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Robbrad

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About Robbrad

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  1. Thanks Buzby. What you say is great and has been confirmed, I called Otelo who said they will investigate the matter and whether the telco conducted their behavior correctly. Also spoke to the infomation commisioner who have said they are not responsible for whether a default was raised correctly. But they are however responsible for the correct handleing of data and are intrested if this is an issue.
  2. I think the issue I have with it is this Companies who provide credit are regulated to the CCA and thus have to provide a default notice and mark a credit file with a default against the account in question Companies who dont provide credit are not regulated by any credit acts but can place a default on your credit file when they dont even provide credit - is this right granted by the T&Cs or contract they produce (writing their own rules) but then this falls on the consumer to sign and agree, editing financial data and not notifying the consumer seams like it could hang on unfai
  3. ha ok I think I understand - I think where the error is, is that they (company B people who raised the default and were the network provider) say the contact is with company A who I registered with - this must be an error as I was paying company B for the service. My question now would be do companies have to provide a default notice giving 1 week before action or is this not the case? as stated here in the 5th from bottom paragraph Credit records: A mistake that can ruin your life | Money | The Guardian
  4. Ok, What if company A initiated the agreement then company B placed the default - upon complaining to company B for placing the default they state they don't have the contact company A does - then are company B allowed to place the default? Eg Phones 4u initiated the mobile contract on vodaphone's network. Voda then place a default - on complaining about the default and the contract they state the contract is with phones 4u and they cant handle contract disputes - then surly its for phone 4u to log a default not voda?
  5. Ok so the act don't cover them so they cant cite the act as a reason not to provide a contact or maintain one right? - so they still need to produce a contact which would clearly state they were allowed to change your financial information. Also if company A places a default but claims company B has/maintains the contact they surly dont have the legal right to issue a default?
  6. What if the Telco company in question has written in a letter stating that they rely on the The Consumer Credit (Exempt Agreements) Order 1989 which exempts them from having to provide or maintain a "paper contact". Thus not producing a contact to prove that they have the right (of which you granted them via a contract) to alter your credit file. Secondly if the company states the contact was held with another company yet they register a default against you then are they allowed to do this if you did not give them permission, surly it has to be the company the contract was with that
  7. Hi All Legal take on the following please: I understand that Mobile Phone Companies are exempt from the Consumer Credit Agreement as they don’t provide credit and thus can place a default on your file without notice if you have agreed on a contact that they can provide financial information about you. However in order to prove this ability (granted by a signed contract) in a court then they would have to produce the contact, right? Now I know many of them operate a "paperless contact system" and can state that they rely on the The Consumer Credit (Exempt Agreements) Ord
  8. Thanks again for the advice Buzby, It’s getting close to the deadline for the Subject Access Request and I still haven’t received a sausage (I have proof they received it). I have in the mean time installed a program on my phone to record all incoming and outgoing calls just in case some one becomes aggressive again (obviously I would make them aware that the call is being recorded and that they are happy for me to use this - I think this is the correct practice) I have also contacted the Car Phone Warehouse who quite categorically state that they never hold mobile contracts
  9. Bit of an update Three UK exec office have just called me (while I was a asleep before my night shift - I said it wasn't a good time , no notification that the call would be recorded) The guy came on the phone asking for my date of birth and address I wrote his name down and the phone number they called me from. He started telling me details of my price plan changes when I was with them and was stating that because I changed address they couldn't contact me and hence why a default was put on my account and that this was a true reflection of my account management. I said I w
  10. Oh dear I did disclose my DOB - I will take the advice for the future tho thanks. Dam I always learn the hard way...
  11. Thanks for the in-depth response. I have subsequently made an information request using - posting the url others might need it. http://www.three.co.uk/inforequest[url=http://www.three.co.uk/inforequest][/url] Cost £10 pounds sent recorded delivery Hopefully there is some process that hasn’t been followed correctly and I can get this default removed - not sure what else I can do.
  12. Right, Im still a bit unsure how this whole system is 'fair' - I receive no notification of any debt - I receive no comms about a debt until a debt collection agency send me a bill for the amount - I pay as soon as I recieve this -They mark my credit file with a default and I struggle to get credit from that moment on Whos at fault here? how would this stand if I escalated this further eg otelo, court? So Buzby your telling me I should write to them stateing I recieved no notification of a default and would like this removed from my credit file in its entirity? give t
  13. Another item that eats a hell of a lot of power is 3g switch the phone to GSM from UMTS But expect slower data speeds when going online with it
  14. OK iv had a reply - hard to say whether this is a reply to my initial letter or the second Where do I go from here - they haven't sent me any information about the default notice nor about my account. Your advice on this would be greatly welcome!
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