Can I get a default removed?

ssmesk3781

Hi all, I'm very new to this site so bare with me, sorry if I've posted this in the wrong thread.

I had a default issued with Virgin Media from an account setup in my ex partners house for my kids in my name. To cut a long story short my ex who agreed to pay the bill hadn't been keeping up with the payments which led to her being disconnected and me having the default. When learning about this which was a couple of months later I rang Virgin Media to pay off the debt in full, to my mistake I didn't try and negotiate them removing the default. So the account is closed and the balance is £0, but they are still defaulting it every month with a zero balance. (The default comes off in August 2017).

A year or so down the line I felt the impact of this default when applying for credit. So done some pleading which have seem to have worked with a few people on here but to no avail. My answer was; this is a true reflection of how you done business with Virgin Media.

So I decided to send a SAR request to them to go over and fine line all details of my account to see if there was anything I could use to justify the default being unlawful. (Small chance I know). Looking over the SAR which I received today, they haven't included a lot in it and I'm sure they are holding back information (which is another matter). But one thing I did notice in the opening letter was this:

Im sorry to inform you I cannot provide copies of any contracts as they are no longer stored on our systems.

Now am I rite in thinking how have they got any rite to share information about me to Experian without a legally binding contract, or a past one as it's a closed account? (May I add that the sharing with Experian is not within the SAR request they sent me either, last updated by them on 10/08/14).

So my question is: do I have grounds to work on potentially getting it removed on the contract basis? I know it does show a true reflection of the account and it's their obligation to show that, but they have no copy of any contract from the account?

Any help on this matter will be greatfully appreciated.

chanz4

Answer is no, also the agreement would be a service agreement.

ssmesk3781

Thanks Chanz4 for the reply I really appreciate it.

If you don't mind me asking? Do you know how a service provider passes on information about credit when there's no credit been given?

Stupid question I know.

nottoolate

if you were warned in t&cs when you took the contract out that it could be reported on your credit file then that is enough. they may not have a copy of your contract but they will doubtless have copies of the t&cs from the time that it would be hard to deny you ever had the opportunity to read, even if you chose not to bother.

credit is a wide term that covers any service taht you receive in advance and later pay for. is why even utility bills can go on credit files.

ssmesk3781

Thanks Nottoolate.

I didn't read the t&c and that was my fault. I would never be so naive to argue it on this fact tho.

I know I'm clutching at straws here, but what about the fact they didn't send me out a default warning? Are they meant to? It wasn't noted in the SAR request?

Is there anything I can try no matter how small of a chance?

Or should I just accept it's a true reflection of my credit dealings with them and forget it?

Tixy

On a service agreement strictly there is no requirement to send out a notice if intention to file a default. Although most companies will send out a letter making it clear that failure to pay will be recorded on your credit file and affect your ability to get credit.

That said you don't really have anything to lose by trying to get it removed. What letters did they send from when payments were first missed to when the default was recorded?

ssmesk3781

Thanks for your reply Tixy.

To be honest I don't know what letters were sent out as it was at my ex partners address.

But going off the SAR request, the only evidence I got off them of letters being sent is; 27/06/10 letter generated, and every time a letter was sent it's just that.

There's no saying if any default, there's no information to show they are sending any details to Experian. To be honest there's a lot they have left out, but my main goal is the defaults and not to correct them on the information they have provided.

I sent out a SAR request to Greenwood a few years back, they sent me a bible size package of information back, eg: exact photocopy if all letters information they shared with other company's and loads of other stuff. Virgin has just sent me out 8 sheets of paper with stuff on about what service I had and letters generated, closed account, payed account. It seems so rushed.

happy_bunny_2

If they haven't sent copies of bills etc, then I would argue they don't gave enough info to back up the default and should remove it. Worth a punt