t-mobile default after cancelled contract

tifo

at the end of April 2010, I gave 30 days notice to t-mobile on my 30 day SIM only tariff and asked them to close the account if i don't use my PAC code.

i didn't use the PAC code and they didn't close my account. They said I can't do both, i have to either (1) give notice to close the account or (2) use the PAC code. So i gave them 30 days notice again. Still they didn't close the account.

i didn't pay for a few months and they barred my number but continued to charge me the monthly fee. I paid till the end of May 2010 when my account should have closed but nothing more.

they passed the account to a DCA who added some charges and the balance almost doubled (still under £50). The money they're asking for is the monthly charges AFTER i closed the account and the number was barred.

they defaulted me last year but the date is from the date i took the contract (Aug 2009) and they've been reporting me as being late every month from May 2010 till present.

what can i do as this is the only default i now have on a cleared credit file?

keith1950

Hi, they are correct ,you either give them one months notice OR use the PAC .From what I understand they wont action your request to cancel the contract as long as you are in arrears, so unless you pay up it will probably just drag on.!!

tifo

keith1950 wrote: »

Hi, they are correct ,you either give them one months notice OR use the PAC .From what I understand they wont action your request to cancel the contract as long as you are in arrears, so unless you pay up it will probably just drag on.!!

why didn't they action the SECOND 30 day notice i gave them, WITHOUT asking for a PAC code? There were no arrears then (the account is paid in advance and there's no call charges as within limit).

and the 'arrears' now are the charges from AFTER the contract should have been cancelled.

i think they've reported the default wrong as (1) there's no default and (2) no balance owed.

Jon_01

If you can prove that you asked for the contract to be cancelled then you might be able to get the defaults removed. If you can't its just your word against theirs...

tifo

Jon_01 wrote: »

If you can prove that you asked for the contract to be cancelled then you might be able to get the defaults removed. If you can't its just your word against theirs...

i have the text from them and the dates on which i rang them. I could ask for records of my call.

the other point is, they barred the number but continued to charge me monthly fees (which are the arrears). So basically they're asking me to pay for when i had no use of the number.

Jon_01

You need to raise it with a team leader (or their exec office) then.

When they bar a phone it doesn't stop the contract, they will still bill you (its in the T&C's). They've barred you for none payment (in their eyes), but that doesn't mean they'll stop billing you.

tifo

Jon_01 wrote: »

When they bar a phone it doesn't stop the contract, they will still bill you (its in the T&C's). They've barred you for none payment (in their eyes), but that doesn't mean they'll stop billing you.

It's still very unfair.

First they don't cancel the contract even though you ask and provide the proper notice, then they bar your number but carry on charging the monthly fees, and finally report the 'arrears' as a default.

And why should they get away with this?

tifo

received a response from t-mobile.

they've sent me a copy of the terms and conditions only and they say there's no 'written' contract as it was done online.

they can't provide a copy of any default notice sent before they defaulted me. Were they required to send me this?

what legislation do mobile contracts come under? CCA 1974 or anything else?