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Can't get credit because of incorrect default.

Hi
I signed up online with NTL (now VirginMedia in 2006)
I NEVER SIGNED ANY CONTRACT.....

My bills were constantly wrong every month. I phoned every month and was promised they would sort it out each time by the next bill. i was cut off twice because of their incorrect billing (which they accepted at the time). I was even charged to have the service put back on after one of their "errors"!.
Eventually i told them I wasn't paying the bill till they got it right. And also told them I would leave if they didn't. The next bill was still wrong so i rang and told them to stop the service.
As this point i believed i didn't owe them any money.
Shortly after i moved out of where i was living.

I recently applied for credit and was refused due to a default for £85 on my credit record. This was from NTL. I know I don't owe them this money and I never signed any agreement anyway.

What do i do to get this off my record??

Thanks John
«1

Comments

  • momisa
    momisa Posts: 295 Forumite
    Part of the Furniture Photogenic Combo Breaker
    Hi Fozzee

    You need to know how many credit files this debt is on. As there a 3 (Equifax, Callcredit and credit expert) you may find that the debt is on 1 file, or 2 or all 3. It costs £2 to have a hardcopy of the file snail mailed to you.

    Once you see the debt listed on the report(s) you'll be able to decide what to do next.

    You could phone equifax/call credit/credit expert and ask that they open an enquiry about the debt and they'll contact VirginMedia.

    You could snail mail VirginMedia and explain the situation and state that you want your record updated immediately. If you do this use recorded delivery as you'll get a quicker response.

    I'd be tempted to do both but would first write to VirginMedia. If they agree with you that you don't owe anything then you'll have proof of that in their letter and you can then phone the credit reference agencies to have the file corrected.

    HTH
  • Fozzee
    Fozzee Posts: 21 Forumite
    momisa wrote: »
    Hi Fozzee

    You need to know how many credit files this debt is on. As there a 3 (Equifax, Callcredit and credit expert) you may find that the debt is on 1 file, or 2 or all 3. It costs £2 to have a hardcopy of the file snail mailed to you.

    Once you see the debt listed on the report(s) you'll be able to decide what to do next.

    You could phone equifax/call credit/credit expert and ask that they open an enquiry about the debt and they'll contact VirginMedia.

    You could snail mail VirginMedia and explain the situation and state that you want your record updated immediately. If you do this use recorded delivery as you'll get a quicker response.

    I'd be tempted to do both but would first write to VirginMedia. If they agree with you that you don't owe anything then you'll have proof of that in their letter and you can then phone the credit reference agencies to have the file corrected.

    HTH

    Any advice on how to word it?
    I don't have any old bills etc from back then.
    Can I ask them to provide an itemised breakdown on what I owe?

    Thanks

    John
  • Am I not right in saying that if you didn't sign a contract then they have no legal right to tell the credit agencies anything? i thought companies could only give the credit agencies information about your debts if you sign an agreement allowing them to?

    I would write and ask Virgin for a copy of the contract you signed that permitted them to give your details to anyone else for them to store. If they dont have such a signed agreement then as far as I'm aware they have committed a criminal offence.
  • s1h
    s1h Posts: 491 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Write to the credit ref agencies, who have got the default listed. Equifax/Experian etc.

    I had to do this when there was a default showing incorrectly on my equifax file they were really helpful put a notice on my file saying the information might not be correct, wrote to tmobile for me then couple of weeks later i got a reply saying it has been removed.

    Just applied for a 3k loan from A&L that I wanted to get rid of credit cards that are on high rates and was accepted.
  • Here is another line of attack. Let's assume you did not receive the default notice (get my drift....?).

    Follow this advice:

    http://www.learnmoney.co.uk/credit-cards/remove_default_notice.html
    Don't lie, thieve, cheat or steal. The Government do not like the competition.
    The Lord Giveth and the Government Taketh Away.
    I'm sorry, I don't apologise. That's just the way I am. Homer (Simpson)
  • Here is another line of attack. Let's assume you did not receive the default notice (get my drift....?).

    Follow this advice:

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

    Awesome link! There is a rebel inside me that loves fighting these companies :D :T :rotfl:
  • Fozzee
    Fozzee Posts: 21 Forumite
    Great advice thanks....

    So I should have a pretty good case as I never signed any agreement with them in the first place.
  • Fozzee wrote: »
    Great advice thanks....

    So I should have a pretty good case as I never signed any agreement with them in the first place.

    I just realised you said you signed up online. That probably means there was an agreement that you had to read and accept (and put a tick in a box) so the fact you didn't sign anything won't matter if you did accept this agreement.

    I'd go with contacting Virgin asking them to send you your default notice (as per described in the link above) or go through Equifax's dispute system.
  • neenaw wrote: »
    I just realised you said you signed up online. That probably means there was an agreement that you had to read and accept (and put a tick in a box) so the fact you didn't sign anything won't matter if you did accept this agreement.

    I'd go with contacting Virgin asking them to send you your default notice (as per described in the link above) or go through Equifax's dispute system.

    Would i be right to use the section of the law in that letter as it wasn't a fixed sum agreement?

    And am i within my rights to ask them to provide a breakdown of how they reached the amount?
  • Sorry just a quick point about the online sign up. From memory i just ticked a box agreeing to their terms and conditions. NOT a credit agreement.
    Not sure if this makes a difference.

    And also does having moved to a different address count as a defence to not receiving a default notice?
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