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O2 Refusing to remove default on my credit file

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I'd be super grateful to anyone that can help.

I have a settled o2 default on my credit file dating back to 2012. Its for £230 which was settled in 2012. The debt was paid but the default is still showing on my credit report albeit settled.I found a template letter on here and edited it filling in my information and sent it off. The template letter was basically requesting for them to show me the notice of default they had issued me and whether they had followed all formalities correctly.

They have recently replied back saying ''your account was not governed by the consumer credit act 1974 for fixed term credit (your account was not fixed term) and therefore are not obliged to issue a notice of default. We fulfil our obligations of the issuing of payable invoices within the terms of your contract. The satisfied loading is correct and will not be amended or removed.''

Anyone have any idea what i would reply back? Is there a way i can dispute this?

Comments

  • DCFC79
    DCFC79 Posts: 40,641 Forumite
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    Is the date for the default 2012 ?
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    It is correct that there is no legal obligation or rule to issue a default notice on a phone contract.

    I suspect I know the template you used, which is not much use even for consumer credit regulated accounts, so wholly pointless and inapplicable here.

    There is a recommendation from the ICO that you are warned before a default is applied, but if your account T&Cs or you have otherwise been informed that no payment may lead to a default, then not issuing a warning would not invalidate the default on the CRA record.

    Even when a warning is sent, they are not obliged to keep a record, or not least beyond an internal note to say one was sent.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

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  • yes it was issued in 2012
  • Thanks for the response. So am i completely out of options here?
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    alexj90 wrote: »
    Thanks for the response. So am i completely out of options here?

    Your credit history is an accurate record of events. If information could be easily removed. Make the whole system pointless and valueless.
  • Thrugelmir wrote: »
    Your credit history is an accurate record of events. If information could be easily removed. Make the whole system pointless and valueless.

    i agree however i find it a bit harsh for them to refuse to remove a default from 4 years ago where i have cleared the balance. It has affected my credit report even though it shows as settled. Really gutted there isnt a way around this. Thanks anyway
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    alexj90 wrote: »
    i agree however i find it a bit harsh for them to refuse to remove a default from 4 years ago where i have cleared the balance. It has affected my credit report even though it shows as settled. Really gutted there isnt a way around this. Thanks anyway

    Why is it harsh? The purpose of a credit file is to warn others. No business wants customers who aren't going to pay their bills on time without being chased and costing money in the process. Cash is the life blood of companies.
  • m4rc
    m4rc Posts: 315 Forumite
    alexj90 wrote: »
    i agree however i find it a bit harsh for them to refuse to remove a default from 4 years ago where i have cleared the balance. It has affected my credit report even though it shows as settled. Really gutted there isnt a way around this. Thanks anyway

    The positive is its a small amount and marked as settled and shouldn't have much of an impact on your credit history now, it will vanish 6 years to the day (give it a few days) that the default was registered.

    And don't worry that it's 'affected your credit report' - you don't know how lenders will see it, they may well not be bothered as its a mobile contract and settled soon after default, it may well impact a mortgage application but go through a broker and tell them it's there so they can assess it. For credit cards and other finance they all have their own lending criteria that they don't and won't disclose, some will refuse you instantly, many others would look at he rest of your application, some won't be at all bothered.

    Best to just move on I'm afraid, O2 don't have to remove the default and most likely won't as they are simply reporting the facts to the CRA's.
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