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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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On the 5th Feb two defaults from a gas and electric supplier

Customer Question

On the 5th Feb two defaults from a gas and electric supplier at has been put in my credit file preventing me from getting a mortgage.
We have spoke to said company on 21st March who confirmed the last dated letter they sent us was June 2014. The have also sent us a of letter last week showing the 3 dates they sent us letters in April, May and June not others.
We did not receive a default notification from them. We have two forms of proof, one of a telephone recording from them stating the last dated letter was in June 2014 and also the letter sent last week.
They told us a debt collector company should have written to us in December 2014 with a default notification.
The debt collection company have confirmed to us they did not send us any default and the last time they wrote to us was 21st August 2014. We received this letter and made a payment in September to make sure no further action was taken why we were in dispute with them. We have proof in form of a letter from the debt collector as we asked them to send us confirmation of the last dated letter they sent us and we to also have a recorded telephone conversation.
We have not heard any though else. We only found out about the default when refused a mortgage last week.
We have sent the supplier a letter stating all the above. Today they have told is they wrote to us in December with a default notification. We do not think this is true because we did not receive it and we have the both a record conversation and a letter from the supplier from last week both stating they last wrote to us in June with a late payment reminder.
Please can you advice us of our rights? We have been left with these defaults on our credit file meaning we cannot get a mortgage and we need them to be removed. Is there anything we can do.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Do you accept their version or are you saying they are wrong and you are not in default please?

Customer : We don't think we should be in defused beausse when we made the payment to the debt collection company in September we asked them to send us final bills and info as we were disputing the amount owed. We hadn't received meter reading.
Customer : Meant to say default. We don't accept it
Customer : Hi are you there?
Alex Watts :

Yes I am

Customer : Ok great thanks
Alex Watts :

You need to write and ask formally that they remove the defaults or say you go to Court.

Alex Watts :

If they refuse then the Data Protection Act states:

Alex Watts :

14Rectification, blocking, erasure and destruction.


(1)If a court is satisfied on the application of a data subject that personal data of which the applicant is the subject are inaccurate, the court may order the data controller to rectify, block, erase or destroy those data and any other personal data in respect of which he is the data controller and which contain an expression of opinion which appears to the court to be based on the inaccurate data.

Alex Watts :

You would need to complete form N208

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf

Alex Watts :

The claim would be issued and a copy sent to the other side. They will have a limited time to defend it.

Alex Watts :

The Court will set the matter down for a hearing and decide whether to order them to remove the defaults and correct the information held.

Alex Watts :

If the Court does then they will have to notify Experian, Call Credit and Equifax to have the defaults removed.

Alex Watts :

But if they refuse to remove them then only a Court order can make them do it

Alex Watts :

Can I clarify anything for you about this today please?

Customer : We have written to them on the 23rd March by signed for recorded delivery. They got it last Tuesday but are aayinf they still haven't received it. So I have been phoning them and today they told me they aren't going to remove them because they have changed their story and saying they did send default notice
Alex Watts :

Ok - then you can take action and sue for the correction

Alex Watts :

Does that help?

Customer : Ok thanks. We will have a look.
Alex Watts :

Great. Can I clarify anything else for you?

Customer : That's it thanks
Alex Watts :

Great. If I can ask you to rate my answer before you go today please, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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