Mobile phone companies dishing out defaults - we're stuck with them for 6 years?

[cadencealex]

Is this true, because they're not regulated by the CCA???

I have one with T Mobile which I haven't paid and I wont pay - its not my date of birth and the charges are ridiculous.

And another with Orange which is settled.

I don't want them on my credit file though...

[buzby]

The 'default' can go on your credit file, because it relates to your 'financial dealings' it has nothing to do with whether it is regulated by the CCA or not. As to your date of birth being wrong - that doesn't make any default (lower case 'd') invalid, just the CRA has to be careful they apply the information to the correct individual - having the correct DoB makes this easier for them, however if the adverse data is linked to you via your address, it may show the varying DoB's, and this could generate a CIFAS (Fraud) flag which is completely unjustified.

As to your problem, a wrong DoB and ridiculous charges are no reason not to pay, especially if the charges are correct. If not, you challenge them and you'll get help here - but a can pay won't pay stance doesn't work well. If you had the same problems with Orange, even if settled, they'll be on your file for 6 years, so it might be prudent to reject any charges that have been unjustly applied to your account, and then complete your agreement.

[cadencealex]

Originally Posted by buzby

The 'default' can go on your credit file, because it relates to your 'financial dealings' it has nothing to do with whether it is regulated by the CCA or not. As to your date of birth being wrong - that doesn't make any default (lower case 'd') invalid, just the CRA has to be careful they apply the information to the correct individual - having the correct DoB makes this easier for them, however if the adverse data is linked to you via your address, it may show the varying DoB's, and this could generate a CIFAS (Fraud) flag which is completely unjustified.

As to your problem, a wrong DoB and ridiculous charges are no reason not to pay, especially if the charges are correct. If not, you challenge them and you'll get help here - but a can pay won't pay stance doesn't work well. If you had the same problems with Orange, even if settled, they'll be on your file for 6 years, so it might be prudent to reject any charges that have been unjustly applied to your account, and then complete your agreement.

Ridiculous charges - something like £185 reconnection fee or something crazy - is not on at all. I have gone through my credit file since 2001 and paid off most defaults which now show on my credit file - I believe I have been responsible doing this, however, it seems to me that a default is a default whether it is paid or not and it still looks bad - so if it's stuck there for 6 years anyway, why pay it?

And I can honestly say that 3 other defaults are SOLELY bank charges.

[buzby]

Ah - but that's playing their game, and the consumer always gets stuffed! The moral argument is you pay any debts incurred legitimately, and fight those thatr are sharp practice. In the latter category I include, reconnection charges, non DDM fees, and late payment charges.

In your case - if you fouled up, apologise - but there's no need to kiss-ass! Reject any 'reconnection' fee as clearly the network should only be recovering its charges for the actions you incurred, 'fining' you is what the courts do - not firms out to seek geater profits from you as a debtor. Also, if they put on the default, they can trake it off too - so don't be too quick to dismiss it as a done deal, you'll probably get this removed as part of the bargaining or pre-court moves. Right - here's what to do.

1) Pay any charges legitimately incurred so that the money only outstanding is the charges you dispute.
2) WRITE to the billing address, stating that you'd like a breakdown of their charges, as due to a recent OFT ruling, firms are only entitled to recover set amounts, not 'fine' them. (This gives them a chance to reconsider and possibly clear the remaiunder.
3) If they don't budge, saying the debt remains due, WRITE again, stating that you dispute the charges applied, and to note that you challenge their right to these fees, you'll take the matter to court if neccessary. At the same time you want any defaults placed on your credit record removed pending a decision by the court. To facilitate this, you require them to provide you with your S.A.R - (Subject Access Request). Ask if they make a charge of this, and note that should your action be successful, you will require this fee to be refunded also. (This often results in a free S.A.R - (Subject Access Request))!

Get that started, and there's every chance T-Mob will remove the default, remove the fees and leave you with a working phone. That would be a reasonable outcome, don't you think?

[cadencealex]

Originally Posted by buzby

Ah - but that's playing their game, and the consumer always gets stuffed! The moral argument is you pay any debts incurred legitimately, and fight those thatr are sharp practice. In the latter category I include, reconnection charges, non DDM fees, and late payment charges.

In your case - if you fouled up, apologise - but there's no need to kiss-ass! Reject any 'reconnection' fee as clearly the network should only be recovering its charges for the actions you incurred, 'fining' you is what the courts do - not firms out to seek geater profits from you as a debtor. Also, if they put on the default, they can trake it off too - so don't be too quick to dismiss it as a done deal, you'll probably get this removed as part of the bargaining or pre-court moves. Right - here's what to do.

1) Pay any charges legitimately incurred so that the money only outstanding is the charges you dispute.
2) WRITE to the billing address, stating that you'd like a breakdown of their charges, as due to a recent OFT ruling, firms are only entitled to recover set amounts, not 'fine' them. (This gives them a chance to reconsider and possibly clear the remaiunder.
3) If they don't budge, saying the debt remains due, WRITE again, stating that you dispute the charges applied, and to note that you challenge their right to these fees, you'll take the matter to court if neccessary. At the same time you want any defaults placed on your credit record removed pending a decision by the court. To facilitate this, you require them to provide you with your S.A.R - (Subject Access Request). Ask if they make a charge of this, and note that should your action be successful, you will require this fee to be refunded also. (This often results in a free S.A.R - (Subject Access Request))!

Get that started, and there's every chance T-Mob will remove the default, remove the fees and leave you with a working phone. That would be a reasonable outcome, don't you think?

Much better! Logic!

I'm just on my high horse after receiving my credit file from Experian this morning..

Many Thanks!

I am going to enjoy the next few months cleaning up my credit file and reclaiming bank charges... and I'm in no rush to get the money for Christmas! In fact, would be better if I didn't as I want to get out of debt and not into it more!

[buzby]

Excellent - this is one task to savour.... it's your right, and if you can hit these unfair charge monkeys where it hurts, not only will your blood pressure recover, you can tell other folk to do the same, and so on and so on. We'll win, it might take some time, but we'll win!