T-Mobile and Lowell skullduggery!!!

Fistatron

I have already posted about my ongoing dispute and attempt to remove a default/late payments from T-mobile here https://forums.moneysavingexpert.com/discussion/5509230/t-mobile-ruined-my-credit-rating the post is titiled T-mobile ruined my credit rating.

At the moment i'm panicking a bit as t-mobile have handed the debt over to lowell portfolio I Ltd, even though i was disputing the alleged debt!!

I believe T-mobile and lowell are being very underhanded at the minute to the point of being fraudulent!!! As the current timelines they are are reporting in the letter i have received don't make sense.

here is their time line in the letter i received:

* on the 25/07/2016 the alleged debt was sold to lowell by t-mobile
* on the 11/08/2016 lowell then sent a demand in the post to me (received the 15th of august).

My timeline:

* on the 28/07/2016 i joined experian (i have email proof, also my account details will attest to this)
* on the 28/07/2016 I became aware of the default raised by T-mobile (three days after the allegedly sold the debt),
* then on the 09/08/2016 I emailed experian asking them to query the default,
* on the 09/08/2016 i received an email from experian confirming that they had received my query,
* then on the 11/08/2016 i received a reply from experian that t-mobile can confirm the record was accurate.

So they either possess an extreme level of clairvoyance to the point that they were aware i was going to dispute the default before i was even aware there was a default or they are manipulating the dates so that they can demonstrate fair process of the compliant. if it is the latter of the two then i feel i'm being completely unfairly treated and I want to complain but i'm not sure where to go with the above and how it effects my current dispute!!

Fistatron

Is this a complaint I would take to the FCA, ICO or trading standard?

Do I even have a footing to mount a complaint?

I don't believe this is fair process and I genuinely want to complain but I'm not sure how to go about it?

Some advice on this would be greatly appreciated.

Thanks

Somerset

What would be the basis of your complaint ? I've read your previous thread.


You said T-Mobile issued a default 2014. You wanted to end the contract but elected to ask for/accept a PAC code instead. This over-rides the cancellation, and if the PAC code isn't used the contract continues. You understand that now but didn't then, and say CS didn't explain. Nonetheless ... the contract was 'live', you had cancelled the d/d and moved.


Hence 2014 default and arrears. Correctly reported.


I don't really get the July/August 2016 importance ? Somewhere in there T-Mobile sold the 2014 debt to Lowell. They confirmed to Experian their default status was correct. Can't see the skulduggery. And I can't see a complaint basis.


Maybe others can.

fermi

If the default is not factually incorrect, but you consider the circumstances resulting it were unfair, then going to

https://www.ombudsman-services.org/complain-now-communications.html

is likely the most appropriate route.

Fistatron

Hey Somerset thanks for the input i really do appreciate, I have made some comments in red explaining my reasoning.

Somerset wrote: »

What would be the basis of your complaint ? I've read your previous thread.

You said T-Mobile issued a default 2014. You wanted to end the contract but elected to ask for/accept a PAC code instead. This over-rides the cancellation, and if the PAC code isn't used the contract continues. You understand that now but didn't then, and say CS didn't explain. Nonetheless ... the contract was 'live', you had cancelled the d/d and moved.

Hence 2014 default and arrears. Correctly reported.

you make a good point that is technically true, however, my view is that i had made a decision without the full terms/consequences being fully disclosed.

if i was to enter a contract without the full terms and conditions being disclosed at the point of making the decision then said agreement would not be valid or enforceable. I'm sure there was a case where old (1990's) barclaycard credit agreement were found illegal as the T&Cs were not on the same page as the signature or to that effect. in this case they were not even in the same interaction

I don't really get the July/August 2016 importance ? Somewhere in there T-Mobile sold the 2014 debt to Lowell. They confirmed to Experian their default status was correct. Can't see the skulduggery. And I can't see a complaint basis.

firstly in written communication received on the 15/08/2016 said the following, (i have underlined the relevant information for emphasis)

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

below is an extract from the letter i have just sent to EE (formerly T-Mobile) which explains my position and why i feel it has been unfairly handled

I was unaware that alleged debt/default existed until I joined Experian and checked my credit report for the first time on the 28/07/2016 (my account details will attest to this, as well the conformation email received from Experian). On the 09/08/2016 I emailed Experian to query the above mentioned default (again my email account will attest to this). On the 11/08/2016 I received a reply from Experian stating the following

“They [T-Mobile] 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”

As you can see in the above communication between T-Mobile and Experian, you state that if I wanted to make payments I could have called T-mobile on 08454 121 124. Also in the above reply from Experian were the contact details for the credit referrals department of EE. This reply was sent and received on the 11/08/2016, I was in the process of formatting a letter to enquire about the alleged debt with an aim to resolve the matter, when I received the communication from EE Ltd and Lowell portfolio I Ltd.

As is evident from the above timeline reported in the aforementioned communication from EE & Lowell my right to reply and challenge the alleged debt was removed. I feel I have been treated unfairly and have denied fair process with regard to this matter.

hopefully this makes my position a bit clearer

Maybe others can.