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Default registered against me from One Call Insurance

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  • Default registered against me from One Call Insurance

    I had insurance with One Call for 16 days. The car I insured I returned and didn't get another car. When I tried to cancel One Call charged me a cancellation fee of 259. I complained but they upheld the complaint. I paid the bill in June 23. But today I checked my credit file to discover I had a default but had no knowledge of it. They did not send me default notice with 14 days to pay otherwise I would have done so. They did not notify me of their intention. Do I have grounds to have it removed? This on my file for 6 years for 259 has devastating effect on my ability to support my children as a single parent. Anyone with advice please help.
    Tags: None

  • #2
    Go through their Terms and Condition's to see how they should have proceeded regards the Default, what they should of sent and when.

    Send them a Subject Access Request, they have 30 days to provide all the data on the account.

    https://legalbeagles.info/library/gu...ccess-request/

    Comment


    • #3
      On the face of it, the answer should be that One Call has no right to file a default in relation to the cancellation charge. Your credit file is usually required to be updated in relation to credit repayments, not other one off charges. This is supported by the SCOR guidance which is what all creditors should be adhering to when reporting credit and filing arrears or defaults to reference agencies (see below) and I suggest you read Principle 4 on pages 6-7 which clarifies that defaults should not be filed if the debt is solely made up of fees or charges.

      https://www.scoronline.co.uk/wp-cont...d-DPA-2018.pdf

      The default would therefore amount to a breach of data protections laws for failing to ensure the data they report is accurate and up to date and so you could have a valid legal claim against One Call for compensation through legal proceedings if you so wished to go down that route.
      If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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      Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

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      • #4
        Thank you.

        Comment


        • #5
          Is that 259 solely a cancellation charge or does it include a "time on risk premium"?

          Comment

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