Taking company to Court vs Backing down

MalMonroe

To say -

"Eon energy, one year ago, there was a massive !!!!!!-up with my direct debits/payment plan. Long story. They defaulted me."

is very vague indeed.

If a direct debit agreement is not followed correctly, you do have some protection, as per the direct debit guarantee -

https://www.directdebit.co.uk/DirectDebitExplained/pages/directdebitguarantee.aspx

It appears that you do not disagree that you owed them £3k because you paid it off. Your argument is that you don't want the default on your credit file. 

Won't the default drop off after 12 months? If so, it's not worth wasting any more time or effort on this. 

If you had doubts about money owed or any wrongdoing, that'd be a different matter but you seem to just want the default removing. It will be removed. But by the time you've managed to get it removed, if indeed you can, the 12 month period will be over anyway.

sensation99

Defaults dont stay on credit file for 6 months


Its 6 years mate, even if you've paid it

LaHostessAvecLaMostess

sensation99 said:

Ombudsman are a waste of time. They ruled in favour of EON last time, when they i tried to have the Default removed, on account of EON cocking up my direct debit.

If a company promises to remove a default, and a person takes out a credit card to remove said debt.

Then that company should be held accountable, and in the eyes of the law should remove said default.

None of you are lenders obviously, but i've read an arrangement payment, doesnt look anywhere near as bad as a default.

You could theoretically hold them accountable by requesting some form of financial restitution via the courts but you won't get the courts to order them to break the law.  Courts are there to uphold the law, not demand people break it.

sensation99

But i've used credit cards, to pay off the debt. Im accruing daily interest?

Had they not advised that they would have removed the default

I'd have just kept paying to them what i owe, slowly but surely. I'm in credit card debt for absolutely nothing.

And some of you believe I don't have a right to take them to court?

sensation99

They wont even refund me the £3,000, as technically it was paid in error and paid under false pretences

There's a lot of !!!!!! going on here

The_Fat_Controller

If you did not owe the £3000 then why did you pay it at all ?

You don't just do something like that "in error and under false pretences"

What did you believe you owed and could have paid off "slowly but surely" ?

@sensation99 there certainly is a lot of !!!!! going on here, you really need to tell the whole story and not just selected snippets.

sensation99

Where did I say i did not owe the £3,000?

I owed it, but I paid it in full under false pretences thinking they would remove my default.

BECAUSE THEY SAID THEY WOULD.

Are you stupid or something? Now i'm stuck with credit card debt and interest to boot.

(Seriously, how many times for you people)

The_Fat_Controller

How did a "cocked up Direct Debit" lead to £3000 of arrears that you did not notice ?

If you have it in writing or a recorded phone call that they would remove the default once you paid your arrears then you have a case.

GrumpyDil

sensation99 said:

Where did I say i did not owe the £3,000?

I owed it, but I paid it in full under false pretences thinking they would remove my default.

BECAUSE THEY SAID THEY WOULD.

Are you stupid or something? Now i'm stuck with credit card debt and interest to boot.

(Seriously, how many times for you people)

Hang on a minute. You've not actually explained in simple terms what happened here to end owing 3000. If it was because EON failed to collect your DD you may have some sort of case.

Without having the full story no one can really give you any meaningful advice/suggestions. 

[Deleted User]

In short, you're in the best position of all the options available to you. 

The default is preferable to the longer term AP.  AP is just a polite way of saying default.

And if you'd succeeded in your plan of paying off slowly, you wouldn't have the benefit of the account being marked as settled, causing you further damage.

Now you just need to focus clearing your credit card debt. Use some of your mortgage deposit  to clear it.