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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Hi, my husband made 4 late payments for his mobile phone service

Resolved Question:

Hi, my husband made 4 late payments for his mobile phone service to orange during 2010(redundancy, poor health). These payments are now creating a serious obstacle for us getting a mortgage. Is it necessary under the Consumer credit Act for all accounts to be reported? Or could we request that orange request this file be removed from the credit agency files? Thank you advance.
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi, thanks for your question. My name is XXXXX XXXXX I can help with this.

tdlawyer :

Will the house be in both your names that you intend to acquire a mortgage on?

Customer: Not necessarily, but we do need both our salaries considered for the mortgage
Customer: Sorry for the lengthy response time. This us the first time I have done this and I wasn't expecting such an immediate response
tdlawyer :

Okay, so realistically if you need both salaries considered, it'll need to be in both your names I believe. It's up to the lender, but this is how they usually work. In essence, you're not likely to be able to remove the missed payments, but you should be able to enter a notice on the record to explain why they were missed so that when a credit search is done, this information is revealed to the searching company.

tdlawyer :

Don't worry about the delay - we're an immediate service on here.

Customer: I see that in the US that Fair Credit Reporting Act does not demand that all accounts be reported. Is there a consumer law in the uk that says the same?
tdlawyer :

No, there isn't an equivalent. In the UK, it's dealt with via agreements between lenders, and they all usually agree to report accurately the conduct of an account etc. to credit reference agencies.

tdlawyer :

The only requirement here is that the reporting is accurate.

Customer: Ah ha. Do you know if such a notice on the record will improve a credit situation?
tdlawyer :

It can do, yes, although the problem these days is automated processing - "the computer says no" saga. Sometimes, lenders do not consider the additional comments, but they all have the ability to see them, but in all honesty, it's probably the best you're going to be able to do. For what it's worth, in 2 years, they will drop off your credit file altogether, but I appreciate that's a long time!

Customer: so just to be c100percent clear, there is no way I can get orange to wipe their report from my husbands credit file?
Customer: And Is there no such thing as a goodwill adjustment in the uk?
tdlawyer :

That's right I'm afraid. If it was inaccurate, then you could get it corrected, but not otherwise removed.

tdlawyer :

And no, there is no such thing as a goodwill adjustment I'm afraid.

Customer: Ok. Thank you for this clarity. Is there any other relevant advice you can offer me on this subject? Before I sign off are there any laws in our favour that may help our situation?
tdlawyer :

I'm afraid not, the position is pretty simple in the UK. The credit agencies will record the data fed to them by the institutions concerned and you can only get that removed where it's wrong/inaccurate. The best you could do is to dispute whether the report was accurate, but from what you've said, it's not inaccurate.

Customer: I actually need to go back and check our own accounts to see if there are any inaccuracies.. I'm assuming the credit report is correct.
Customer: Thank you for your advice.
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