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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70412
Experience:  Over 5 years in practice
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About 5 years ago a phone sales phoned me and said my phone

Resolved Question:

About 5 years ago a phone sales phoned me and said my phone contract is nearly up then sold me a phone. When I phoned my phone provider when the new phone arrived (for the pin to change over the number to the new phone) I found out they were lying. Without using the phone I called 3 mobile to cancel the contract. They said they couldn't do it and would phone back. I did this for bout 2 weeks and got the same response. Then they claimed I'd used the phone. I said if I had you'd of told me when I first called. They wouldn't back down so I cancelled the direct debit. Now I've found out they've put a black mark against my name, which I found out because I'm applying for a mortgage. I waited for them to take me to court, which they never have. Is there anything I can do?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

I presume you cannot deny being in default?
Customer: replied 3 years ago.

What do you mean?

Expert:  Jo C. replied 3 years ago.
You accept that you were in default with the company?
Customer: replied 3 years ago.

The mortgage company saw it and I know they want the money but they should of cancelled the contract instead of stalling then lying

Expert:  Jo C. replied 3 years ago.
Ok.

What I need to know is this.

Had you paid the mobile phone company in full under the contract at the time they added the default? You do seem to accept that you did not.
Customer: replied 3 years ago.

No I didn't.

Expert:  Jo C. replied 3 years ago.
Ok. And that period is that same as the default that they added to your account?
Customer: replied 3 years ago.

I think so. Is this £40 per question?

Expert:  Jo C. replied 3 years ago.
No, you only pay when I answer.

Whats the date of the default please?
Customer: replied 3 years ago.

June 2009

Expert:  Jo C. replied 3 years ago.

Thanks for the information and the time.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

The simple answer is that there is not a great deal that can be done about this. They have added a default to your credit account because it is cheaper for them than going to court in terms of manpower. They are very hard to remove.

You can always lodge a notice of dispute. I'm not actually sure that I see a way that could be done here though because you seem to accept cancelling a direct debt which is all the default says. The default is not a ruling that you owe this money. its just a representation that you have failed to maintain this account in keeping with the contract.

You can always ask them to prove that they sent you proper notices. You'll find information on that here

http://www.learnmoney.co.uk/credit-file/remove_default_notice.html

but obviously you can only tell the truth and it would be irresponsible of me to tell you that you had a strong chance.

On the positive side though, this will drop off automatically in June 2015 and by the summer of this year it probably won't be biting as much.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/