T Mobile damaged my credit - need a reccomendation for a specialist lawyer

Ellis_T

I just been trying to deal with an old default record from a utility company but couldn't understand why when I have a 999 Experian score I'm getting rejected for mortgages
I decided to check the other 2 agencies, and discovered with horror that T mobile posted default notice against me .

it goes back to 2007 when i was disputing a mobile phone bill. My phone was stolen, I subsequently cancelled the contract, stopped the DD. however some time later I started getting letters from debt collection companies - I wrote to them many times - always ignored . Eventually the letters stopped but have started arriving again recently .
Finally I got a response from the debt collection company that says their records only show that I reported the stolen phone , but I was still liable for line rental - no mention of cancelling the contract .They deny any record of a previous dispute (I must have written them about 20 letters)
I no longer have any correspondence.

the 'default' amount is £150 - the mortgage I'm currently stuck in is costing me around 5k a year extra in interest compared to average rates at the moment. its a disaster . I wont say on this forum what i feel about these people .

I'm out of my depth here so i'd like to use a specialist lawyer - any suggestions?

sharp910sh

Ellis_T wrote: »

I just been trying to deal with an old default record from a utility company but couldn't understand why when I have a 999 Experian score I'm getting rejected for mortgages
I decided to check the other 2 agencies, and discovered with horror that T mobile posted default notice against me .

it goes back to 2007 when i was disputing a mobile phone bill. My phone was stolen, I subsequently cancelled the contract, stopped the DD. however some time later I started getting letters from debt collection companies - I wrote to them many times - always ignored . Eventually the letters stopped but have started arriving again recently .
Finally I got a response from the debt collection company that says their records only show that I reported the stolen phone , but I was still liable for line rental - no mention of cancelling the contract .They deny any record of a previous dispute (I must have written them about 20 letters)
I no longer have any correspondence.

the 'default' amount is £150 - the mortgage I'm currently stuck in is costing me around 5k a year extra in interest compared to average rates at the moment. its a disaster . I wont say on this forum what i feel about these people .

I'm out of my depth here so i'd like to use a specialist lawyer - any suggestions?

Just because you phone was stolen does not mean you can just cancel your contract as you please. You are still liable for the minimum term. I would pay the money you owe.

Tixy

This is not something that a lawyer can help you with or would be involved in.

What is the date of the default on your credit file? If its dated back in 2007 then it will soon drop off your files (6year from the default date shown on your file).

What point of the contract were you in when you cancelled it? When you cancelled it did you pay the remainder of the contract up? If you did pay up the lump sum then did you not use evidence of this payment in your prior dispute with the phone company and then the debt collector?

Don't you have any copies of the correspondance that you have sent over the years? or the letters that have been sent to you? why not?

Ellis_T

The default notice was posted in may 2010
seems I was naive enough to think a couple of years without hearing anything meant the issue was closed - hence threw the file.
My recollection was that i didnt think there was any minimum period left on the contract, as i cancelled it then there was nothing to pay. The debt collection company have stated that I was still charged line rental until they eventually closed the account - this is where the outstanding balance comes from - about £150

Ellis_T

I should add its not the issue of £150 - just the default notice - I'm unable to prove at this stage that i dont owe the money . Should I just pay it, or try and negotiate a removal of the default notice? - although reading the forums I understand that phone companies are not subject to the same legislation as Banks.
Why would a lawyer not get involved?

Cycrow

cancelling a DD does not cancel the contract.
it sounds like they tried to take payment but couldn't because you had canceled the DD.

did you do anything else to cancel the contract, ie, did you send it in writing, and get confirmation that it was canceled ?
also, even if there was no minimum term, there still might be something to pay on your final bill after you have canceled

its very unlikly the default would be removed as it sounds like it might be accurate.

to have any chance, you would have to prove that you didn't owe them any money, and prove that you did actually cancel the contract

Thrugelmir

Ellis_T wrote: »

My phone was stolen, I subsequently cancelled the contract, stopped the DD.

Not a justifiable reason to cancel the contract on your part.

System

RCranesNZ wrote: »

I'd suggest Chris Patterson. Have used his services for quite a few years now. top attorney, reasonable conveyancing fees and knows the technical game well.

I don't see how a rugby coach can help.

BTW in the UK we still call them lawyers not attorneys

:spam:

oknow100

Hello,

I would not hire anyone at this stage. Although the consensus is these things are set in stone, the reality is with a firm understanding of the rules and persistence you can get results. Lots of possible reasons to get the entry removed, was the date of the default correct? Did they serve you the notice correctly?.

Check all the dates and see if you can identify a few areas you feel you have grounds on, then file a dispute with any and all credit agency’s where the default is registered (you can also go direct to the company, find their credit department details). However going through an agency can work better). You can do this via the websites.

The wording and detail of the letter will be based on your particular reasons, but to give a rough Idea I have written a basic letter below. After you have filed this request under section 159 of the consumer credit act 1974, they have 28 days to issue a reply. They may remove the entry, reply and claim it's still valid, or, as often happens, they may not bother to reply at all. (they could also correct the particular disputed information, this will depend on how strong your grounds are). but while the information is incorrect, you can apply for the whole thing to be deleted.

If they do not reply, the credit agency should suppress the entry on your credit file (which essentially means it is invisible and will not harm your credit). Keep notes of the dates and be sure to chase the CRA to make sure they suppress the entry if there is no reply.) some are better at doing this than others.

Below is a rough sample letter, just to give an idea of what to say, as I don't know what grounds you plan to use, just for the sake of writing I have left out the exact reason, you will need to decide on this.


Hope it helps.

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Re: Request for deletion of account from credit file
account number: xxxxxxxx
Credit entry reference: xxxxxxxxx
name: xxxxxxxxxx
date of entry: xxxxxxxxx


REQUEST FOR DELETION OF ACCOUNT UNDER THE CONSUMER CREDIT ACT 1974 AND DATA PROTECTION ACT 1998.


Dear Sir/Madam,

The above account entry contains incorrect and/or misleading and potentially damaging information, I therefore request that the above account be removed from my credit file within 28 days, in accordance with section 159 of the consumer credit act 1974.

I feel the entry is also a breach of the Data protection Act 1998, in particular Schedule 1, Data protection principles 3,4 and 5 respectively.

Please note that should this entry not be removed, I may make a request to the commissioner under section 42 of the Data protection act 1998, for the consideration that an enforcement notice be served under section 40, in relation to the 4th principle of the above act.

I look forward to confirmation that the above entry has been deleted.
Yours faithfully,
xxxxxxxx

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MoneySaverLog

oknow100 wrote: »

I feel the entry is also a breach of the Data protection Act 1998, in particular Schedule 1, Data protection principles 3,4 and 5 respectively.

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A default remains for 6 years. It is a true statement of history which is relevent, the account went into default and the OP should have received a "Default Notice" to that effect.

Therefore, the above DPA principles will not apply as they relate to inaccurate data kept for longer than necessary.

Best option would be to try to negotiate the removal of the default, by agreeing to pay the bill. As it's due to drop off anytime soon (6 years from posting) they may agree to get the outstanding payments. Get it in writing first before paying though.

Buzby

Who would the lawyer pursue? The network, CRA or DCA?

You have made sweeping assumptions that have culminated in the situation you find yourself in. As others noted, your contract does not end when a phone is stolen. The network should arrange for the SIM to be immediately blocked, and supply a replacement SIM to enable you continue by placing it in your replacement phone when you got it. DID they do this? If not, you could complain.

You say nothing about what you replaced it with - a new contract mobile perhaps? Even if you had completed your minimum term, you would have still needed to pay for the notice period of the last month. Your assumption that the loss = stop paying was ill-advised.

Lastly, the network would still have been billing you up until services were ceased and the default raised. Why were you not querying this? The fact they did not write to remind you you were heading for a default might have been courteous but, there is (a) no requirement for them to do so, but you were equally negligent as (b) you appeared to walk away from your commitment, remembering only to stop them taking the money rightfully owed - only finding when it was too late that they had a sanction that really affected you.

Any legal action would be expensive but ultimately futile as it reflects the true status of your dealings with the network. You have no mitigation to fall back on, and others in a similar situation would be surprised at your stance as it was totally self-inflicted.

It may well be better to ride out the default until it becomes time barred.

If there is one thing I do agree you have been treated shabbily, is that a mortgage company would treat a mobile default as IF it was a CCJ. This is nonsensical, and an abuse of process. Perhaps your actions would be better served in pursuing those firms that take delight in denigrating your good name as if you had your day in court (and lost). Now that IS a scandal!