3 Mobile Credit mark costing me a mortgage

andy22222

Hi, Wondering if anyone can help with some thoughts here on next steps.

I bought a SIM card from 3 mobile in branch, and took it back the following week, and was told in branch account cancelled OK. At the same time I had a mortgage approved on a help to buy scheme and credit report was fine.

Three weeks ago, I went to complete and sign flat and a late payment mark and unsettled account showed up from 3 mobile. I phoned to challenge this and paid the relevant amount. Having explained the situation I was given an apology and told that the account would be marked as settled on next credit report update.

Telling that to the mortgage company their indication that it would still be removed from the phantom late payments / arrears which had been showing for 2-3 months.

As such I went through complaints procedure, got a full apology and was told that this would be passed to another department. I had actually threatened a libel case and a claim as I was in a hotel because of it, and in danger of losing deposit. Which seemed to get them moving.

At that point I was told by a helpful guy that he was submitting a report up the chain and promised a letter within 72 hours confirming the late payment mark was going to be removed when next updated.

A week later I had heard nothing so after three more calls I finally got a letter via email (addressed to wrong address in Belfast!) confirming account as settled but REFUSING to take off the late payment mark.

*Important to note at this point that in three (recorded) phone calls they have admitted error and said it's their fault.

I've submitted a complaint back into their email system but it's going to take a week to get looked at. Meanwhile if I don't complete on the flat by Friday then I lose the property and a 23k deposit.

Lost for ideas, other than engaging a lawyer and threatening a libel claim.

Anyone can help or throw in ideas??

[Deleted User]

Wait for the marker to be removed.

Not much more you can do than that.

You can’t escalate it until after 8 weeks has passed and you receive a deadlock letter

[Deleted User]

How did you manage to return a sim bought in store after a week and have the contract cancelled?

System

Usually you can only cancel within 14 days if you bought it online or over the phone, not in the store. If you do decide to cancel you have to call 500 from a phone using the SIM.

Andrew1974

I always call 333 from the phone. Never knew about 500.

Gavoo7

Have you already exchanged contracts on the flat? If not, then you won’t lose the deposit. If you have exchanged I’d be very surprised if the lender has withdrawn the mortgage offer. Doesn’t make sense, you must be a little confused.

andy22222

Hey guys, thanks for the feedback. For clarity the sim was taken back outside the cooling off period, and the advice I SHOULD have got was that it needed paying and cancelling and the account could not just be cancelled.

However, as I was given that advice in branch, I'd received apologies and the initial promise that the late marks would be taken off, which wasn;t.

Flat have extended 10 days.

Looks like unless the complaints procedure works it's the 8 week escalation which probably means I've got to take a different mortage with 63k more deposit needed

[Deleted User]

So also your fault for not checking the terms of the contract then

andy22222

Yes Gary, the initial and ultimate fault is 100% mine, that's a given.

However the advice I was given in store was that the account had been cancelled, all settled up, and that there was nothing I needed to do.

The statements and reminders were being sent to a Belfast address, which I had never given them.

[Deleted User]

The account may well have been cancelled but you’re still liable for the termination charges.

That goes without saying

andy22222

Am happy with paying any termination charges, or fees.

What I'm not happy with is being:

1. Told in branch that that the account was cancelled and there was nothing further I needed to do.

2. Not receiving any bills, reminders or late payment issues via post because it was going to a belfast address.

3. Having late payment marks on my account stopping my mortgage.

4. Being apologised to over the phone and being told this was the companies fault and something they would act on within 72 hours to confirm that the late mark was being removed.

5. Getting a week down the line and being told that they wouldn't remove the late mark or send that promised confirmation.

6. Still being unable to sign the mortgage / flat.

What's not in contention is that is that ultimately my fault for not having read the initial contract, and taken the shop assistant at his word and not chased with a follow up call to confirm.

I'd never checked my credit rating before, as had never had any credit, which is why the 3 late payments mark have had such an impact. As with hindsight I should have had a couple of min payment credit cards, or mini bank loan. Hindsight is a wonderful thing, and yes Gary there's a lot I would have done differently here. But that's not much help...

What is in contention is what means I have in my disposal on expediting/ forcing them to take this late mark off so I can keep a mortage in place, and get out of !!!!!! cheap hotel I'd rather not be 'living' in.

From the above thread this seems to be nothing, other than hope their complaints procedure comes good, or wait 8 weeks and raise it with a credit agency?

Or anything I'm missing?