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What statute has Carphone Warehouse breached? Please Help!

Hi,

After reading the forums, i made an effort to clean my credit report.

There were 2 accounts for CWP that were unsettled and defaulted. I contacted them and learned the accounts were written off.

I made an agreement with them to pay the settlement fees in full proividng they remove my Defaults. I had a document compiled and they agreed on letter headed paper.

Now that i have paid, they seem to be confused about the whole removal of Defaults. They are claiming that they thought what i was after was a satisfaction on my report.

To cut a long story short, it is in black and white and approved.

What statute of law would they be breaching if they failed to hold their end of the bargin up?

Comments

  • sho_me_da_money
    sho_me_da_money Posts: 1,679 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Ok f it,

    This is gonna sound crap but i have emailed the dude as follows:

    Hi xxxx,

    I am really concerned as we both know the ONLY and sole reason for me resurrecting both accounts was because i needed the actual default notices removed.

    Before making this request, i made sure i researched IF default notices could be removed once registered on a credit report. The answer in some cases is no but depending on the circumstances, an agreement can be met.

    To increase the chances of having a default removed, a customer can contact any owed lenders and negotiate a result to benefit both parties.

    Now in my particular case, both accounts were completely written off, which mean't they were closed and archived. Like most people, i could have done 1 of 3 things:

    1. Not bothered and not pay anything as they were written off
    2, Negotiated to satisfy both accounts by paying of a smaller full and final settlement fee
    3. Pay off the full balance subject to an authorisation of default notice removal.

    I obviously went for option 3 and made sure i had a letter-headed document to secure my request.

    In an endeavour to cover by backside, i clearly outlined each point and had CWP accept it with a letter headed confirmation. Furthermore i have a record of over 20 emails backing up my initial request. I'm not sure how clearer my instructions could be, do you agree?

    Whether this was misunderstood by Marie or not, i'm not sure, but given the history of this case (emails + telephone conversations) and most importantly our agreement letter, the owness falls on her.

    Just to remind anyone, the first bulletpoint in the letter says it all:

    • The Default Notice(s)/Registration(s) on both accounts will be removed

    That doesn't refer to the "Default Status" (as i have bullet pointed about the "status" on the same letter too). It specificallly was aimed at the registered notices themselves.

    By no means do i wish to have a go at you. You have been completely supportive throughout my case but i am sure you can appreciate my concern. I would be extremely dissapointed to see CWP not hold up their end of the bargain.

    Please could you be kind enough to get this sorted with a manager today and report back with an answer? Once i know, i can then make plans for any further action - be it nothing or consider legal proceedings for breaching a written agreement.

    Kind Regards,

    XXX
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