📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Incorrect default, need to get court order for removal

Options
Lowell have placed a default on my Equifax file...They claim I had an agreement with Three mobile..I never did..so I sent a SAR, after 40 days no response..I sent them a letter to remove default record..again ignoring it...

How can I get a court order for removal?

Comments

  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Are you denying completely that you had a debt with Three, or just that you never had a paper/online agreement for it?

    When you complained, did you tell them that you would take the matter to the ICO if they failed to remove it?

    How long is it since you complained in writing and demanded removal.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • jeystone
    jeystone Posts: 110 Forumite
    fermi wrote: »
    Are you denying completely that you had a debt with Three, or just that you never had a paper/online agreement for it?

    When you complained, did you tell them that you would take the matter to the ICO if they failed to remove it?

    How long is it since you complained in writing and demanded removal.

    I never had an account with Three..this is mistaken identity, incorrect data...I have a very common name i.e. John Smith so I think they are mistaken me for someone else

    I mentioned the ICO

    I complained in Nov 2012, asked for a Subject Access, proof of my account with Three...never has a response
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    In that case if you have left it that long then you should probably write again to Lowells with a sterner warning, stating that if not removed within 28 days then you will be taking the matter to the ICO and/or taking legal action to enforce removal and claim redress without further notice.

    If you don't then the ICO and possibly a court may reject your complaint.

    It will also give you some time to research on the court route, so to get it right.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • jeystone
    jeystone Posts: 110 Forumite
    thank you very much
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.6K Spending & Discounts
  • 244K Work, Benefits & Business
  • 599K Mortgages, Homes & Bills
  • 177K Life & Family
  • 257.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.