Incorrect default, need to get court order for removal

jeystone

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?

fermi

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.

jeystone

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

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.

fermi

May be useful:

http://www.e-sue.co.uk/docs/Lowell_Claim.pdf

and

http://www.e-sue.co.uk/docs/lowell_judgment.pdf

jeystone

thank you very much