Contesting a default steps and templates

juanlanesra

Hey,

Many moons ago I came across a really useful thread which would assist in my current situation but can no longer find it.

The thread broke down the different letters to send and the likely responses you'd get until reaching such a point you could get a default removed.

I'm up to the stage where the DCA has written to me to say they're unable to provide the info I requested and that they've requested it from the original credit provider.

This has now been 8 weeks.

I remember the thread I was referring to saying that now is the time to strike as they are bluffing and basically have nothing to go to court with therefore going on the front foot will lead to the removal of the default.

Anyone know where this can be found!?

Thanks in advance for your help

[Deleted User]

Even if they cannot produce an agreement, it is unlikely that the default would be removed.

juanlanesra

Deleted_User wrote: »

Even if they cannot produce an agreement, it is unlikely that the default would be removed.

Cheers for the reply - My memory is hazy but I was under the impression that the minute they start stalling and waffling like this that's when you can go for the jugular with them and they end up having to remove it

happy_bunny_2

Maybe if the original creditor could not prove you defaulted as they no longer had any records and neither did anyone, you might be able to convince the FOS to tell them to remove the default.

Other than that, not much hope if its correctly dated and for your account.

juanlanesra

ok, seems like I might have been after the wrong solution for the situation I'm in.

I did however find a similar article for what I was originally after here:

http://www.learnmoney.co.uk/credit-file/remove_default_notice.html

I'd have a really high credit score if it wasnt for my dealings with mobile phone companies... surely legislation has to come in to stop them slapping defaults about without attempting to reach a satisfactory resolution with the customer

happy_bunny_2

From what I have seen, the FOS won't side with this kind of example and a creditor will not remove a default for this reason.

Not even sure mobile contracts require default notices, like overdrafts don't.

You need another approach.

What are the circumstances for the default?

Maybe a subject access request to the original creditors may help see if anything is out of order.

Thrugelmir

juanlanesra wrote: »

I'd have a really high credit score if it wasnt for my dealings with mobile phone companies... surely legislation has to come in to stop them slapping defaults about without attempting to reach a satisfactory resolution with the customer

If you have multiple defaults then the probability is there's more to the tale than is being told.

juanlanesra

The one I'm trying to get rid of is from Vodafone... I've posted on here before and their customer rep sweeps you off the net for fear of damaging their image but you get no further...

Fact is, the person I spoke to said to me over the phone "if I was in your situation I would be livid but there's nothing that can be done".

Long story short, attempted to leave for a better deal at which point Vodafone offered me the same deal and if I committed for 18 months I could get a new phone too. Which I took.

Collected the phone and signed the paperwork from the store, when I put the sim in back home the deal was completely different - even worse than the one I was on with them.

Numerous calls to customer services to no avail, I went in to the store twice who were equally unable to help - although they did let me use their phone to ring customer services.

Ended up getting nowhere. They told me they'd check the call recordings for the conversation where my deal was outlined to me.

They never came back to me and every time I rang I started the process again.

Silly me, cut my direct debit off without ever using a minute of their service. They placed a default for the entire 18 month contract in excess of £600.

Thanks Vodafone!

I've since spoken with them trying to get it resolved but they offered me 20% off the sum or that it was declared in a position of deadlock.

I told them I'd pay the retail value of the phone at the time and not a penny more.

Looks like I'll be waiting for another 2 years for it to drop off my file.

juanlanesra

Thrugelmir wrote: »

If you have multiple defaults then the probability is there's more to the tale than is being told.

The only part I'll hold myself accountable for is not dealing with the dispute process properly.

But as an 18/9 year old you believe that these companies are reputable due to their size and that they wouldnt lie to you or screw you over.

These vultures slap defaults on willy nilly even though the dispute arises due to their errors.

Despite my best efforts to sort it out I didnt know the process of sending recorded letters citing legislation - I gave up after multiple calls and store visits and didnt think anything of it until it came back to bite me trying to get a mortgage.

happy_bunny_2

I would write to the DCA asking as after 8 weeks since your complaint, which ombudsman can you refer to. Probably FOS. Or, call the FOS and ask them if they can deal with your complaint.

At the same time, submit a SAR to Vodafone.