EXEMPT FROM CCA? Is this possible?

[sparktav]

I have found this site to be a superb support, but now would be most grateful for any advice on a problem.

 

Stage 1. A letter from Red Debt asking for payment of around £500, debt to T Mobile.

BUT I have never had an account or contract with T Mobile.

 

Stage 2. Following the advice in this site, I asked Red Debt for a CCA.

 

Stage 3. Red Debt reply asking that I obtain a disclaimer from T Mobile.

 

Stage 4. Write to T Mobile asking for CCA and enclosing the £1 fee.

 

Stage 5. T Mobile have replied saying..

 

"... confirm that the service agreement you have entered into with T-Mobile is regarded as "exempt" under the provisions of the Consumer Credit Act 1974 and as such we are not required to file a notice of default prior to termination of the service agreement.

 

The account in question...was not opened by T Mobile retails and was not registered at your current address. Please supply any further information to support your claim that you have been a victim of identity fraud to assist in our investigations. Information required is your previous address and any documents that you had lost/stolen such as bank details."

 

I would be most grateful for any advice as to how to proceed with this matter.

 

With thanks.

[Castlebest]

If you are a consumer and T Mobile's agreement involves credit then it is governed by the Consumer Credit Act

 

As for Identity fraud, all you can give them is your address and any previous address's as you have no knowledge of this agreement and it obviously isn't linked to any of your banking facilities as it hasn't been paid.

 

tell them its their problem and you have no knowledge of any such agreement.

[diskmandave]

I feel that this would be better served in the debt collection forum, i'll ask that it be moved.

 

Regards, Dave.

[rory32]

Thread moved to debt collection forum.

[rory32]

If you are a consumer and T Mobile's agreement involves credit then it is governed by the Consumer Credit Act

 

Most mobile phone contracts are not covered by the Act unfortunately. However, there would need to be an agreement (the contract) and I would certainly ask for a copy of it.

[sequenci]

If an agreement *should* be cleared to zero each month (such as telephone, utilities or charge cards) it would be unlikely that they would be covered by the CCA.

[sparktav]

Thank you very much so far for all the helpful comments. I am beginning to feel there is no way out of this mess!

 

Proving you are not a victim of fraud seems to be a nightmare.

 

Even if T Mobile did not open the account, as they had invoiced me they must know who was responsible for opening the account?

 

Is there any course of action I should follow that might help?

 

Many thanks.

[diskmandave]

Maybe a trip to the police station is in order now, report the offence, possibly give a statement and obtain a crime number that can be quoted in future dealings with DCA's etc...

 

Also, I feel you need to check your Credit Reports;

 

Equifax - Online Credit Reports and Credit Reporting from a Leading Credit Agency: Equifax

Experian - Credit Reports: Get your Credit Report from Experian UK

Callcredit - Credit report information for consumers - Callcredit

 

Don't fall for the fancy marketing, send a £2 cheque to each of them for your report. It may be that you have defaults for this T-Mobile theft, but it maybe that there are other problems that haven't surfaced yet and it be best that you find out now that you know it has already happened once.

 

Possibly not what you want to hear on the last Saturday before Christmas, but the way forward I feel.

 

Best wishes, Dave.

 

If my post was helpful don't forget to click the scales!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily wagon driver and all I know has been learned within the

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http://www.consumeractiongroup.c o....se-read-these/

 

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[Michael Browne]

You can download the Statutory credit report application forms here:

Credit Reference Agencies: Credit Report Application Forms

http://www.callcredit.co.uk/download/creditfileapp.pdf

http://www.experian.co.uk/downloads/consumer/cfa.pdf

https://www.econsumer.equifax.co. u...ile%209-05.pdf

[ODC]

You should be aware that when you apply for your credit reports you may find a deluge of offers for loans and Credit Cards,. You may also receive letters from DCAs looking for people with a name similar to your own

[sparktav]

Thank you again. The latest development is that Red Debt have now asked for payment and threatened court action and bailiffs if I have not replied by the 23rd December. I received that letter today!

 

I am now getting very worried.

 

Am I OK to delay until T Mobile have investigated further with the Fraud enquiry? The incident dates back to March 2003. But I had no knowledge of any debt until Red Debt contacted me in November 2007.

 

As it is almost Christmas, it is impossible to respond to Red Debt in time.

 

Any advice gratefully received.

 

Thanks.

[Seahorse]

I'm a little confused. If the account was not registered at your address as T-Mobile previously stated, how come red debt have come chasing YOU at YOUR address?????

 

It may NOT be identity fraud after all. It may simply be that the CORRECT person has legged it from the registered address, and Red Debt in their incompetence have latched on to you because you have a similar name.

 

After all, wouldn't it be logical to start with the address that T-Mobile have on file?

 

Or am I missing something obvious here?

[rory32]

Am I OK to delay until T Mobile have investigated further with the Fraud enquiry?

Yes. Red should not be sending you any letters while there is an ongoing dispute that needs investigated.

As it is almost Christmas, it is impossible to respond to Red Debt in time.

That's exactly the purpose of the letter. You can't respond in time. They are hoping that it will make you panic and phone them, in which case they then have the opportunity to attempt to pressurise you into making a payment.

[diskmandave]

As Rory has stated, RED should not be pestering you whilst an ongoing dispute and investigation is underway, it's against OFT guidelines on debt collection;

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

threatened court action and bailiffs

They can't send bailiffs without a CCJ and subsequent Court Order following non-payment of the CCJ.

 

It may also be helpful to have a chat to your local Trading Standards service;

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

Regards, Dave.

[ODC]

It may also be helpful to have a chat to your local Trading Standards service;

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

Regards, Dave.

Actually I think a report to Leeds TS may be a good bet as according to our Simian buddy they are looking at the nefarious activities of the crumbling Lowell empire with a view to clipping their wings

[sparktav]

I'm a little confused. If the account was not registered at your address as T-Mobile previously stated, how come red debt have come chasing YOU at YOUR address?????

 

It may NOT be identity fraud after all. It may simply be that the CORRECT person has legged it from the registered address, and Red Debt in their incompetence have latched on to you because you have a similar name.

 

After all, wouldn't it be logical to start with the address that T-Mobile have on file?

 

Or am I missing something obvious here?

 

Thanks for that, yes you are quite correct, I was at a different address when this fraud was set up, but Red debt have found me at my new address.

 

I have now composed a letter to Red debt explaining that T-Mobile are investigating the matter, and that I would contact them in due course when there is a result.

 

This is all very scary, I have read about similar cases but never thought I would be a victim! An excellent Christmas present!

 

Thanks again for all the advice.

[sparktav]

Have now written to T Mobile asking for details of the agency who accepted the fraudulant agreement on T Mobiles behalf. Can i get a CCA from them perhaps?

 

Have also given them my address at the time in 2003 when the account was opened.

 

I hope I have done the right thing! Will report back to the group when I hear from Red Debt and T Mobile.

 

Best wishes.

[ODC]

You have don e the right thing and have made it clear to Red that you will be dealing directly with the creditor. Red will not like this. TOUGH. You will not get a CCA from T Mobile as most mobile phone debts are not covered by the CCA but they should have a copy of the contact of service you allegedly signed when you allegedly got the mobile phone. In the event of they or RED taking this matter to Court they would need some sort of proof an agreement exists

[sparktav]

You have don e the right thing and have made it clear to Red that you will be dealing directly with the creditor. Red will not like this. TOUGH. You will not get a CCA from T Mobile as most mobile phone debts are not covered by the CCA but they should have a copy of the contact of service you allegedly signed when you allegedly got the mobile phone. In the event of they or RED taking this matter to Court they would need some sort of proof an agreement exists

 

 

OH DEAR! Having gone quiet over the holiday period, have now received from Red debt (Lowell) an open postcard sent second class.

 

It says

"WE ARE URGENTLY TRYING TO

 

CONTACT YOU.

 

I will contact you again between 8.00am and 8.00pm.

If inconvenient please call

0845 279 7120"

 

As explained I know nothing about this debt and T Mobile are currently investigating but I have not had a response to my last letter.

 

Any advice as to my next step??

 

Happy New Year to all.

[ODC]

Ignore the postcard from Red/Lowells. Its merely a tactic to con you into ringing them so as they can bully some money out of you. You have made your position clear to RED

[sparktav]

Ignore the postcard from Red/Lowells. Its merely a tactic to con you into ringing them so as they can bully some money out of you. You have made your position clear to RED

 

 

Thank you for your reassurance, not sure how I would have reacted without advice from this marvellous group.

 

Will now wait the T Mobile investigation.

[meagain]

In theory, nothing is exempt from the Act - as that would make them exempt from the law.

 

As I understand it (and I may have misunderstood it), you cannot serve a notice of default pursuant to the Act unless there is an agreement, and either there is an agreement or there is not an agreement. If there is an agreement, then they must provide it to you. If there is no credit agreement involved, they have no business recording information with credit reference agencies.

 

Any part of this post, including this sentence, may be incorrect.

[ODC]

Any part of this post, including this sentence, may be incorrect.

You could get a job with a DCA with a line like that:D

[sparktav]

The latest is the response of T Mobile to my request for a copy of the fraudulent agreement. The agreement was made through an agent of T Mobile but they say that the agencies are no longer trading so

"almost certainly contracts would not be available after this amount of time from 2003".

 

The problem remains that the fraudulent account was opened at my previous address and payments were received by direct debit and a switch card. I have no knowledge of how this happened as the first I knew was when contacted by the delightful Red Debt in November last!

 

I am not sure how to proceed, once again any advice most gratefully received.

 

Many thanks.

[ODC]

RED DEBT would need proof that a debt exist before taking you to court e.g. a contract signed by you. This is not available so Red have no proof a debt exists and I would tell them so.