T-Mobile ruined my credit rating

Fistatron

daytona0 wrote: »

The only shocking thing about all of this is how you have not ended up with a CCJ (sorry, and your reply! Threatening to get them done for harassment in reply to a data protection question! A bit heavy I must say.).

To add something constructive:

I think it is clear that you've admitted SOME liability in this thread, however big or small. But your letters seem to suggest you have zero liability?

If you are disputing it, you should focus on the TANGIBLE evidence you have. Did the telephony agent mislead you? (not mentioning it MAY be evidence, but if it is clear that a PUC would provide you with a service which is normally paid for then I think it is fairly reasonable to assume a cost is attached to it even if you didn't clock on to that at the time - you're only human ). What about the Ts and Cs about keeping the PUC? I think you need to be focusing solely on this. Challenge them on the process and get a concrete answer. Stop waffling about all sorts of things! And stop writing like you are writing a dissertation

Also:

"please do not contact me concerning the aforementioned account unless you can provide evidence as to my liability and the validity of the debt in question. "

- Umm, why do they need to prove anything to you? They are effectively invoicing you an amount to pay. If liability needs to be established then surely they take you to court for this? Could land you with a CCJ depending on how you act.


I think your approach is too heavy and you run the risk of shutting down communication with the company. The best way to deal with it is:

1. Keep your emails/letters short and to the point, NOT quoting consumer law etc in excessive detail (reference to a certain thing is fine!).

2. Comply with data protection requests.

3. Too many chefs spoil the broth. Don't send confirmation emails if you are sending a letter!

4. Outline what you want and what time frames are involved.


Personally, I see your signature and hone in on the "PhD" thing (the Dr is fine! Like really!). Comes across as quite pretentious (and not that impressive) if I'm being honest and I'm sure "Dan" from customer service feels similarly. Remember, but Dan is your ally and he just wants an easy ride on his min wage grind. If you make it hard then he will make it hard

Hey Daytona,

You have a point, I think am reacting quite badly at the minute to the whole situation :-S.

Do you think I should send another email first thing to diffuse the situation and explain the above and that I would like to resolve the situation.

I now realise that I could be potentially backing my self into a corner here. :wall:

Fistatron

weird???? daytona's replies have magically disappeared ????

UPDATE

After taking on board Daytona's comments, and also appreciating that getting "dan" on side might make my life easier i sent the following.

Dear Dan,

On reflection my previous email was very hardline, please accept my apology.

I'm finding this whole situation very scary and upsetting at the minute and I believe I have reacted badly.

Moving forward I would to resolve this situation.

In that light of the above, my date of birth is the XXth of X XXXX.

I really do hope you can help in this matter.

Best regards,

Fistatron

I then received the following reply from "Dan"

Hello fistatron,

Thank you for your reply.

I appreciate your comments, and I understand that this can be a daunting experience for you. Please be assured that we will take all reasonable steps to be fair and transparent with you in regard to this issue. If you do have any concerns in this regard, please let me know and I will be happy to assist you further.

Reference XXXXXXX – T-Mobile (UK) Ltd – Balance £121.17

I have requested a full statement of payments for the above account from the original creditor. Please note that the balance requested for payment is a service agreement and not a credit agreement as defined by the Consumer Credit Act 1974. Our client has no obligation to provide a signed agreement under the provisions of the Act.

In the case of mobile contracts, inserting the SIM card and usage of the equipment is taken as acceptance of the terms and conditions of the contract. Telecommunications accounts can be obtained by telephone, over the internet and by mail order and therefore, we are not obliged to provide you with a copy of any such agreement.

Your account remains on hold and we have suspended collections activity until you have had time to receive the statement of payments and get back to us. This is generally within 60 days, although it can take longer.

If you need any further help in the meantime then please let me know.

Kind regards

Dan

interestingly Dan says the following

"In the case of mobile contracts, inserting the SIM card and usage of the equipment is taken as acceptance of the terms and conditions of the contract."

If i get my phone records from the time it will show no usage of the call time, texts, or data after the point i had cancelled the contract. Also the handset itself had already fully been paid for as the original 24 months agreement had expired!!

Anyway i have received another email from EE/T-mobile now which i have replied to either yet

Our Ref: XXXXXXXXXXXXXX

Dear Mr Fistatron

Thanks for your recent letter in relation to your account.

I can confirm that your account has an outstanding balance of £121.17. This is for invoices from 04/14 to 09/14, which remains unpaid.

You can make a payment by calling us on 08454 121 124 quoting your mobile number 07852-180674 or alternatively you can write a cheque payable to EE and send it to the following address:

EE
PO Box 238
SHEFFIELD
S98 1PS

If you decide to pay by cheque, please write your account number on the back and allow five working days for the payment to reach the relevant department.

Once the payment is received, your account will be shown as a satisfied account on the next automatic monthly update. Any payments that were paid late will also show on your credit file and may affect your ability to gain credit.

Further, your query related to account and dept letter, please call our Customer Service team on 08454 125 000, and they’ll be happy to help.

Thanks again for contacting us.
Ashwini Bidrewadi
Credit Referrals Underwriter
Credit Referrals

Now am stuck with how to proceed!!!

• firstly i don't know who owns the debt?
• Who is now responsible for reporting to the CRAs? I've checked with experian and the debt is still listed to T-mobile
• how do i get them to confirm who is responsible for what so that i can adequately go about disputing the alleged debt

not sure how to do find the answers to the above:(

daytona0

Apologies for my posts being removed. In truth, the mods have threatened me with a final warning so I'm not long for this forum. Thought it wise to remove a number of posts because I won't be able to if perma banned. Glad you took away something though

Sounds like they have sold the debt on, but they are just eager to have it settled.

The debt will always come up as T-mobile on CRAs, but you'll be chased by the third party. I am not sure if CRAs will record defaults (if you don't pay or keep to plans) for T-mobile or the collection company.

The only realistic way I can think of [for disputing the debt] is to write to both companies and state "I do not owe this debt because of xxx". Then it would be up to either of those companies to take you to court, which is your opportunity to provide evidence that shows you do not owe the debt.

As they said in one of those emails, you have only been invoiced at this stage! You aren't technically obliged by law to pay at this stage!

For an easy life mate I'd just offer them £10 a week/month or just the balance. Sure it is a blip, but a lot of reputable mortgage providers would be eager to listen to your explanation if you have an otherwise perfect credit rating.

I would recommend making two more posts on this forum. One in the mortgage part, to see what effect this would have, and another in the consumer rights part to see what rights you have.


As a side note, but I recently cancelled a phone contract on live chat for my nan (she was present, so dpa was passed, but the guy was unaware that he was speaking to me). It was for T-mobile as well They asked me no less than 6 times whether I was sure that she wanted to cancel! Absolutely mental! I was trying to pretend to type like an elderly lady, but I lost me rag at one point According to my nan they even rung her a day after to nag her on the phone One thing they did ask me was whether I wanted a PUC code.... and I asked my nan and she was up for keeping her phone number. But I remembered this thread... And that was that. So thank you as well You have helped me out (good deed), even if you're in the mire on this one.

LearnMore

Hi
I fully understand. I have been in dispute with Talk Mobile for months. They also put late payment on my credit file. This was done while taking to the ombudsman. Which was a waste of time . Talk Mobile refused to give me my account details., so I thought by going to the Ombudsman I would get them - wrong! They only gave them " vague" details which they knew would result in me not winning my case. I got advise from this site, money advise service ( government based) and CAB. You can also try Information of Commissioners. I am in the process of trying to get " Notice of correction" on my credit score to. It seems that despite all the so called laws to protect the consumer it seems to go against them 9/10. I wish you good luck and don't give up.

DCFC79

LearnMore wrote: »

Hi
I fully understand. I have been in dispute with Talk Mobile for months. They also put late payment on my credit file. This was done while taking to the ombudsman. Which was a waste of time . Talk Mobile refused to give me my account details., so I thought by going to the Ombudsman I would get them - wrong! They only gave them " vague" details which they knew would result in me not winning my case. I got advise from this site, money advise service ( government based) and CAB. You can also try Information of Commissioners. I am in the process of trying to get " Notice of correction" on my credit score to. It seems that despite all the so called laws to protect the consumer it seems to go against them 9/10. I wish you good luck and don't give up.

Thread is from last year mind so the OP has probably got it all sorted.

GingerBob_3

LearnMore wrote: »

Hi
I fully understand. I have been in dispute with Talk Mobile for months. They also put late payment on my credit file. This was done while taking to the ombudsman. Which was a waste of time . Talk Mobile refused to give me my account details., so I thought by going to the Ombudsman I would get them - wrong! They only gave them " vague" details which they knew would result in me not winning my case. I got advise from this site, money advise service ( government based) and CAB. You can also try Information of Commissioners. I am in the process of trying to get " Notice of correction" on my credit score to. It seems that despite all the so called laws to protect the consumer it seems to go against them 9/10. I wish you good luck and don't give up.

And it will continue to go against them while certain companies have the privilege of being able to use CRA databases as blackmailing tools.

Ben8282

Long OP.
Short answer.
It's your own fault.
By your own admission you cancelled the direct debit prior to cancelling the contract.
Why do people do this?
There are so many posts here about problems caused by people cancelling direct debits.
I understand that even if the account is out of contract a 28 days notice period is still required so there would have been at least 1 more payment to make after you cancelled the direct debit.
So what did you do ... first you cancelled the direct debit, later you phoned and cancelled the contract after which you promptly moved away to a new address and never even bothered to check the account online again.
Obtaining the PUC code probably has nothing to do with anything.

PixelPound

LearnMore wrote: »

Hi
I fully understand. I have been in dispute with Talk Mobile for months. They also put late payment on my credit file. This was done while taking to the ombudsman. Which was a waste of time . Talk Mobile refused to give me my account details., so I thought by going to the Ombudsman I would get them - wrong! They only gave them " vague" details which they knew would result in me not winning my case. I got advise from this site, money advise service ( government based) and CAB. You can also try Information of Commissioners. I am in the process of trying to get " Notice of correction" on my credit score to. It seems that despite all the so called laws to protect the consumer it seems to go against them 9/10. I wish you good luck and don't give up.

The problem is many people don't realise that mobiles are service contracts and fail to read T&C's. What details? Its like people wanting details of all calls made that they've been charged for and complain because they never paid for itemised billing but expecting the telcos to keep records.
If its a late payment marker, do you have proof you paid on time? Surely if you did then that would have resolved it.