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mobile phone contract -v- credit report

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Comments

  • karatedragon
    karatedragon Posts: 1,148 Forumite
    edited 24 April 2010 at 11:15PM
    If you are in dispute with your povider they should not be lodging missed payment records with you provided you have lodged a dispute formally with them also detailing that you will be with-holding payment until a full and satisfactory outcome.

    This should be done in writing. There is then a special code they should lodge on their entry of the credit file. This is the code "Q" for each month the account remains in "query".

    You will notice "Q" in the code keys in any CRA's explaination literature.

    I know this is correct as I have used the "account in query" system myself through bad service and with-holding payment as a result.

    The company will probably claim that they cannot do it but do not accept this. People at companies know very little about how reporting to CRA's work. If it's not a late payment or a default they know no more.

    It is best to also dispute the entries via the CRA's dispute system asking that the entries are set to Q explaining why.

    The code "Q" has no detrimental effect on your creditworthiness. Lenders can see it but it means the account is in query and this can be for a multitude of reasons. If you do this correctly then "Q" is actually the right code to use and any other "missed payment" codes are actually then incorrect data.
  • DarkConvict
    DarkConvict Posts: 6,338 Forumite
    1,000 Posts Combo Breaker
    Mobile companies will place defaults fairly quickly and they are a set of the companies that do go for CCJs.

    If you stop paying without proving they have broken the contract, you are defaulting and basically screwing up your credit file for 6 years, owe them the money in full and then have nothing to show for it.
    Under OFT guidelines you should only pay what you owe, charges for debt collection can only be added if it is in (<-- thats a mouthful) your T&Cs with your phone provider. If not then they debt collector cannot add charges for debt collection - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
  • Kilty_2
    Kilty_2 Posts: 5,818 Forumite
    Yet another customer who decides to take a dispute "into their own hands" by not paying their bill and gets ultimately shafted for it.

    So many do the same, you're not alone.

    Enjoy the ruined credit score :T:T:T
  • karatedragon
    karatedragon Posts: 1,148 Forumite
    I would write to them explaining your problem and state that you will be with-holding payment until the situation is rectified.

    I would inform them that the account is in Query and instruct them to report the code "Q" to any credit reference agencies for all invoices that remain unpaid and any future unpaid accounts.

    Simply telephoning a call centre numbskull stating you will not pay will not work. That person probably hates their job and doesn't give a fig about your problem.
  • karatedragon
    karatedragon Posts: 1,148 Forumite
    edited 25 April 2010 at 11:44AM
    Kilty wrote: »
    Yet another customer who decides to take a dispute "into their own hands" by not paying their bill and gets ultimately shafted for it.

    So many do the same, you're not alone.

    Enjoy the ruined credit score :T:T:T

    It's high time measures were put in place so that people can actually with-hold payment for bad service and not be "shafted" for it. Maybe then companies would invest in their service realising if they don't they wont get paid. Simply bullying people into paying for sub standard rubbish by affecting their creditworthiness should be outlawed.

    CRA's should be limited only for regulated credit where loan and card payments are reported and not for "service" related products such as telephony, cable and utilities. I would rather see such companies invest in their service rather than squander money subscribing to CRA services. How much per year does this cost an organisation?

    At least with regulated credit you have CCA to fall back on in the event of bad service. What do you have for these "non-regulated" reporters to your file.

    There's a lot ot be said for buying your own handset and then just use 30 day rolling SIM only packages so you can up-sticks if they don't play ball.
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Great. A company lies blatantly and completely fails to deliver what they promise. The customer? Oh, he's shafted. Tough doodies. Pay up anyway. What a wonderful flippin democracy we live in. Personally, I hope someone firebombs their offices

    Stop playing the victim card, people here are trying to help you. Nobody on this thread has said pay up, we have said you should not put yourself in breach of contract - you have also been advised how to correctly go about lodging a complaint. The internal complaints procedure and ombudsman are there to help the consumer, use them.
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • robt_2
    robt_2 Posts: 3,401 Forumite
    Part of the Furniture Combo Breaker
    I would write to them explaining your problem and state that you will be with-holding payment until the situation is rectified.

    I would inform them that the account is in Query and instruct them to report the code "Q" to any credit reference agencies for all invoices that remain unpaid and any future unpaid accounts.

    Simply telephoning a call centre numbskull stating you will not pay will not work. That person probably hates their job and doesn't give a fig about your problem.

    There is no dispute though. The customer is paying for a service and is receiving a service through the handset provided. Unless the customer was guaranteed 3G coverage as part f the contract there is no dispute.
  • DarkConvict
    DarkConvict Posts: 6,338 Forumite
    1,000 Posts Combo Breaker
    I agree, customers sign up to contracts without actually knowing what they cover and what is considered a dispute or failure on the side of the operator.
    For a customer excessive usage of unlimited bundles, failure to pay is generally the main 2 breaches. For an operator it is signal has stopped due to a mast failure or changes in T&Cs. Poor reception, customer service skills, certain phone functions or the phone itself not working is not ground to cease payment.
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
  • karatedragon
    karatedragon Posts: 1,148 Forumite
    edited 25 April 2010 at 3:42PM
    I always check the coverage on the operators websites for where I live and where I spend most of my time.

    If I was really not happy having exhausted all avenues I would just pay up the cancellation fee. But I would never return to them. The fee is only the difference in unused months to the end of the contract which is probably a few hundred quid. Small fee compared to how much the operator would have got if you had remained with them 20 years if they had made amends.

    Someone I know was fed up with their provider and simply used tethering to breach the unfair data use clause and eventually the operator terminated their agreement.
  • Kilty wrote: »
    Enjoy the ruined credit score :T:T:T
    Do you take picnics to road crashes..?
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