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

stclair

Personally I think the default is justified.

As they would have still continued to bill you so you would have been still aware of any outstanding balance and you could have disputed it with them rather than letting it get to this stage.

withabix

Ellis_T wrote: »

the mortgage I'm currently stuck in is costing me around 5k a year extra in interest compared to average rates at the moment.

This seems unlikely unless you have a very large mortgage.

How much is your mortgage and what are your current interest rates and monthly payment?


The default seems justified by the way.

Try getting a better mortgage from your current lender - that's usually the only way when you have an active Default.

Senior_Paper_Monitor

1) Pay it
2) Stop making random untargeted mortgage applications
3) Provide your files to a broker/adviser who will identify those lenders who are likely to accept you with a smallish 3 yr old default (assuming that the rest of your circumstances are good there are plenty of competitive lenders who will - but you are probably not HSBC material)

meer53

It sounds as thought the default is correct. Most mobiles have minimum term contracts, even if you want to end the contract you have to still pay until the end of that contract. I wouldn't waste any money on a specialist solicitor.

Didn't you get the letters about the amount left to pay from your contract ?

oknow100

MoneySaverLog wrote: »

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.

Hello,

Well as stated, it depends on the situation, I am not making any judgment on this particular case, Only giving general information on how to go about getting incorrect or inaccurate data removed.

A default is not necessarily an accurate reflection on what happened, many are filed incorrectly, and can be invalid for a range of reasons. any inaccurate data should be corrected or deleted, regardless of it's age.

The DPA principles apply to both inaccurate data and/or data being kept for longer than needed. again, they may or may not apply here, all depends on the specifics of the case.

I would first be looking at the default, were you served the correct notice? were you given warning?, is the default date of 2010 correct?. or should it of been in 2007?. had you been paying during this time?.

If you feel you have grounds, I would ask for it to be removed, you have a fairly good chance they will remove it rather than bother spending the time and resources investigating for such a small debt, it's not worth their time.

of course, for such a small amount, if you do owe the funds, you might find it quicker and easier to ask for it to be removed with an offer for full and final settlement. but yes, do make sure you have that in writing, and insure you are dealing with the sole owner of the debt. If the debt value was £150, and is years old, £50 would probably in the range they would be willing to accept.

I would strongly suggest you either

1.Send a request for removal through the Credit agencies, such as the example one in my last post, but include your reason why you do not agree with the default.

2.Failing that, Send an offer of £50 for full and final settlement, on condition the account is deleted. (and on condition they confirm they are the sole owner of the debt, and that you have everything in writing).

Probably best to try a request for removal, failing that, go to option 2

From my past experience, I would be about 74.8% confident on getting the default removed by following the above, and if all fails, upping your offer should seal the deal . Good luck!

chanz4

oknow100 wrote: »

Hello,

Well as stated, it depends on the situation, I am not making any judgment on this particular case, Only giving general information on how to go about getting incorrect or inaccurate data removed.

A default is not necessarily an accurate reflection on what happened, many are filed incorrectly, and can be invalid for a range of reasons. any inaccurate data should be corrected or deleted, regardless of it's age.

The DPA principles apply to both inaccurate data and/or data being kept for longer than needed. again, they may or may not apply here, all depends on the specifics of the case.

I would first be looking at the default, were you served the correct notice? were you given warning?, is the default date of 2010 correct?. or should it of been in 2007?. had you been paying during this time?.

If you feel you have grounds, I would ask for it to be removed, you have a fairly good chance they will remove it rather than bother spending the time and resources investigating for such a small debt, it's not worth their time.

of course, for such a small amount, if you do owe the funds, you might find it quicker and easier to ask for it to be removed with an offer for full and final settlement. but yes, do make sure you have that in writing, and insure you are dealing with the sole owner of the debt. If the debt value was £150, and is years old, £50 would probably in the range they would be willing to accept.

I would strongly suggest you either

1.Send a request for removal through the Credit agencies, such as the example one in my last post, but include your reason why you do not agree with the default.

2.Failing that, Send an offer of £50 for full and final settlement, on condition the account is deleted. (and on condition they confirm they are the sole owner of the debt, and that you have everything in writing).

Probably best to try a request for removal, failing that, go to option 2

From my past experience, I would be about 74.8% confident on getting the default removed by following the above, and if all fails, upping your offer should seal the deal . Good luck!

Its not incorrect info, and the cra would not remove without t-mobiles permission

MoneySaverLog

oknow100 this is all relevant if the default was placed in error, or incorrectly applied. Ultimately t-mobile would have to agree to any deletion.

meer53

oknow100 wrote: »

Hello,

Well as stated, it depends on the situation, I am not making any judgment on this particular case, Only giving general information on how to go about getting incorrect or inaccurate data removed.

A default is not necessarily an accurate reflection on what happened, many are filed incorrectly, and can be invalid for a range of reasons. any inaccurate data should be corrected or deleted, regardless of it's age.

The DPA principles apply to both inaccurate data and/or data being kept for longer than needed. again, they may or may not apply here, all depends on the specifics of the case.

I would first be looking at the default, were you served the correct notice? were you given warning?, is the default date of 2010 correct?. or should it of been in 2007?. had you been paying during this time?.

If you feel you have grounds, I would ask for it to be removed, you have a fairly good chance they will remove it rather than bother spending the time and resources investigating for such a small debt, it's not worth their time.

of course, for such a small amount, if you do owe the funds, you might find it quicker and easier to ask for it to be removed with an offer for full and final settlement. but yes, do make sure you have that in writing, and insure you are dealing with the sole owner of the debt. If the debt value was £150, and is years old, £50 would probably in the range they would be willing to accept.

I would strongly suggest you either

1.Send a request for removal through the Credit agencies, such as the example one in my last post, but include your reason why you do not agree with the default.

2.Failing that, Send an offer of £50 for full and final settlement, on condition the account is deleted. (and on condition they confirm they are the sole owner of the debt, and that you have everything in writing).

Probably best to try a request for removal, failing that, go to option 2

From my past experience, I would be about 74.8% confident on getting the default removed by following the above, and if all fails, upping your offer should seal the deal . Good luck!

74.8% ? How did you calculate that figure ?

The OP owes £150, why would you advise them to offer £50 ? Credit agencies can't remove defaults, only the company who reported them can do that.

pvt

oknow100 wrote: »

From my past experience, I would be about 74.8% confident on getting the default removed

Yeh, I've looked at it a bit more closely, and I only get 73.28%.

Although, I think if you take into account that the OP appears to have cancelled his DD before the final payment was taken, and the debt is therefore truly recorded, then I think it drops to approx 0.00000%

oknow100

Hello, the figure was a guesstimate.

To be clear, my suggestion would be making the request to the CRA, who would then contact the company concerned, so you are not asking the CRA to remove it. If needed a company can be forced to remove an entry if there is a valid reason by a section 42 request.

It would be up to the OP to decide if they had grounds. Still, it would be worth making a request, nothing to lose. About the £50, since the debt has no doubt been sold on multiple times, it's quite likely they have paid less than £50 for it, and would accept around that sum since they still make a profit.

Of course, if the OP wants to pay £150 then go ahead .

Thanks,
Good Luck