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frantzgregory
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Category: Law
Satisfied Customers: 1306
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I’m writing to ask you about a default notice placed on my

Customer Question

I’m writing to ask you about a default notice placed on my credit file by my old mobile phone provider (EE) which I've asked to be removed under the Consumer Credit Act, however their legal team have informed me that the (debtor/creditor suplplier) agreement I have is not governed by the Act, and that the terms and conditions of the agreement explain that if a bill is not settled if would constitute a breach of contract, so the information recorded on your Credit File can not be amended or removed. If OFCOM do not set any regulations for the recording of default notices, and the agreement is not governied by CCA, what ground do I have for recourse / what are my rights?
JA: Where are you? It matters because laws vary by location.
Customer: England
JA: What steps have you taken so far?
Customer: Appealed to service provider who have issued a letter of deadlock
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: currently compling a complaint with the communications ombudsman
Submitted: 6 days ago.
Category: Law
Expert:  frantzgregory replied 6 days ago.

Hello, thank you for contacting JustAnswer. I will be assisting you with your question.

Expert:  frantzgregory replied 6 days ago.

This default notice was  this as a result of a ccj?

Customer: replied 6 days ago.
No CCJ ...it was a missed payment towards the end of my contract in Aug/Sept 2019.
Customer: replied 6 days ago.
My contract minimum term end was October 2019.
Customer: replied 6 days ago.
The outstanding balance has been settled, but the default date has been recorded as April 2020.
I have requested removal in goodwill / amendment to August 2019 ... they have refused to amend or remove.
Expert:  frantzgregory replied 6 days ago.

First default payments are governed by the consumer credit act. You should raise a consumer report dispute through your credit report provider usually experian.

Customer: replied 6 days ago.
Experian have reached out to EE on my behalf and advised that report is owned by the company and it is up to them as to whether or not they can alter it.
Expert:  frantzgregory replied 6 days ago.

Ok then you should continue with your dispute through the Ombudsman

Customer: replied 6 days ago.
In order to do so, I am looking for clarification on the following (as per my original question)... If OFCOM do not set any regulations for the recording of default notices, and the agreement is not governied by CCA, what ground do I have for recourse / what are my rights?
Expert:  frantzgregory replied 4 days ago.

The agreement is governed by CCA

Customer: replied 3 days ago.
Thank you, ***** ***** clarify which section of the CCA is relevent please? Do you think it is strrange why the mobile phone company would state that their service agreement is not governied by the CCA, if indeed it is?
Expert:  frantzgregory replied 3 days ago.

Was this a business phone?

Customer: replied 3 days ago.
No