Not really sure to be honest, i'm currently in fairly decent negotiation with Eversheds, but it all depends on the flexibility of Citi.

My claim is still ongoing! I'm getting sick and tired in having to reiterate why i require default removal to both Citi and Sheds, they keep stating they 'feel' it's correct!

Another weird, cryptic, update to this thread. Spoke to the company again who have apparently removed the default and marked the account as settled, but left any late payment information there. I clarified this saying the late payment information being the numerical representation of payments to which he agreed. He said the account is no longer in default as he could see that i cleared the debt as agreed 5 years ago, and that the changes had been made. Although he said the default was removed i find this highly unlikely, i'm going to get a new credit report and see what it says, i imagine it's going to say 'Default - Satisifed', in which case the issue still remains!

Hey dudes, not much progress yet as i missed a call from their complaints department today. Stikky - The reason behind me wanting a default removal as although it's not a default in relation to the provision of credit, it shouldn't affect me adversely when attempting to get credit i.e a Mortgage. The service provider's default is merely a marker to say i missed a payment/s and didn't pay after 14 days. Unfortunately regardless of the type of default, I and others like me, will be having to pay higher rates on any credit they require purely because of these defaults. If it was a breach of a credit arrangement that i had notification of, then fine. When it's an underhand attempt to teach you a lesson for not paying on time, i don't really accept it.

Thanks for that mate, so essentially a few years ago CRA's were only contacted after a CCJ and a default recorded afterwards, then CCA defaults came, without the need for court, and following suit, service agreement defaults? From a legal standpoint then, with these service defaults, what legal requirement, if any, do all these companies have to adhere to? Every one of them obviously waves the 'we have a legal requirement to record accurate credit data' which is fair, but do they have a legal requirement to record 'defaults'?

Small update, got a phone call from the complaints department today which caught me slightly unawares, i'm not entirely sure what was agreed now either so i'm going to have to get in touch again. I do remember the dude saying 'we cannot remove the default' though. I think they were going to change it to 'settled', as if it were a CCA default...which it isn't!!

This case is still ongoing everyone, i'm still trying to reach a settle agreement with Citi's solictors. I doubt it's going to get anywhere though!

28 days to respond to the claim, and 7 days if they are in judgement by default, all cases appear to be being dealt with by Eversheds now though.

I wouldn't stop there to be honest. Even though it is not a default of a Consumer Credit Agreement it still appears on your credit file, and any potential lender would treat it the same way as normal default Try to get it taken off if you can

Very good news, i suppose this shows it is possible to remove defaults now!

They are correct, they do not need to send you notice of a default as per the Consumer Credit Act 1974. What they have recorded is a 'default' of a the Service Contract you have with them, in that you didn't pay them the full amount of a bill after 14 days. It's sly because whilst it is not a credit default, you will still be financially crippled in the same way.

Excellent, i can sleep soundly tonight now!

I've recieved an offer from an organisation with that text at the top of the letter. Now i know that means if they offer the full amount of the claim, i refuse and take it to court i could be liable for their solictor costs. My claim is going through the small claims track and i have indeed rejected their offer, as they have no included an instrincally linked default removal in the settlement. If this were to get to court, and i were to win, the same costs plus default removal, could i still be liable for their costs?

I'm working on another case for my brother, who has gone to the court phase, and received judgement, two weeks ago infact but as of yet still has received nothing from Capital One, not even a letter saying they're going to respond! Have the changed tactics or are they crippled with mountains of paperwork?

Well...one team has had enough of my moaning, onwards and upwards on the complaints laddder

I'm conversing via email with them so i don't really mind spending a bit of time, if i suceed a can get a house a few months sooner, but it's more the principals of the case. I know the tactic i want to use, but i wont divulge that on here until i get a few more responses back from them. I'm enjoying making them flick through Wikipedia though, to try and back up their ridiculous 'legal requirements'. I feel sorry for people who have got these 'defaults' on their credit file for a long time to come. It sickens me to think that the consumer base can be treated like garbage by the justice system, purely because they're not big fancy companies with millions of pounds worth of clout behind them. Vodafone in comparison were much easier than this company, all it took was two letters threatening litigation, and 'as a gesture of goodwill' it was gone. This company however, cannot remove defaults in the same way, more 'legal requirements'!

Just a quick update regarding this outstanding default. There has been a bit of pushing and pulling between myself and the company today, with them, as expected sticking to their guns. They originally told me they couldn't remove a default, because they're legally required to record it. When i asked specifically what the legal requirement was, i recieved a cryptic reply, quoting no law. "As per the D.P.A Information Commissioners guidelines and the legal requirements of Equifax and Experian we are bound to load an accurate record of the payment history of an account" I then dug a little deeper and requested information as to why a default continues to appear on my file when the account has been settled, 5 years ago infact. Now, at this point i thought they werent regulated by CCA 1974, but then got this... "Under the s.78(1) Consumer Credit Act 1974 (s.77(1) for fixed sum credit)there is no requirement for us to provide a notice of default as we do not offer deferred payment terms and under the Terms and Conditions provided when you took out your contract (Use and Disclosure of Information section) details of the account will have to be loaded for the required six year from the date of the default" So they're not regulated by the CCA (or are they?!), but are quoting it as the reason for recording a default notice, which isn't a default notice under CCA, but a breach of their contract (yeah, which is a default in their terms). So, on from that I asked if i could have copies of the requests for repayments sent out to me, as they're obviously not required to send defaults. To which i got a screen print of a load of numbers. I never recieved any letters to my knowledge but we will wait and see what they magic up for me!

Same response i got in relation to default i have from them. They have absolutely no interest in removing it, brandishing a 'legal requirement' to record it.

Also, because they have purged the manual intervention on all account after 2006, provided your default is before that, they can no longer substantiate it anyway.

Thanks for the info. Just shocking realy. Im pursuing down avenues to have it removed, in any case it dissapears next year, but i guess any lender scanning through a credit file will say 'ohh default' just as i have done.

This may be a silly question, but i'll ask it anyway. I recently got my credit report from all 3 agencies, all were as i expected, except Equifax which had a default from a mobile company placed there about 4 years ago, something i dont even remember. Now i know that mobile contracts are services, and not regulated by the CCA, but what does this mean in terms of my credit rating. If i wanted to get a loan for example, would this be rejected because of a £20 mobile phone default?

This: Schedule 1 Key Financial Information General Terms and conditions as at September 2007 1. We will set a credit limit for your Account and keep you informed what it is. We may change your Credit Limit at any time but will tell you when we do. 3.Unless we tell you otherwise, the minimum monthly amount you must pay will be (where applicable): 3.1 the greater of £5 or 3% of the Non-Citi Flex Payments Balance; plus 3.2 the Citi Flex Payments Monthly Instalment. 12. In the instances stated below, your Account will be charged with the following service fees (unless otherwise specified, interest will be charged at the standard rate for Purchases): 12.1 Late fees: £12 each time we do not receive the minimum payment required on or before the Payment Due Date specified on each statement; 12.2 Overlimit fees: £12 if your Account Balance exceeds the Credit Limit on the statement date; 12.3 Returned payments: £12 each time a payment to your Account is not honoured when presented for payment; and 12.4 Insufficient funds: £12 each time you use a Credit Card Cheque issued from your Account when you do not have sufficient funds to cover this amount (for non-promotional Credit Card Cheques, interest on this service fee will be charged at the standard rate for Cash Advances; for promotional Credit Card Cheques, interest on this service fee will be charged at the promotional rate applicable to the relevant Credit Card Cheque). 23.2 Credit Card Cheques may only be used by you within your Credit Limit and cannot be used to pay any sums you may owe us. We will debit your Account with the amount of each Credit Card Cheque. We may do so even if it has been presented for payment after we have received notice of your bankruptcy or death. Credit Card Cheques may only be used in the United Kingdom. 24.1 The Balance on your Account must never exceed your Credit Limit. We may decline Transactions that are over your Credit Limit, but we may authorise them and you will still have to pay Charges. You must immediately repay any amount over your Credit Limit in addition to the minimum monthly payment.

Thanks for clicking the scales mate. If you're filing the N1 now, you need to do 3 copies of everything; the N1 claim, the POC, and the schedules (Schedule of charges & Terms and Conditions). Once submitted to the Court Service, all copies are stamped, one is retained by them, the others are served to the defendant and claimant. Saying that, obviously Citicards will lose it, along with everything else that comes their way...

Yup, and quote the relevant section (14) of the data protection act, in relation to the inaccuracy of data

Have a look at my thread dude, there's a nice passage you can chuck in there. I'll race you to victory