T-Mobile Help Wont Remove Default

[crk81]

I have tried several ways and T-Mobile will not remove the default.

I have done surelybonds letters to the data controller and he wont and says he has a good reason why and it will stay also they say that they have spoke to the Information Commissioners Office about this and they belive they are within there rights.

I then requested them to send me a copy of the credit agreement and a a copy of the orginal default notice, i understand they are not under the consumer credit act so they dont have to produce a credit agreement which they cant anyways, so i am trying the default notice side, my last communication was via experian and was as follows:

T-Mobile are unable to produce a Copy of the Default notice that had been served on me and I can never recall having received one.

Therefore, if no default has been served on me, and T-Mobile can not produce a copy, You as a Credit Reference Agency that hold the 'defaulted' account information on me is, effectively, holding inaccurate data, and I must insist that it is removed from my file without delay, and you do not need their consent to remove the information, you can try if you wish to obtain a copy of the default notice from T-Mobile if you think you have an exemption. Otherwise, you have 28 days in which to conform to my request or I will be asking the Information Commissioners Office to make you comply with this request.

Experian contacted T-Mobile and they have come back with the following:

T mobile are not required to issue a default notice as we are exempted under the terms of the Consumer Credit Act


Is this right?

am i totally stuck with this default for the next 4/5 years

Any help would be great

regards

CK

[buzby]

They may well be exempted under the CCA as you didn't have a credit agreement, however, thei information supplied to Experian (which, unfortunately, you agreed to as part of your contract) must be accurate. To move this a stage further, a Subject Access Request to the network (template available) should result in you getting all the information you need, along with the text contained in your supposed Default Notice. If it is not there, you have all the ammunition required to complain to both the Information Commissioners Office, and to force T-Mobile to issue a correction.

[doyin22]

Hi Crk81

Can you tell me where you addressed yur letters? I'm trying to do the same.

[crk81]

Thanks for that info Okonski i think i need to speak to the Information Commissioners Office and see what they say about this as for the address details doyin22 here is the postal address i used and had replies from.

T-Mobile (UK) Ltd
Hatfield Business Park
Hatfield
Hertforshire
AL10 9BW

[buzby]

The Information Commissioners Office office IS rather slow, but you can do everything online!

[un1boy]

Originally Posted by okonski

The Information Commissioners Office office IS rather slow, but you can do everything online!

Hiya, I'm in a similar boat - what do you use as evidence to the Information Commissioners Office?

[gizmo111]

Just got 2 removed bt British Gas - who are not covered by CCA - gesture of goodwilland all that http://www.consumeractiongroup.co.uk...s-have-no.html

[buzby]

The Information Commissioners Office work on the documentation (scanned, as PDF or JPEG) or emails you've received - if you can scan them it helps tremendously, as their complaints department keep everything filed electronically by complaint number.

[un1boy]

ok, but what sort of docs?

[buzby]

Correspondence relevant to your claim you never received a Default, asked for a copy and was refused - yet the CRAs all have it recorded. Anything to support the maladministration of your account.

[un1boy]

Excellent, so basically just copies of the letters I've sent them and their replies?

[buzby]

Yup - if you can scan them as a PDF great, jpeg if not. Do remember, the Information Commissioners Office is only there to ensure the rules a kept - they'll not fine the company or assist you in compensation, you've to use the courts yourself for that. The bottom line is it adds on the oificial aggro.... but do remember they're pretty slow in getting things done!

[zonecrew]

I wrote to the Info Commisoner regarding the Capital One not playing ball with sending me a copy of a default notice.

they wrote back (after 3 weeks!) and said in no uncertain terms that they do not get involved in disputes involving the Consumer Credit Act 1974 (basically fobbing me off!)

[buzby]

Ah yest - that is pretty straightforward - that isn't in their remit, they're only concerned about the misapplication and misuse of personal data, not whether the company processes their paperwork correctly!

[TheDean]

So where does he go from here then?

[buzby]

East - a Small Claims Action (not Moneyclaim) asking the court to make the defender remove the CRA default, and provide evidence why this should be done. The company can choose to defend the action, or agree to the removal along with the costs for raising the action.

[un1boy]

Originally Posted by buzby

East - a Small Claims Action (not Moneyclaim) asking the court to make the defender remove the CRA default, and provide evidence why this should be done. The company can choose to defend the action, or agree to the removal along with the costs for raising the action.

I am just about to start an N1 claim with T-Mobile as they have failed to supply my original agreement they allege I have signed.....I am wanting them to stop processing my data.