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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a default on my credit file, which i belive

Customer Question

Hello
I have a default on my credit file, which i belive shouldnt be on my file. I opened an accout with virgin media in October 2011, had vaious problems with service so decided to cancel in 28 days cooling of period. However I continued to receive bills, I contacted Vigin media again, but theu told me my account was still open, so I asked them to close again. Anyways VM disconnected my services and sent me a larger than expected bill as they didnt close my account on time. I disputed this for a few months, but had no luck, so decided to pay full amount in March 2012. However recently I noticed on my credit file that VM has recorded full payment, then put a default on my file. I contacted VM numberous times but no luck. I was wondering if I could take legal action, take VM to court and get them to remove this. I have tried credit companies, but they put a dispute but virgin informs them that this info is correct. please could you advice.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
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Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Why won't Virgin remove this? Did they give you a final response?
Alex
Customer: replied 1 year ago.
Hi
They reckon during this period from November 2011, December 2011, Jan-Mar 2012 while i was disputing this I didnt keep up with payments. Even though the service was disconnected by them, I was sening letters to convice them I dont owe them any money, as I cancelled within cooling off period. In the end they £10 reduction as a good will gesture and I paid them £119. But then they put the default which I saw few years later. They are saying this info is all correct. Also I would have thought if they were recording missed payments they would have 6 missed payments then recoreded a default. Hower it shows as 4 missed payments and the 5th month they put a default on. Is there anyway I can get this removed.
Expert:  Ash replied 1 year ago.
You can take them to Court. The Data Protection Act states at Section 14:
14 Rectification, 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.
(2)Subsection (1) applies whether or not the data accurately record information received or obtained by the data controller from the data subject or a third party but where the data accurately record such information, then—
(a)if the requirements mentioned in paragraph 7 of Part II of Schedule 1 have been complied with, the court may, instead of making an order under subsection (1), make an order requiring the data to be supplemented by such statement of the true facts relating to the matters dealt with by the data as the court may approve, and
(b)if all or any of those requirements have not been complied with, the court may, instead of making an order under that subsection, make such order as it thinks fit for securing compliance with those requirements with or without a further order requiring the data to be supplemented by such a statement as is mentioned in paragraph (a).
You need to complete form N208:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf
The court will send a copy to the other side and set the matter down for a hearing. The Judge will decide whether to order them to remove the default.
Can I clarify anything for you about this today please?
Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
If you don't rate then the site does not pay me for the time I have spent answering your question.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: replied 1 year ago.
hi, sorry for the late reply. didnt know my question got a response. I have alreay done a online money claim (small claims court)of £130, which doesnt seem like i can get the default removed but will only allowe me to claim that monet. Is this wrong what I have done. Can I still use the N208, also how much will that cost.
Expert:  Ash replied 1 year ago.
Yes you can use form n208. The cost is £280
Does that help?
Alex
Customer: replied 1 year ago.
thanks, ***** ***** my existing smalls court claim i filed online 2 weeks ago, should i let that continue, i paid £25. The cost for n208 is £280 is there any further costs for n208. will smalll claims am i right in thinking we can only recover money and not get actions like defaults removed.
Expert:  Ash replied 1 year ago.
Yes, small claim is for recovery of £ only.
Does that help?
Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen.  Please do not forget!  Thank you.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: replied 1 year ago.
if i do a small claims and am unsuccessfull can i still do the above n208. As i have already started the small claims, not really interetsed in claiming money back, just want the default removed, and with smalls claim i cant really get the default removed.
Expert:  Ash replied 1 year ago.
It wont be a small claim for the above. If you want the default removed then you need to amend your existing claim to reflect the above.
Does that clarify?
Alex