T Mobile damages credit file

moon-pig_2

A friend of mine had a contract with T Mobile. There were lots of problems with the phone and the customer service was poor. She eventually got so fed up that she sent the phone back with a letter of complaint saying she wanted out of the contract.

Within several months she started receiving bills from T mobile (to which she replied) and then letters from debt collection agencies, to which she replied sending copies of her letters she had sent T mobile. Nobody replied to her letters. She then tried to phone T mobile and the debt collection agencies to sort it out - T mobile said it was out of their hands and the debt collectors said contact t mobile.

To cap it all, she's been blacklisted for credit. I believe T mobile were in breach of contract and she was entitled to walk away, and I think they are bullying her to pay up. Anybody know how to get the matter sorted out please? She's got a bundle of correspondence and is going mad!

dreamypuma

moon-pig wrote: »

A friend of mine had a contract with T Mobile. There were lots of problems with the phone and the customer service was poor. She eventually got so fed up that she sent the phone back with a letter of complaint saying she wanted out of the contract.

Within several months she started receiving bills from T mobile (to which she replied) and then letters from debt collection agencies, to which she replied sending copies of her letters she had sent T mobile. Nobody replied to her letters. She then tried to phone T mobile and the debt collection agencies to sort it out - T mobile said it was out of their hands and the debt collectors said contact t mobile.

To cap it all, she's been blacklisted for credit. I believe T mobile were in breach of contract and she was entitled to walk away, and I think they are bullying her to pay up. Anybody know how to get the matter sorted out please? She's got a bundle of correspondence and is going mad!

What kind of problems was your friend experiencing?

By entering into a contract with the networks you are bound for the full length of the agreed term and you are entering a credit agreement. The networks have there T&C's fairly well laid out with very few get out clauses. Disputes need to be handled in accordance with these T&Cs to avoid being penalised.

Was the issue with the handset or the network?
What was written in your friends correspondence?

To be honest T-Mobile have some of the best customer service in the industry, try Orange and Three for bad service.

As always the detail is paramount. Get out clauses from contracts that exploit loop holes in the T&C's are fairly few and far between, and are fairly well discussed on this forum. I'm doubting that your friend has exploited one of these (based on the limited information you have given) If not they will more than likely be in breach of contract and liable for the costs of the remaining term. In which case T-Mobile are probably within there right to recover costs.

If you have an issue with the service networks normally have a 14day cooling off period (usually bound by lots of conditions).

For more meaningful and relevant advice you will need to elaborate on the problem and your friends actions.

moon-pig_2

Hi, There was a problem with the phone and the network. T mobile didn't sort it out to her satisfaction and she phoned them to say she was returning the phone. The person she spoke to agreed that there would be no problem.

This was at the beginning of the deal as far as I understand (ie she tried over the course of about a week before giving up).

It seems to me that because someone signs a contract, mobile phone companies feel that they can breach it (fit for purpose/satisfactory quality), yet if the customer feels that they're discharged from it, the phone company simply slaps a note on your credit file without bothering to reply to any letters or calls.

dreamypuma

moon-pig wrote: »

This was at the beginning of the deal as far as I understand (ie she tried over the course of about a week before giving up).

Can you find out how long into the deal this was? How soon it was sent back? And how was it sent? You will need to get exact dates.

This is key and may make a huge difference.

It starting to sound a bit more promising.

moon-pig_2

I shall take a look at the file when I next visit her and then post an update.

Thanks for your help.

esuhl

dreamypuma wrote: »

To be honest T-Mobile have some of the best customer service in the industry, try Orange and Three for bad service.

Good God! T-Mobile have the worst customer service of any company that I have ever experienced. I shudder to think that Orange and Three could be any worse - is it even possible?!

dreamypuma

esuhl wrote: »

Good God! T-Mobile have the worst customer service of any company that I have ever experienced. I shudder to think that Orange and Three could be any worse - is it even possible?!

I used to love Orange. They used to have fantastic service, but when Hutchinson dropped them and the French took over it went rapidly downhill. Call centres were off-shored and they could never sort out the most simplest of problems.

I don't mind off-shore call centres, and in fairness Three's was not as bad as Orange in my experience. Orange bugged me because the call centres couldn't resolve problems regardless of how simple they were. They also lacked any knowledge of there own products.

Three just bugged me in the fact that the wouldn't listen and continuously tried to sell you something. In fairness they resolved problems for me and understood the service. Three suffered from over-sell.

moon-pig_2

Ok the agreement was in Feb 2004.

Over the weekend of August 20-22nd she was unable to make some urgent calls. On the 25th she contacted customer services who promised to rectify the problem. They didn't rectify it so she wrote a letter of complaint.

She heard nothing back so she sent the phone back with a letter by recorded delivery on 23rd September. At the same time she phoned to tell them she had returned the phone. Then the debt recovery actions started and everyone washed their hands with the matter.

I've just spotted also that the yellow customer service/upgrade agreement hasn't been signed.

I guess she should contact T Mobile about this? Is there a dispute escalations dept? Should she contact Ofcom or does that come later?

Buzby

I'm afraid she cannot arbitrarily end the contract simply because she could make a couple of calls. The ONLY way in which this could be achieved was by negotiation, unfortunately she didn't do this - she slammed the door and left herself open to the mess that follows premature contract termination.

The network is not liable to customers if they cannot make calls, by the very nature of mobile networks where topography, technology and the rest conspire - NO network guarantees 100 availability, so expecting to walk away from a legally binding contract as a very bad move, especially as the whole matter will be providing a stain on her credit file that will last 6 years.

There is little that can be done at this late stage, except pay them the amount owed for the breach, but since she sent the phone back she should either ask for a credit of some amount for the handset, or for its return.

Buzby

It doesn't matter if the contract wasn't signed, her use of the service and payments is all that is required to confirm a contracts is in force. Incidentally OFCOM do not become involved in consumer disputes, but as she's already in breach I fail to see what you expect them to do.

Buzby

dreamypuma wrote: »

By entering into a contract with the networks you are bound for the full length of the agreed term and you are entering a credit agreement.

No you're NOT! This is not a credit agreement, regulated or otherwise. You are applying for mobile phone service, not borrowing money - so this is a service contract only.

This fact catches out many who make CCA demands of their network supplier, losing their credibility in a stroke as these contracts have nothing to do with the provisions of the Consumer Credit Acts.