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Who regulates who?

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  • y3sitsm3 said:
    The default date would not be August 2019.  It would be typically 3-6 months worth of payments after you stopped making full repayments.  April 2020 is roughly in line with ICO guidance given you made a payment in February which would push back the time it took you to get to 6 months in arrears.

    Can't see you winning this (although admittedly registering a default in January and then pushing it back to April is a little strange.)

    Thanks again y3sitsm3 ... I have filed a complaint with both the ICO and CO so fingers crossed.

    As you say a service agreement is not governed by the CCA, then would the recording of default (on credit files) still be governed by the Limitation Act 1980 - potentially granting leniency to the Debtor by way of conscionable amendment or removal of the default by the Creditor, albeit at their discretion?


  • y3sitsm3
    y3sitsm3 Posts: 399 Forumite
    100 Posts Name Dropper
    edited 11 September 2021 at 1:39PM
    neilperks said:
    y3sitsm3 said:
    The default date would not be August 2019.  It would be typically 3-6 months worth of payments after you stopped making full repayments.  April 2020 is roughly in line with ICO guidance given you made a payment in February which would push back the time it took you to get to 6 months in arrears.

    Can't see you winning this (although admittedly registering a default in January and then pushing it back to April is a little strange.)

    Thanks again y3sitsm3 ... I have filed a complaint with both the ICO and CO so fingers crossed.

    As you say a service agreement is not governed by the CCA, then would the recording of default (on credit files) still be governed by the Limitation Act 1980 - potentially granting leniency to the Debtor by way of conscionable amendment or removal of the default by the Creditor, albeit at their discretion?


    Not really, no.

    Recording the account as up to date would be a breach of the Data Protection Act, it's not an accurate representation of the way the account was run.

    I'm not sure what the Limitation Act has to do with it.

    Clearly, EE are not amenable to any sort of amendment, and if the default is in line with ICO guidance (which, for the record, is merely guidance and they're not required to follow) then you've got no chance.
  • neilperks
    neilperks Posts: 34 Forumite
    Sixth Anniversary 10 Posts Combo Breaker
    edited 11 September 2021 at 1:48PM
    y3sitsm3 said:

    Not really, no.

    Recording the account as up to date would be a breach of the Data Protection Act, it's not an accurate representation of the way the account was run.

    I'm not sure what the Limitation Act has to do with it.

    Clearly, EE are not amenable to any sort of amendment, and if the default is in line with ICO guidance (which, for the record, is merely guidance and they're not required to follow) then you've got no chance.
    I was told that the LimitationAct was the reason why the default is recorded for 6 years specifically
  • neilperks said:
    y3sitsm3 said:

    Not really, no.

    Recording the account as up to date would be a breach of the Data Protection Act, it's not an accurate representation of the way the account was run.

    I'm not sure what the Limitation Act has to do with it.

    Clearly, EE are not amenable to any sort of amendment, and if the default is in line with ICO guidance (which, for the record, is merely guidance and they're not required to follow) then you've got no chance.
    I was told that the LimitationAct was the reason why the default is recorded for 6 years specifically
    No.  Who told you that?
  • y3sitsm3 said:
    neilperks said:
    y3sitsm3 said:

    Not really, no.

    Recording the account as up to date would be a breach of the Data Protection Act, it's not an accurate representation of the way the account was run.

    I'm not sure what the Limitation Act has to do with it.

    Clearly, EE are not amenable to any sort of amendment, and if the default is in line with ICO guidance (which, for the record, is merely guidance and they're not required to follow) then you've got no chance.
    I was told that the LimitationAct was the reason why the default is recorded for 6 years specifically
    No.  Who told you that?
    The Ntaional Debtline sent me a factsheet which includes information about time limits for collecting debt, set by the Limitations Act (6 Years)

    Under section 5 o the Limitations Act 1980, for actions founded on a simple contract, a claimant has six-years from the date of the breach of contract within which to bring a claim.

    However, typically, a default is recorded by the Creditor to reflect the entirety of the six-year limitation period which negatively impacts the Debtor’s credit file regardless of whether the Debtor has proactively settled their account, in full or in part, within the limitation period.

    If such a breach is settled by the Debtor, or mutually agreed to be Part-Settled between the Creditor and the Debtor, within this six-year period, the Creditor would no longer have ground for a claim against the Debtor and any remaining time allocated under the Limitations Act would be superfluous.

    The payment history on the credit file would still reflect any late / missing payments but the account can subsequently be marked as satisfied, if remedied?

  • neilperks said:
    y3sitsm3 said:
    neilperks said:
    y3sitsm3 said:

    Not really, no.

    Recording the account as up to date would be a breach of the Data Protection Act, it's not an accurate representation of the way the account was run.

    I'm not sure what the Limitation Act has to do with it.

    Clearly, EE are not amenable to any sort of amendment, and if the default is in line with ICO guidance (which, for the record, is merely guidance and they're not required to follow) then you've got no chance.
    I was told that the LimitationAct was the reason why the default is recorded for 6 years specifically
    No.  Who told you that?
    The Ntaional Debtline sent me a factsheet which includes information about time limits for collecting debt, set by the Limitations Act (6 Years)

    Under section 5 o the Limitations Act 1980, for actions founded on a simple contract, a claimant has six-years from the date of the breach of contract within which to bring a claim.

    However, typically, a default is recorded by the Creditor to reflect the entirety of the six-year limitation period which negatively impacts the Debtor’s credit file regardless of whether the Debtor has proactively settled their account, in full or in part, within the limitation period.

    If such a breach is settled by the Debtor, or mutually agreed to be Part-Settled between the Creditor and the Debtor, within this six-year period, the Creditor would no longer have ground for a claim against the Debtor and any remaining time allocated under the Limitations Act would be superfluous.

    The payment history on the credit file would still reflect any late / missing payments but the account can subsequently be marked as satisfied, if remedied?

    That's about the payment of debts.  The Data Protection Act is what covers the collection of data.

    That doesn't say that the default would go, it says it would be marked as satisfied.
  • sourcrates
    sourcrates Posts: 31,510 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 11 September 2021 at 5:17PM
    The only reason the Limitation act and a default on your credit file cross paths, is because the default date is now considered to be the "cause of action" date for certain consumer credit act related debts, the cause of action being the date a creditor could take legal action against you.

    But the date of the last payment to the account, can also be considered to be that date, it depends with occurred last.

    You are reading more into the act, than is actually there, and getting a tad confused with all of this.

    The limitation act, and a default added to your credit file, are two very separate entities, and apart from the above, have nothing else to do with each other.

    Your only chance of default removal, would have been as a gesture of goodwill on behalf of the creditor, not withstanding that, complaining about it, which is your statutory right by the way, may not help you either, and this has been mentioned previously, to comply with data protection issues, an accurate record of account conduct must be recorded, if the default was added correctly, then it cannot be removed nor amended.

    Also ICO guidance does not apply, as this is not a consumer credit act regulated agreement, a mobile service provider can default you whenever they choose, even after just one month in arrears, now the account is settled, there is no benefit to them to backdate the default, you will find most mobile service providers operate in very similar fashion, and are notoriously difficult to negotiate with.

    I wish you well with it, bit don`t hold out much hope for a successful conclusion.
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  • The only reason the Limitation act and a default on your credit file cross paths, is because the default date is now considered to be the "cause of action" date for certain consumer credit act related debts, the cause of action being the date a creditor could take legal action against you.

    But the date of the last payment to the account, can also be considered to be that date, it depends with occurred last.

    You are reading more into the act, than is actually there, and getting a tad confused with all of this.

    The limitation act, and a default added to your credit file, are two very separate entities, and apart from the above, have nothing else to do with each other.

    Your only chance of default removal, would have been as a gesture of goodwill on behalf of the creditor, not withstanding that, complaining about it, which is your statutory right by the way, may not help you either, and this has been mentioned previously, to comply with data protection issues, an accurate record of account conduct must be recorded, if the default was added correctly, then it cannot be removed nor amended.

    Also ICO guidance does not apply, as this is not a consumer credit act regulated agreement, a mobile service provider can default you whenever they choose, even after just one month in arrears, now the account is settled, there is no benefit to them to backdate the default, you will find most mobile service providers operate in very similar fashion, and are notoriously difficult to negotiate with.

    I wish you well with it, bit don`t hold out much hope for a successful conclusion.
    Thank you for your continued help, I really do appreciate it :)

    I suppose my confusion emerges with the understanding that my contract (service agreement) included the cost of the device concomitantly with the airtime  / 'sevice'... without having the original agreement, have I incorrectly assumed this matter would be within the terms of reference of the CCA?

    EE enlisted a third-party collector in October 2019 which is also why I have asserted that this is could be the original default date ... subsequently EE issued a final bil in January 2020, which I contested (my minimum term ended in Oct 2019, but additional charges were applied), and have since moved the default date to April 2020 in line with my settlement payment.

    It is frustrating to learn that my willingness to remedy a relatively minor sum (£61) counts for nothing with regard to the negative impact on my credit file ... where is the incentive to remedy if a default is recorded for 6 years regardless of any action taken? 

    🤷‍♂️



    I understand that there is no benefit to them backdating the default, likewise there is no benefit to them letting it remain on file for 6 years either, and having openly appealed to EE for removal / amendment in goodwill, they have also declined (again, knowing that they do have the means to offer this yet not being amenable seems delusive.

    Learning from your comments that EE can pretty much operate freely without having to adhere to ICO / OFCOM guideance seems unfair and contradictory to the legislation we have in place to otherwise protect comsumers ... All in all, I was hopeful of finding a route to an amicable resolve - perhaps approaching the people who set the rules for this type of thing - but the deeper I dig the less ground I end up with.

    After this, I won't be entering into another mobile phone contract thats for sure!

    Surely these 'service agreements' should provide more protection for the consumer? Who would have the authority to consider, decide and enforce this?

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