TMobile debt collection advice

alepulp

A long story, but hopefully someone will have some advice.
My daughter wanted a new iPhone in August 2010 and there was some time left on her existing contract with T:Mobile. I phoned them and asked how long there was left and they informed me of the time (I think it was 2 months). I asked them to terminate the contract at that point. I left it at that
The next 12 months I spent abroad working and when I came back continued on with my life here. About 2 months ago I went through my direct debits and noticed that T:mobile were still taking money from the account and so I cancelled it.
I received a letter today telling me that they were going to cut off my phone (no worries there) and inform a debt collection agency to collect the money due until the end of contract (neither too worrying since the contract has run its course).
However, there was now a bill to pay from the time I cancelled the Direct Debit and their letter. So I called them. They informed me that there was no record of the initial request, that I should have called rather than just cancel the DD and that now I owed nearly £80 and that they'd send in debt collectors unless I paid up.
I responded that they weren't being fair and the agent proceeded to speak over me until I managed to get some sense out of her - she suggested sending in a complaint via their website.
I think I've covered all relevant facts, but what laws and rights do I have in this case?

19lottie82

what did they say when you asked them to cancel the contract in the first place? did you put this in writing?

again, did you put your request to cancel most recently, in writing (with 28 days notice) or did you just cancel the DD?

If the latter I'm afraid you prop don't have much comeback. Check what your T&C's say, but im guessing you will need to provide them with a months notice.

I'd pay this off quickly, to avoid any further damage to your credit history.

Silk

alepulp wrote: »

My daughter wanted a new iPhone in August 2010 and there was some time left on her existing contract with T:Mobile...................................I went through my direct debits and noticed that T:mobile were still taking money from the account and so I cancelled it.

So for 2 years you were paying a DD and then rather than contact them when you realised you just cancelled the DD ???

grumbler

19lottie82 wrote: »

what did they say when you asked them to cancel the contract in the first place? did you put this in writing?
again, did you put your request to cancel most recently, in writing (with 28 days notice) or did you just cancel the DD?

http://support.t-mobile.co.uk/resources/sites/TMOBILE/content/live/DOCUMENTS/0/DO117/en_GB/T-Mobile%20Pay%20monthly%20Terms%20v59.pdf

7.2.2. You can only give Us notice to terminate this Agreement by calling customer services.

That said, although the notice has to be given over a phone, unless you record the call you must insist in getting a written confirmation from Tmobile (the final bill would suffice).

Buzby

People say lots of things in the phone - and without the security of having it in writing - you need to ensure your request is understood and you are given an ending date for services. It goes without saying, only the contract holder can request termination, nobody else.

It is not sufficient to bring it up in conversation, then cancel the DD. The real bad news is the default on your credit file.

Bellabella_2

Hang on.... How many of us have time to put all the things we do every day in writing? Shouldn't we expect that when we ask verbally for a contract to be terminated, it will be. I'm afraid this is classic T Mobile customer service. They never do what you ask them to do then deny you asked and bill you for whatever they can. I verbally requested boosters on my account several times, and there's no other way of doing it, and they weren't applied. And there are many, many others who have had similar experiences. Also, threats to send debt collectors in breach consumer guidelines. Companies have to go through a debt collection process before they can do that. They have to request it themselves, then get an agency to do so, then send it to the courts. And if you get a court judgement and don't comply with that, the debt collectors come in. I don't seriously think T Mobile are going to go through all that for 80 quid. I'd tell them to stuff it. We've just set up a facebook page called T Mobile Customer Complaints if you'd like to air your grievances there. I can't post a link here because I'm a new member! But it's on the OFCOM page.

grumbler

I think you confuse debt collectors with bailiffs.

thatsean

As Buzby says, you need to get rid of this in order to stop further damage to your credit file.

Bellbella clearly has an axe to grind, but the top and bottom of it is that if you didn't cancel as per the method you agreed to when you got the phone, and simply stopped paying then they are right to charge you.

Herongull

thatsean wrote: »

As Buzby says, you need to get rid of this in order to stop further damage to your credit file.

Bellbella clearly has an axe to grind, but the top and bottom of it is that if you didn't cancel as per the method you agreed to when you got the phone, and simply stopped paying then they are right to charge you.

Nonsense! As Grumbler says, the T&Cs which form part of the contract state that you must phone them to cancel. The OP did that. So she has cancelled. She doesn't owe them any money and they owe her money from the DD taken after she cancelled. She should try claiming this back from the DD guarantee.

Unfortunately T mobile are claiming that they have no record of the call. Given they require you to cancel by phoning, they should keep records of these calls.

You don't have to pay what you don't owe, but if there is a dispute about what you owe, you do have to follow it through until it is resolved.

Which gives basic advice on how to this:

http://www.which.co.uk/consumer-rights/making-a-complaint/dealing-with-mobile-phone-problems/complaining-about-mobile-phone-problems/

When it is resolved, make sure you get a letter from them confirming that you don't owe them any money. Keep this letter for 6 years in case they "forget" that it was resolved and try to chase you again.

Buzby

You overlook the fact most people phoning will not record their call. Writing is the only way a consumer can counter a network assertion that the did not comply with the terms by giving notice of cancellation.

How do you prove to a CRA that your default was unjust - verbally? A copy letter confirming your intentions is proof positive that the network screwed up, AND gives you the ability to seek (possible) compensation for their incompetence.

You appear to believe that doing the minimum requested is all that is required? Nonsense. You meed to fully protect yourself from automated systems that care nothing about your credit file, and personally I wouldn't trust any on them to tie their shoelaces correctly.

Of course they don't 'have a record' of the call - which proves the caller should, have and backed it up in writing for safety.

Herongull

Buzby wrote: »

You overlook the fact most people phoning will not record their call. Writing is the only way a consumer can counter a network assertion that the did not comply with the terms by giving notice of cancellation.

How do you prove to a CRA that your default was unjust - verbally? A copy letter confirming your intentions is proof positive that the network screwed up, AND gives you the ability to seek (possible) compensation for their incompetence.

You appear to believe that doing the minimum requested is all that is required? Nonsense. You meed to fully protect yourself from automated systems that care nothing about your credit file, and personally I wouldn't trust any on them to tie their shoelaces correctly.


Of course they don't 'have a record' of the call - which proves the caller should, have and backed it up in writing for safety.

You are right about the safest way to cancel and this is what everyone should do in future.

But the OP is where they are now. They followed the T mobile T&C and complied with the contract. They have cancelled. If T mobile have "lost" the records, then this is their problem.

Of course, there is a risk that without additional proof that OP may not win their case. But these things are decided on the balance of probability - you don't need perfect 100% fireproof super-concrete evidence. But obviously the stronger the evidence, the lower the risk of losing.

IMHO, if T-mobile wanted a safe cancellation procedure, they should allow emails and recorded delivery letters. But they say the only way is to phone. The adjudicator will take that into account in deciding on the case.

Personally I wouldn't just give in and let myself be bullied if I had followed the T&Cs correctly.