T-Mobile ruined my credit rating

Fistatron

Hey Everyone, this is my first post and I know there are probably tons of similar posts, I know as i have spent the last week frantically searching anything and everything to help me. unfortunately i wasted a lot of time reading about removing defaults by asking for a copy of the default notices and the genuine signed credit agreement not realising mobile phone contracts are not covered by the CCA :mad: oh well, never mind!!!!!!!

So I am starting this thread to chart my progress in getting the default and the late payment markers removed from my credit history, also to get some help from you lovely folk too

History and Background to the case

I have recently reviewed my credit reports, to my horror there is currently a default and late payment marker raised by T-Mobile against my name which has severely impacted my credit score and my ability to get a mortgage.

The Default refers to a T-mobile phone contract (contract started 21/03/2006, default dated 10/10/2014, amount allegedly owed £121). The contract in question I had for a period of over 8 years, in which I had renewed the original credit agreement three times for new phone upgrades (to the best of my recollection) and never missed a payment (experian and callcredit report confirm this). The last credit agreement was for a period of 2 years, which had expired in November/December of 2013 (rough dates due to it being 3 years ago but i do remember ringing to find out at the time). In the following February of 2014 I had called T-mobile to inform them that I was cancelling the contract. In the same phone call i was asked if i wanted my PUC code to take the number away with me. I 'like an idiot' said yes thinking maybe i would like keep my number (i obviously didn't) not realising that this act would ultimately overwrite the cancellation of the contract. I did not know this at the time as the operator did not inform me (only found out since after researching similar stories), something i suspect is a bit of a customer retention scam he/they were running at the time :mad:.

At the time I continued with my life completely oblivious to the above fact as i thought the date of cancellation was outside the renewed credit agreement so the contract should have ended immediately for that calendar month, not realising the sneaky PUC code would !!!!!! me !!!!!!. I had also moved in with my then girlfriend (now my wife), so life was great. This meant the cancellation coincided with a change of address, at the time I did not inform T-mobile of my change of address as I had ended the contract, silly me :wall:.

At the time of the alleged payment delinquency/default the contract was no longer valid as I had contacted T-mobile to cancel it (so i thought). The dates were also outside of agreed 2 year credit agreement for my last phone upgrade meaning that I had fully paid for the handset and also no calls or texts were made using that account after the cancellation, so therefore I was being charged for nothing and didn't know about it as i had changed address.

Initial Steps Taken So far

So i have gotten my experian CRF and my Callcredit file, currently struggling with my equifax one (free trial membership registration a pain in the asre at the minute). I have asked both experian and Callcredit to query the default. so far only experian have gotten back to me with the usual

T-Mobile (Account started 21/03/2006)
They've confirmed that this information is accurate, so I'm afraid I can't make any changes to it.
They have provided us with the following information:

"We have looked into customer's account and can confirm that account has outstanding balance of £121.17. This is for invoices from March 2014 to August 2014, which remained unpaid. Customer can make a payment by calling us on 08454 121 124."I understand that this may not be the outcome you were hoping for. If you'd like to discuss their decision, you should contact them directly. Their contact details are:

Credit Referrals EE PO BOX 616 550 Metroplex Business Park Salford M5 0HN Email: IDFraud@t-mobile.co.uk

Don't worry, if they send us any further instructions regarding this matter, we will do as they ask. this I thought was quite funny though lol

Our standard dispute statement will be removed from this information shortly. If you'd still like there to be a dispute statement on this information, I can add the following:

"The consumer has disputed the accuracy of this entry. Given that this data is disputed, please take care if making an assessment of any kind that may include this data."

Please let me know if you'd like this statement to be added to your report, where it will stay until you ask us to remove it.

Alternatively, you can add your own statement to this information. We call this a 'Notice of Correction'. If you'd prefer to add one of these, please let us know, in writing, the exact wording that you'd like to use. Please note that we can't add a statement that is longer than 200 words or one we think is defamatory, frivolous, scandalous or unsuitable for publication for some other reason.

If you require any further assistance, please do not hesitate to contact us.

So now am in the process of drafting a note of correction to have added to the default. So far I'm thinking the below wording.

" default/late payment markers in dispute, client was outside of original credit agreement and had phoned vender to cancel contract February 2013, however, vendor continued try and raise monthly bill, error not spotted due to change in address at time of cancellation"

Opinions and comments on this would be really appreciated here!!!!!!

Next Steps

I am drafting both an email and a letter to be sent via recorded delivery to T-mobile (above addresses in the coms from experian)

So far I'm thinking of the below

"Account in dispute- T-Mobile account phone no. 07########4

Dear Sir/Madame,

I have recently reviewed my credit reports, to my horror there is currently a default and late payment markers raised by T-Mobile against my name which has severely impacted my credit score and my ability to get a mortgage.

The Default refers to a T-mobile phone contract (Tel no. 07#######4 contract started 21/03/2006, default dated 10/10/2014, amount allegedly owed £121). The contract in question I had for a period of over 8 years, in which I had renewed the original credit agreement three times for new phone upgrades (to the best of my recollection). The last credit agreement was for a period of 2 years, which had expired in November/December of 2013 (your records will confirm this). In the following February of 2014 I had called T-mobile to inform you that I was cancelling the contract. As this date was outside the renewed credit agreement this should have taken place immediately for that calendar month, however, it appears that T-mobile have continued trying to raise a bill even though I had informed T-mobile that I was cancelling the account. My phone records for this account will show no usage after I had informed T-mobile I was cancelling the account. The date of the expiry of the credit agreement and the time I cancelled the contract also coincide with a change of address, at the time of cancelling the contract I did not inform T-mobile of my change in address as I had ended the above mentioned contract.

I feel this default as well as the late payment markers should be removed from my CRF as it is incorrect and an unfair representation of my credit history, especially since I had been an excellent customer with T-mobile for the whole 8 years the contract was active for. At the time of the alleged payment delinquency/default the contract was no longer valid as I had contacted T-mobile to cancel it. The dates were also outside of agreed 2 year credit agreement for my last phone upgrade meaning that I had fully paid for the handset and also no calls or texts were made using that account after the cancellation, so therefore I was being charged for nothing.

I have contacted Experian, Equifax, and CallCredit and have asked them to place a note of correction on this default. Can you please arrange for this default to be remove from my credit reports from the above mentioned credit report agencies forthwith. Recording false and inaccurate information on Credit Reference Files is a breach of the Data Protection Act 1998, and may also constitute an act of defamation on your part.

I really appreciate you looking into this matter and look forward to your response.

Best regards,

Dr. fistatron"
I'm not sure If this letter is too heavy handed, also I don't know whether I should mention the PUC code or not?
My other option would be to try a softer approach and ask to resolve the matter, this may include the offer to paid the amount allegedly owed on condition that the default/late payments are removed from my CRFs. I don't really think I should do this because
• I genuinely believe they are at fault and I do not owe them anything
• it will be a sign that I'm accepting liability for the alleged debt
• they might go back on they word and refuse to remove the late payments and the default even if I get it in writing.
Am really troubled by this initial communication as it is going to set the tone for the eventually resolution/non-resolution. I'm worried that if I go too hard they will go to the mattresses and tell me to bring it, or if I go too soft they'll try and string me along get the money and leave me high and dry.
I would really like some input from you guys on what you recommend and if my approach so far is any good or not.
Many thanks in advance guys/girls!!!!!

pcman1985

For your Equifax credit file use Clearscore, it's FREE for life and is updated monthly.
Probably should be useful where you are having problems signing up with Equifax

Fistatron

Cheers @pcman1985 will try with clearscore, will have to ring equifax and cancel it, might just get the statutory report for £2 does anyone know if there is much difference between them?

Dobbibill

You've nothing to lose disputing it.

A few things you don't mention is...

* did you use the PUC code with another provider?
* how were you paying your bill prior to cancelling the contract? eg direct debit? if so did they attempt to take payment from your account
* have you requested a SAR off T mobile, this may include a transcript of your call? [there is a small cost for this]
* why didn't you dispute it in 2014?

This is not to have a pop at you but just some of the challenges you may be faced with.

Your CR is a true reflection of your payments, which thus far is accurate.

takman

Fistatron wrote: »

This meant the cancellation coincided with a change of address, at the time I did not inform T-mobile of my change of address as I had ended the contract, silly me :wall:.

That's why is always recommended that you setup a royal mail redirection from your old address to your new address for at least 12 months. This reduces the chance of identity fraud by the new people who move into your house and would also stop situations like has happened to you!.

Also like the other above said why did they stop taking payment did you cancel a direct debit to them?. This is also a very silly thing to do unless you have it in writing that the contract is cancelled.

Fistatron

@dobbibill see below for reply thank mate

You've nothing to lose disputing it.

A few things you don't mention is...

* did you use the PUC code with another provider?

[no unfortunately :-(, and I wasn't made aware at the time that the PUC code would undo the cancellation as the operate never mentioned this.

* how were you paying your bill prior to cancelling the contract? eg direct debit? if so did they attempt to take payment from your account

for the life of the contract I paid by DD, however, in the month before the end of the credit agreement I ended the DD to pre-empt me cancelling the contract

* have you requested a SAR off T mobile, this may include a transcript of your call? [there is a small cost for this]

depending on the outcome of my email/letter this was my next step in the process. Can you tell me what SAR is? I know it is where you get them to give you all the account information (including communications etc etc) but what does it stand for also a link to a template for a letter requesting it would be ideal

* why didn't you dispute it in 2014?

I was unaware there was a problem as I had changed address at the time of cancellation and as I had cancelled the contract in good faith I didn't inform t-mobile of the change in address as the relationship between me and them was ended (or so I thought:-/). I only found out about the debt afterwards when a DCA (autumn 2014) did contact me, at which point I told them to hand it back to t-mobile as it was not correct. Eventually they did, I spoke to t-mobile (over phone) put forward my point to one of there operators, they weren't very helpful and insisted I pay, which of course I refused. At this point I never took it further up the food chain (stupidly at the time), not realising they would or already had place a default on me. Naively at the time I didn't think about the impact (ignorance is not an excuse here just context :-(), however I genuinely feel that am not liable

This is not to have a pop at you but just some of the challenges you may be faced with.

np I know it will all help in the end, and I really do appreciate the time and effort thanks :-D


Your CR is a true reflection of your payments, which thus far is accurate.

in this instance I disagree as I ended the contract in good faith the dates for the late payments and the default are outside the dates of the original credit agreement (ended Nov/Dec 2013) and after the date that I had phone to inform them I had cancelled the contract, my phone records from the time will confirm this as there no usage after the cancellation date.

Again thanks for the input mate I really do appreciate any help ppl can give me

Dobbibill

Here is a link to lots of information about SAR [subject access request].

https://ico.org.uk/for-organisations/guide-to-data-protection/principle-6-rights/subject-access-request/

Fistatron

@dobbibill thanks for the information.

Any ideas whether the letter am proposing to t-mobile is appropriate or its to hard. Or do you think I should try a soft approach? Cheers

Dobbibill

For the letter, keep it factual, straight to the point as it can be and include details about the PUC code. You don't want to leave bits of info out of the letter to find there is to-ing and fro-ing due to omitted information and clarification.

The other thing I would say is whatever the outcome, please come back and let us know, this will help other forum users.
If you do win, great, if you don't then don't take it personally - pay the disputed amount and move on. The longer it drags out the longer it will come back to haunt you in the future.

All the best

Fistatron

stuff is going nuclear and i dont known what to do

since I have query this with Experian T-Mobile have resold the date to Lowell thanks to my query I dont know what this will means!! I'm really panicking now does that mean they will reissue the default again and i will have an additional 6 years if i fail to remove the default and the late payment markers?!?!?

I receive two letters today in the same envelope

Account No: XXXXXX
New Reference No: xXXXXX

Dear Mr FISTATRON

We hereby give notice of the assignment of your EE limited (formerlytrading as "T-mobile (uk)LTD") debt due to us from you in respect of the balance of £121.17 outstanding on your account.

On the 25/07/2016 you account was sold to Lowell portfolio I Ltd.

It is essential that all future payments, correspondence or queries regarding this account be directed to the Lowell portfolio I Ltd quoting reference XXXXXXXX

contact Address:
PO Box 1411
Northampton
NN2 1 BQ

Telephone: 0333 556 5703

The second letter out of the same envelope was head from the Lowell portfollio

Dear Mr Fistatron
T-Mobile have sold your account to lowell portfolio I Ltd
the full letter has been uploaded to photo bucket but i cant attach HTML links as am too new a forum member just delete the space between http:// and s345. and past it into your browser
http:// s345.photobucket.com/user/Fistatron/media/IMG_6409_zpssfkfbss2.jpg.html

I'm not sure what to do as the letter says it I have 7 days to repay in full or enter a payment scheme :-(

I was thinking offering to pay the alleged debt to t-mobile as a last resort in condition for the removal of the late payment marker and default as a gesture of goodwill as it have been 3 years but i not sure that is an option now!!!

I have had a quick look on here and there is a good post by fermi@ with a template for the prove it letter (see link) http:// forums.moneysavingexpert.com/showthread.php?t=2607247

Again delete the space between the http:// and forums. copy and past into your browser

If someone could give me some thoughts on what i should do i would really appreciate it as i need to have a response asap

many thanks for the help in advance guys

Fistatron

@fermi not sure if this will get ur attention but is is worth a try