TMobile Default - Consumer Credit Act 1974 help

MissX

Hi all,

I'm currently trying to contend a default notice by t-mobile from 2009. I didn't look at my credit records until last year as I was being refused credit and T-Mobile are the culprits :mad:

Its says default with £65 balance outstanding which was not the case. I wrote to them initially requesting a copy of the agreement, a copy of the default notice and a deed of assignment if the debt was sold on ( i know it wasnt as i never had any debt collectors chasing me so surely they would want their outstanding monies?)

I got a response 2 months later to say the money outstanding is from July when i terminated my contract but i terminated in September so I def know this is incorrect.

I wrote another letter explaining this and requesting said documents again and today they write to me with this:

"Because of the Service Agreement you have with us, the information you've asked us for is exempt under the Consumer Credit Act 1974. That means we dont have to file a notice of default before your service agreement is terminated"

Does this make sense to anyone? I literally cant understand it.

Any help would be greatly appreciated!

fermi

Mobile accounts are not generally covered by the Consumer Credit Act.

Is this showing as a default on your credit reports? If so, what is the default date?

MissX

Hi Fermi thanks for the reply.

Yes its showing as a default on Equifax but not Experian funny enough. The default date is 2009, i cant tell you any more than that because it was one of them trials and its run out now so cant double check.

So I really cant ask for the documentation? I honestly never ever received a default notice from them and i'm really puzzled because never chased for no money either? Bunch of cowboys, i really want to strangle someone!

fermi

Well, which is correct?

Did the account default in 1999 as you say in the first post? or in 2009 as the file says? Or some-when else?

MissX

sorry it was 2009 not 1999, will change it now

oopsadaisydoddle

I'll think you'll need to order a statutory report from equifax to check the actual month in 2009. It may be that when you cancelled your account there was an outstanding balance for some reason.

You could write to T Mob and ask them to explain in writing what the charges are from.

ETA - when I say explain in writing, I mean by way of a breakdown. E.g. account disconencted on *date*, no payment received for last bill. Or something relevant!

MissX

Thanks oopsadaisy, i've just found some templates that i'm going to send T-Mobile, one is a subject access request which should hopefully give me some insight and the second is some spiel about under contract law they should still be able to provide me with a default notice.

Grrr they make me so mad trying to wriggle out of things anyway they can! x

chanz4

MissX wrote: »

Thanks oopsadaisy, i've just found some templates that i'm going to send T-Mobile, one is a subject access request which should hopefully give me some insight and the second is some spiel about under contract law they should still be able to provide me with a default notice.

Grrr they make me so mad trying to wriggle out of things anyway they can! x

ignore the contract law rubbish info, look at the oft / ofcom info. They dont actually apply to mobile service agreements, and also they do not have to provide copys

fermi

You should really stop messing about with default notices, contracts etc.

Keep it to simple principles.

They say you owe a debt and have recorded that on your credit file. You say you don't.

Demand that they provide proof that the debt was owed and the default was correctly placed.

State that unless they provide proof that the debt and default are valid, then you require them to remove the entry from your reports. Unless they provide proof or remove the entry, then you will take the matter to the communications ombudsman and the ICO.