Classed as Default after Direct Debit Refund

astarmathsandphysics

I had a contract with t-mobile for mobile broadband on a 1 year contract which I cancelled after 1 year. Unbeknown to me they failed to process the cancellation and I continued to pay for a year. When I noticed, t - mobile refused to refund me so I asked Barclays to. This Barclays did by rolling back direct debits for a year.
Then t-mobile classified my ontract as in default and refuse to change this. What can I do?

astarmathsandphysics

Especially want to know if I can take t-mobile to the small claims court even though my money has been refunded by barclays.

The_Boss

Do you have any documentation from T-Mobile and Barclays regarding this matter?

fermi

astarmathsandphysics wrote: »

I had a contract with t-mobile for mobile broadband on a 1 year contract which I cancelled after 1 year. Unbeknown to me they failed to process the cancellation and I continued to pay for a year. When I noticed, t - mobile refused to refund me so I asked Barclays to. This Barclays did by rolling back direct debits for a year.
Then t-mobile classified my ontract as in default and refuse to change this. What can I do?

As said, what records do you have showing you cancelled in a valid way as per their terms and conditions?

Sounds that despite the bank refund on the DD, t-mobile still think the cancellation was not valid so the outstanding payments are due and unpaid.

If you contest that then you will need to go through their complaints procedure, and then if unresolved..

- Take the matter to the communications ombudsman.
- Make a complaint to the ICO regarding reporting innacurate data to the CRAs.

And in the meantime register a dispute via the CRAs and perhaps add a notice of correction.

astarmathsandphysics

I have all the bills and the original contract. I also have the call to cancel logged on my phone bill but no documentation of cancellation.

Cycrow

Did you cancel in writting ?

most networks dont accept phone cancelations and require it in writing, as per thier T&C

astarmathsandphysics

I did not cancel in writing. I will read their t&c.
When I have ever cancelled someone I have had very fruity conversations that left them in no doubt what I wanted, so I would personally be surprised if a letter was required.

The_Boss

astarmathsandphysics wrote: »

I did not cancel in writing. I will read their t&c.
When I have ever cancelled someone I have had very fruity conversations that left them in no doubt what I wanted, so I would personally be surprised if a letter was required.

I've had the same discussions with Vodafone; they still required a letter though.

astarmathsandphysics

Just found this on the t mobile website

If you decide to upgrade or cancel your contract you'll need to give 30 days notice to us by phone

izools

Raise a formal written complaint.

Explain to them that

1. You cancelled as per their T&C on xx date, and the person you spoke to clearly failed to action your request correctly on their system
2. That you already complaint to them for not having actioned your lawful cancellation request but got nowhere and therefore had to go down the Direct Debit Guarantee route with your bank
3. That by doing so with your bank was totally lawful however the default they added is not lawful as you cancelled as per their T&C one year ago.

Write that as settlement of your complaint they are to close the account and remove all negative data from your credit files, as per your original request a year ago.

Advise them that if they have not done so within 28 days you will refer the matter to the Ombudsman for Communications.

They actually have 56 days before you can refer it to the ombudsman but the ombudsman should find in your favour.

I had a similar issue with BT recently and all the default data is now removed from my credit file and the Ombudsman ordered BT to pay £150, the cheque arrived last week

Jonesy_McJones

astarmathsandphysics wrote: »

I have all the bills and the original contract. I also have the call to cancel logged on my phone bill but no documentation of cancellation.

Ask them for a copy or a transcript of that call.