T-Mobile Default Query

[poochball]

Hello,

I recently wrote to T-Mobile requesting a copy of the default notice as did not receive this notice.

They say they are exempt under the provisions of the Consumer Credit Act 1974 and as such are not required to file a notice of default prior to termination of the service agreement. (I am not sure what this has to do with my requesting a copy of the default).

I actually asked for them to substantiate the default on my credit file, I have paid this debt off and so they don't have to provide the credit agreement which is fine but I thought they should still provide the default notice.

They then state terms and conditions and make no mention about my request for a copy of the default notice.

Am I being really stupid or do they have to provide me with a copy of the default notice which has been marked on my credit file? If they don't provide this they have to remove it?

Thanks for any advice

[buzby]

No - the default notice has no legal standing for non CCA agreements. It can even be a 'Final Demand' letter, and 7 days after this they can say your account is in 'default' with them. It is only a default advising of a late or missed payment, not a Default. (Note the capitalisation).

[poochball]

Hi,

Thanks for your reply.

I understand that I defaulted under the payment and as such my account was passed to a Collections Agency.

I also understand that T-Mobile are not regulated under the CCA 1974.

I guess this is why they don't have to substantiate the Default notice (note the capitals ) and as such I am stuck with a default on my Credit File.

If this was a default advising of late payment then it would be interpreted as a dilinquent account and as such my credit file would show the status to reflect this. I beleive that I have a fully fledged default resting on my credit file.

I have sent a fax to their credit referrals department anyway and will see what happens but I am not going to loose sleep over it lol.

[un1boy]

Originally Posted by poochball

Hi,

Thanks for your reply.

I understand that I defaulted under the payment and as such my account was passed to a Collections Agency.

I also understand that T-Mobile are not regulated under the CCA 1974.

I guess this is why they don't have to substantiate the Default notice (note the capitals ) and as such I am stuck with a default on my Credit File.

If this was a default advising of late payment then it would be interpreted as a dilinquent account and as such my credit file would show the status to reflect this. I beleive that I have a fully fledged default resting on my credit file.

I have sent a fax to their credit referrals department anyway and will see what happens but I am not going to loose sleep over it lol.

Have you paid this off yet? If you have, try issuing the stat notice for the Data Protection Act to stop them processing your data - I did and they removed the default marker aand changed it to settled.

No I have issued a claim through the court to make them comply with the notice and remove my data from the CRA's, they have just entered their defence - take a look, it's rediculous!

http://www.consumeractiongroup.co.uk...eed+my+consent

[poochball]

Hi,

The default has been marked as settled as I paid the account up in full. I have just realised that there is only another year before it disappears so if my last fax doesn't get anywhere I may as well stop.

I did at least get their penalty for none payment back

[un1boy]

Originally Posted by poochball

I did at least get their penalty for none payment back

Really?? how? I wasn't aware they charged!

[buzby]

That's a start, however I'm spoling to drag all these firms that try to charge this to court, but they all eventually settle....

[un1boy]

Originally Posted by buzby

That's a start, however I'm spoling to drag all these firms that try to charge this to court, but they all eventually settle....

I don't understand you post sorry mate!

[buzby]

Originally Posted by un1boy

I don't understand you post sorry mate!

It was directed at poochball - regarding fighting unfair penalty charges.

[un1boy]

Ahh, ok!

[poochball]

Originally Posted by un1boy

Really?? how? I wasn't aware they charged!

Hi,

Because they charged me for a returned direct debit. I wrote to ask for it back in November 2005. They said no.

I then settled the account in April 06 and was advised that I was actually in credit by £6.87 and received a letter saying a cheque was in the post.

I then sent this letter:

Customer Services
T-Mobile (UK) Limited
Hatfield Business Park
Hertfordshire
AL10 9BW

25th August 2006

Pooch the Dog
Pinapple
Under-the-Sea
SP0 NG3



My Reference: TM/004/C/L/2508
Mobile Number: *************
Reference: ******

Dear Sirs,


Further to your letter dated 8th August 2006 I am pleased to report that my Credit File has been updated as requested.

However, I am becoming increasingly frustrated at the fact that my overpayment cheque which T-Mobile keeps promising me has not arrived.


I quote from your initial reply dated 10th July 2006 “You'll receive a cheque of £6.87 (including VAT) within the next fourteen days”. The date on this letter is the 25th August 2006. I also have been promised that a cheque is on its way to me on your letter dated 8th August 2006. I fail to see why their has been such a delay.

I respectfully ask that this cheque is sent out to me without delay. I also ask that given the constant problems of T-Mobile failing to make payment and update my credit file, that the unpaid direct debit charge applied for the period 9th April 2002 to 8th May 2002 be refunded to me without question, and by way of apology for my inconvenience with the issues I have raised.


I do hope that you respond positively to my request and I look forward to hearing from you soon.


I got a letter of apology and a cheque for £31.87.

Result.

[maac]

I had a contract with t-mobile through the carphone warehouse a few years back. About 9 months before the end of the contract I lost my job and had no means of paying for my contract. I called them and asked if there was anything they could do, but the replied bluntly that if i did not continue paying they would cut me off and proceed with legal action. I recieved one or two letters summarising a charge of just over £300 to settle my debt with them. That was the last I heard from them no balifs or solicitors letter. What do you believe has happened

[un1boy]

Originally Posted by poochball

Hi,

Because they charged me for a returned direct debit. I wrote to ask for it back in November 2005. They said no.

I then settled the account in April 06 and was advised that I was actually in credit by £6.87 and received a letter saying a cheque was in the post.

I then sent this letter:

Customer Services
T-Mobile (UK) Limited
Hatfield Business Park
Hertfordshire
AL10 9BW

25th August 2006

Pooch the Dog
Pinapple
Under-the-Sea
SP0 NG3



My Reference: TM/004/C/L/2508
Mobile Number: *************
Reference: ******

Dear Sirs,


Further to your letter dated 8th August 2006 I am pleased to report that my Credit File has been updated as requested.

However, I am becoming increasingly frustrated at the fact that my overpayment cheque which T-Mobile keeps promising me has not arrived.


I quote from your initial reply dated 10th July 2006 “You'll receive a cheque of £6.87 (including VAT) within the next fourteen days”. The date on this letter is the 25th August 2006. I also have been promised that a cheque is on its way to me on your letter dated 8th August 2006. I fail to see why their has been such a delay.

I respectfully ask that this cheque is sent out to me without delay. I also ask that given the constant problems of T-Mobile failing to make payment and update my credit file, that the unpaid direct debit charge applied for the period 9th April 2002 to 8th May 2002 be refunded to me without question, and by way of apology for my inconvenience with the issues I have raised.


I do hope that you respond positively to my request and I look forward to hearing from you soon.


I got a letter of apology and a cheque for £31.87.

Result.

wow, you have had a very good run of luck recently with them, havent you? I didn't know they charged for missed payments - what? Do they add it to your bill?

I am having a nightmare - they have entered an irrelevant defence to a claim i have issued against them.

Check it out here:
un1boy vs T-Mobile data removal. - **WON**

[buzby]

Originally Posted by maac

What do you believe has happened

1) Jammy bu**er!
2) Divine Intervention
3) Incompetence
4) Data loss

Have you checked your credit reports lately?

[un1boy]

Originally Posted by buzby

1) Jammy bu**er!
2) Divine Intervention
3) Incompetence
4) Data loss

Have you checked your credit reports lately?

good answer