EE ruined my credit score

boo_star

mattvolatile wrote: »

No. if doesn't. But not properly notifying a DD customer before attempting to take payment absolutely does.

If EE now assert that they *did* advise, then I think OP will have to argue that he did not receive the notices. If his final bill does indeed say "THIS IS A FINAL BILL", then the point still stands.

OP: What, precisely, does your final bill say?

Not receiving them doesn't mean they weren't sent.

A note on the system saying a letter was sent will be sufficient proof that it was.

[Deleted User]

The final bill will have stated “we will (attempt to) collect payment by Direct Debit on XXXXXXXX date.

But again someone cancelling the direct debit themselves null and voids the DD guarantee regardless.

mattvolatile

!!! wrote: »

The final bill will have stated “we will (attempt to) collect payment by Direct Debit on XXXXXXXX date.

If it says this, then all is moot, yes. But the OP hasn't indicated that he received any such communication.

But again someone cancelling the direct debit themselves null and voids the DD guarantee regardless.

That is not true, Gary. The Guarantee is VERY CLEAR that anyone can cancel their DD at any time, and the Ombudsman has ruled in previous cases that debitors have to comply with the rules in any case. The rules say that to legitimately run a debit, they have to inform the customer in advance. If they have not done this, then the debit was incorrectly processed *whether or not the sum was actually owed*.

If EE did not seek to retrieve the money owing by other means (and the OP alleges), then this default can only be the result of a failed DD about which the OP did not know. As I said, that *on its own* is not a solution to his problem, as he'll still need EE to accept blame, or for an adjudication by the ICO. but a finding from the DD scheme that the initial request was not correctly processed would be excellent evidence in his favour.

[Deleted User]

So if i go an cancel all my DD’s I can swear blind I knew nothing about it and not be penalised for it?

I don’t think so somehow....

mattvolatile

!!! wrote: »

So if i go an cancel all my DD’s I can swear blind I knew nothing about it and not be penalised for it?

I don’t think so somehow....

Explain to me where I've suggested you could do that? Are you not reading what I'm actually writing?

The argument is, and had always been, that if EE did not tell him in advance of the debit being attempted of the date and amount of the debit, they've breached the direct debit rules. If money was legitimately owed, that's another matter -- I linked you to a document above which clearly spelled out that the Ombudsman have specifically ruled that whether or not money is owed is immaterial to the standing of the guarantee rules.

By OP's account, he was not informed in advance of the debit attempt (and in fact, he was implicitly informed that no further debit would be taken). If those facts are correct, then EE breached the DD scheme rules and OP will have a little more ballast in his appeal. All of this applies whether or not he actually owes the £18.

As for remedies, because the remedy of the DD rules is to return any money incorrectly taken (and -- this is important -- this includes money incorrectly taken EVEN IF money was owed!), there's not much an acknowledgement of a DD breach will do other than bolster his claim with the Ombudsman / ICO.

Please read the link I provided earlier to some Ombudsman rulings. The facts don't map precisely onto this case, as they involved payments actually taken after a debit instruction cancellation, which didn't occur in this case),but there's enough here (IMO) to make a complaint at least worthwhile.

Not a single thing I've said in this thread requires anyone to get away without paying money that legitimately owe. It's a complaint about *process*, which (again, if the OP has given us all the facts) seems at just possibly to have been irregular.

mattvolatile

There are also others who've had similar experiences with EE specifically in the past:

https://www.google.com/amp/s/www.thisismoney.co.uk/money/experts/article-2839332/amp/I-cancelled-EE-contract-months-ago-just-left-default-notice-credit-file.html

"A spokesperson for EE said: 'We're very sorry that Mrs Richardson was not informed of the outstanding balance on her account and that the correspondence sent was not processed properly."

These errors do happen, and it's so infuriating to see people who come on here for help told it's their own fault, when it's plausible that their supplier have erred.

[Deleted User]

Rule is don’t cancel your DD until you know you’re done and dusted.

It can’t be any simpler than that.

boo_star

mattvolatile wrote: »

Explain to me where I've suggested you could do that? Are you not reading what I'm actually writing?

The argument is, and had always been, that if EE did not tell him in advance of the debit being attempted of the date and amount of the debit, they've breached the direct debit rules. If money was legitimately owed, that's another matter -- I linked you to a document above which clearly spelled out that the Ombudsman have specifically ruled that whether or not money is owed is immaterial to the standing of the guarantee rules.

By OP's account, he was not informed in advance of the debit attempt (and in fact, he was implicitly informed that no further debit would be taken). If those facts are correct, then EE breached the DD scheme rules and OP will have a little more ballast in his appeal. All of this applies whether or not he actually owes the £18.

As for remedies, because the remedy of the DD rules is to return any money incorrectly taken (and -- this is important -- this includes money incorrectly taken EVEN IF money was owed!), there's not much an acknowledgement of a DD breach will do other than bolster his claim with the Ombudsman / ICO.

Please read the link I provided earlier to some Ombudsman rulings. The facts don't map precisely onto this case, as they involved payments actually taken after a debit instruction cancellation, which didn't occur in this case),but there's enough here (IMO) to make a complaint at least worthwhile.

Not a single thing I've said in this thread requires anyone to get away without paying money that legitimately owe. It's a complaint about *process*, which (again, if the OP has given us all the facts) seems at just possibly to have been irregular.

They almost certainly wouldn't have attempted to take the money by DD as they would have been informed, via AUDDIS, that the DD had been cancelled.

You're barking up the wrong tree.

adindas

!!! wrote: »

Rule is don’t cancel your DD until you know you’re done and dusted.

It can’t be any simpler than that.

[FONT=&quot]The OP asked for the final bill, and paid the amount stated on the final bill. So, the process has been completed. If thereafter there is still traceable sum to pay this is no more the OP fault. [/FONT]

[FONT=&quot]But I agree the money is still owed and must be paid but this should be communicated before reporting it to the CRAs as a default. After “the final bill” not many will want to leave the DDs open. Do that to the rough trader and you will be surprised of what they will bill you with any make up transaction, whatever they want to call it etc. You will be spending a lot of resources for correspondence, your valuable time to write to fight your case just to get your money back.[/FONT]

[FONT=&quot]A person who reports it to CRAs especially for such a tiny amount, no records of miss / late payment, without communicating it is normally a novice working for the business. They do not realize that this will ruin people life especially for such a tiny amount as people will not be able or difficult to get a major credit for at least six years to come.[/FONT]

mattvolatile

boo_star wrote: »

They almost certainly wouldn't have attempted to take the money by DD as they would have been informed, via AUDDIS, that the DD had been cancelled.

When I worked with AUDDIS, which was admittedly some time ago and for a company several orders of magnitude smaller than EE, the "DD Cancelled" message was an error message produced after we did a payment run. We didn't get messages every time a customer cancelled their instruction, only when a payment we had requested, failed.