default notice

[afee12345]

Hi,

 

I recently applied for a c/c and was turned down(very surprised).

I decided to check my credit file to see everything in order,

uprising realized adefault by Virgin Media in my file for £40.

I was a customer with vm and terminated my package(giving 30day notice ) with them in may to move on to sky (better deal

)and was out of my contract.

Services terminated on 10/5/13 and thought account was cleared all up to date.

 

In my credit file they have been marking late payments d,3,2,1,0,0,0,0 etc.

Under effective dates it says

start date .xx/xx/xx

default .08/13

end.20/8/13

 

Now my services ended on the 10/5 and in the report it says20/8??.(any one knows what that means)

I haven’t received any final bills from them, and readingabout defaults, never received a default notice as required.

I have written to them enclosing a £1 po, requesting a CCAas i did not even know this was under the xxxx1974 act....

 

Any members here can shed some light on this and can theystrike a default mark? What them dates above mean?

 

if there is true an amount outstanding I would want to pay off and have this default removed, any advice

 

thxs

[BRIGADIER2JCS]

Hi,

No default notice is required this is a 'service contract not a credit agreement.

 

There is no CCA 1974 regulated agreement so your letter is likely to be ignored.

 

The date are 1. The date the default was placed: 2. The Date the account as terminated.

 

Paying off the default will get the entry marked as satisfied not removed.

 

You need to write to VM and state what has happened and query the outstanding amount, which I guess is the final bill.

[afee12345]

if there's no cca 1974 agreement, can they still report to CRA's and mark a default on my report?

my account was closed down in may, they carried on reporting late payments and then marking default.

i just want it removed from my name as its affecting my credit by lenders' had a very good record and this has just knocked me back, no fault of mine.

[BRIGADIER2JCS]

Yes there is no restriction the debt still exists.

The default remains for six years from the date it was placed, and will be removed on the 6th anniversary of that date.

 

As said you must take this up directly with Virgin Media I suggest you make a formal complaint at 'executive' level then the complaint must be fully investigated and a response made within 56 days.

 

CRAs are not only for reporting regulated credit agreements/contract but service contracts and utilities.

[afee12345]

Been digging further in this vm reporting,

 

spoken to a consumer advisor and they give a conflicting explanation,

 

a default notice needs to be served for it to be defaulted and further action taken.

 

Default notice can be issued if a cca is in place in the first place.

 

ICO saying data can be reported as you have consented according to t&c,but once account closed, no longer consent valid.

 

now from the post ,

if it's a service agreement,

then a default notice if any or default marked will be incorrect?

or if account is closed, service terminated

than there's no service agreement in place?and

 

if VM have marked a default on account ,

then if outstanding monies are paid ,

the account is no longer in default?

 

Any feedback in this as thinking to proceed further to OFT or ICO..

[BRIGADIER2JCS]

Service contracts are Not CCA '74 regulated, no default notice applicable, usual course is a Final Demand for payment.

 

 

I would certainly like to see the ICOs statement in writing before attempting to rely on it.

[afee12345]

Service contracts are Not CCA '74 regulated, no default notice applicable, usual course is a Final Demand for payment.

 

 

I would certainly like to see the ICOs statement in writing before attempting to rely on it.

 

If there's no cca regulated and no default notice applicable, am I correct then vm are incorrect to mark CRA as default as it's incorrect?if so then ICO need to intervene if vm refuse to remove as not within cca act and information incorrectly reporting?

[BRIGADIER2JCS]

No, "default" in the case of a service contract is simply a term used to show either that contractual payments have not been made or a sum was owing when an account was closed which seems to be your problem.

 

 

The confusion in the ICO reply results from the mention of a CCA I think.

 

 

Your next move should be to find out what the £40 is, cancellation fee, final bill, you could make a SAR to VM to find out.

[afee12345]

umm,

in that case if payment are made to clear the outstanding balance or alleged default, then vm have to remove the default mark?as the account is no longer in default. Still marking the account as late payments.

Any thoughts?

[dx100uk]

the only way you will get the VM markers removed would be to plead nicely.

 

there is no remit to remove markers just because you latterly pay them.

 

dx

[BRIGADIER2JCS]

Exactly, paying after default has been placed does not mean that the default marker should be removed.