Mobile Phone company exemption from CCA 1974

[jobi69uk]

Hi all help would be much appreciated on the below. How would you respond, my overall goal is to have this default removed from credit file.

I got this response in reply to request for a default to be removed from a mobile phone company as below:

The account was billed online and as such all due invoices were viewable and managed by you. I’m sorry but we are obliged to show a correct history of your payments on the credit reference agencies and as such cannot remove or amend accurate information.

The account was not covered by the Consumer Credit Act 1974 and therefore a notice of default or the other items you list are not required. We fulfil our obligations by the issuing of payable invoices within the terms of your agreement. Your credit file is correct.

[Amethyst]

Re: Mobile Phone company exemption from CCA 1974

They are correct, they have to report accurate information to the CRA's.

What's the situation with the debt?

[jobi69uk]

Re: Mobile Phone company exemption from CCA 1974

It's a default that has been paid off and settled. However I never recieved a default notice. It is not till I saw a default on my account recently that I was shocked that they had put one on my credit file. how can they do this without any letters warning me or correspondence?

[nemesis45]

Re: Mobile Phone company exemption from CCA 1974

It's a default that has been paid off and settled. However I never recieved a default notice. It is not till I saw a default on my account recently that I was shocked that they had put one on my credit file. how can they do this without any letters warning me or correspondence?

Default Notices are not required with phone service contract which are not regulated by CCA 1974 ( as amended)

A demand and /or a Final Demand for payment is issued which will contain a notice that a default will be registered
if the demand is not complied with.
These will be similar to an invoice in appearance.
nem

[jobi69uk]

Re: Mobile Phone company exemption from CCA 1974

I never recieved a demand or final demand. Does this mean that if this was not issued the default can be removed?

[nemesis45]

Re: Mobile Phone company exemption from CCA 1974

I never recieved a demand or final demand. Does this mean that if this was not issued the default can be removed?

I suspect that ( from what I have seen dealing with other service contract) that an " final Invoice" would have been set.

The Information Commissioners Office Requires that credit reference files show an up to date and accurate picture of the conduct
of an account.

A default appears to have occurred and has been recorded correctly it seems, the record remains for 6 years
from the default date after which it is removed from credit files paid or not.

Satisfying the default results only in the file being marked as " Satisfied".

You can of course make a " Subject Access Request " under the provisions of the Data Protection Act 1998
to the service provider, this requires them to provide all " personal " data the company holds on you which
would include copies of letters sent to you regarding the account.
The company has 40 days to comply. There is a £10 statutory fee for the request, there is a template you can
amend to suit in the forum library. Send by signed for post addressed to the Data Controller at the service
provider head office.

nem