it, it just hasn't updated on my report yet. I was just wondering why my 'score' is only 'fair'.

Wow, I really liked using inverted commas in this post... :think:

Thanks again guys!:D

Do you listen to anything we say!!
Stop going on about your fair credit score as there's no such thing.

You're a very high risk you've late payments on your credit file which means from a lenders point your liability when it comes to paying back what you borrow.

StrawberryJam132

You-kip, if you read my post properly, I said 'Although I now know that my credit 'score' doesn't really mean jack, and I shouldn't think it's the be all and end all. '

The inverted commas surely shows that I know a credit score doesn't exist.

Please don't reply if you are going to be so unnecessarily harsh? You have no obligation to reply. If I irritate you, which is obviously true, you can just stop reading this thread?

Thanks.

fj101

Hi there,

just searching for issues around orange and defaults. my husband was in a similiar-ish situation and we received the exact same email as you!
we knew his credit file was showing a default... which has now been removed!! yippee!!
but it is now showing as a load of late payments as well (which shouldn't be the case).
Would be intrigued, as are you, to know how this effects the proverbial "score"

Thrugelmir

fj101 wrote: »

Would be intrigued, as are you, to know how this effects the proverbial "score"

Some mortgage lenders can decline for as little as 2 late payment markers in the past 2 years. Lenders analyse credit data to profile you as a potential borrower, i.e. your attitude to personal financial management. A mortgage is a large sum of money that will be repaid over 25 years , possibly longer. So lenders are looking at the risk from every conceivable angle. Demand exceeds supply, therefore in a way you need to be better than other applicants.

StrawberryJam132

Hi fj101:D

How long did Orange take to fix your husband's credit file? Has he applied for credit since? I have to wait 16 more days before this mess is over with and I can finally apply for a mortgage :wall: I have no idea if I will be able to get a decent one, as my job is contracted to 0 hours as well... Even though I work an insane amount of hours and never have any time off! :undecided

StrawberryJam132

Thrugelmir wrote: »

Some mortgage lenders can decline for as little as 2 late payment markers in the past 2 years. Lenders analyse credit data to profile you as a potential borrower, i.e. your attitude to personal financial management. A mortgage is a large sum of money that will be repaid over 25 years , possibly longer. So lenders are looking at the risk from every conceivable angle. Demand exceeds supply, therefore in a way you need to be better than other applicants.

If I could get any more depressed today, that would have done it.

Thanks for the info though it's good to know where I stand in all this. I guess my naive mistake will follow me for a long time yet. Do late payments stay on your file for six years? Or is it for longer?