Advice with dodgy mobile phone contract

[amulrooney]

To cut an 8 month, extremely long story short, I was flogged a mobile phone contract with 3 mobile via a cold-call from an agent called Communications Direct. It was a ‘too-good-to-be-true’ offer that I should have seen coming, but upon opening the box, was a pack of lies. I complained and was told to return the phone via a courier (would have cost me a shed load and was very skint at the time due to new baby in the house!) so sought help from Trading Standards. They told me I was not liable for return costs and wrote to CD on my behalf, explaining this and that I was covered un the Distance Selling Regulations. They kept very quiet and did nothing.

Anyway, the phone never got returned and Three sent out the debt collectors as I didn’t pay any bills. I’ve kept in good contact with three and the debt collectors but neither of them listened. It then went to a solicitor. I explained the legal side to them and it’s all gone very quiet. Not heard anything for about 4 weeks.

Right, one of my credit cards has reached the end of its 0% intro offer to its time to switch. Had a right shock when I got refused a credit card (1st time ever) so rang to see why. They said it was due to my credit score and when I looked on Equifax, I’ve got a massive red mark “3 missed payments” and what looks like a defaulted account – Yep, all to do with Three.

What I want to know is how I can get this mark removed. It’s costing me money every month in interest on my credit card that I cannot switch due to this mark.

Any help would be appreciated.

Many thanks

[Giveitback]

Back to trading standards. tell them and see what they say.

faling that, get the point of law from then which states that you do not have to pay for the retrun of the goods.


Write to them quoting this, and explaining that they are in breach of both the distance selling regulations, and contract law - I don't know the points of law, but suggest that trading standards or CaB will.

Demand that your file is cleared.

This isn't a full or perfect answer, but it goves you a starting point to work on for now.


Anyone else?

[thecornflake]

Distance selling regs definitley worth checking.

Also there's a lot of situations that would render this unenforceable because of the way the agreement was initiated (cold calling, cooling off period etc). I can't remember which law covers these though.

Then there's trade descriptions, sale of goods, supply of goods and services...

I think if you read those there's going to be at least a couple of relevant points in them.

You may be able to adapt the information in the bank action forum for getting a default removed as it's a similar situation - default added wrongly.