Default registered against me from One Call Insurance

[AFB]

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.

[echat11]

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/

[R0b]

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.

[AFB]

Thank you.

[des8]

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

[AFB]

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

It was for cancellation and some additions I think for a hire car if I was involved in an accident etc.

[des8]

"you think" //// do you not have a breakdown of how that figure was calculated?

[AFB]

I will request a figure of how it was calculated. I took out extra additions for car hire if I had an accident.
I have written a complaint to them requesting this and other proof of what they have done, steps etc leading to this default. They have ignored it and said they are satisfied that they were correct in filing a default against me, and have marked it internally satisfied. They also blamed the credit reference agency for not reporting it in good time. But seem to have missed or ignored my complaint, what was the default for exactly, why didn't they contact me, where is the default notice allowing me 14 days to either pay or contact them. This particular company is faceless. They have said if I am not happy with their final decision to take it up with financial ombudsmen.

[des8]

for the benefit of other posters it seems that the £259 included £17 outstanding premium for which a default might legitimately be registered as the premiums were being paid in instalments (as long as correct procedures are followed)
The balance allegedly defaulted was made up of other one off charges and brokers extortionate fees.

Did you send off a SAR as suggested, and if so what was the result?

I would initially take up their suggestion to complain to FOC, although other posters might have different suggestions