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Tmobile/BC&W/Lowell. 3 defaults for same £15


triaxiom
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I was deafaulted for £15 on 10/05/2006, for £15 by T-Mobile for an account already closed with BC+W, they then sent me letter requesting £15 admin costs, I ignored it, then it came back and bit me in the ass as a default.

 

You can see the whole story here

http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/110594-t-mobile-buchanan-clark.html

 

Here

http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/117158-just-recieved-r-t.html

 

AND here

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/117488-mackenzie-hall-texted-like.html

 

Just looking over my credit file at checkmyfile.com after being refused credit by DFS, I came across this

23668926li7.jpg

 

SO it seems Lowell are now telecomms suppliers, and have kindly issued two more defaults, the incredibly cheeky thing about this is, I've recived no correspondence from them, not even at the original address the account was registered at (my parent's house).

 

I'm now looking to get this sorted as I'm getting a bit fu**ed off that, despite earning over 80k a year between me and my wife, I can't even get credit for something as simple as a poxy sofa at DFS for the sake of a debt issued by T-Mobile for all of fifteen quid.

 

Any help with this is greatly appreciated as it's getting in the way of my life now as I was looking at trying to get a mortgage in the near future, and I can't even get a couch, let alone a house.

 

Many thanks in advance

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You cannot be defaulted more than once for the same debt and if you have been you can ask the credit reference agencies to remove the other 2 defaults. DCAs slap them on without checking what has already gone before.

 

They usually do mark "satisfied" on credit reference reports after a debt has been settled and it is difficult to get defaults removed. I checked T Mobile Terms and Conditions on the net and there is a cancellation charge in the event of early termination of the agreement, so they may be legally within their rights to charge the £15. It may have turned out to be a costly exercise for you to not pay the bill for long distance calls and ignore the admin charge.

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  • 4 weeks later...

I now have a letter draughted and would greatly appreciate review before I send it.

 

ACC No: XXXXXXXXXX

 

7th March 2009

 

T-Mobile (UK) Ltd

Hatfield Business Park

Hatfield

Hertfordshire

AL10 9BU

Dear Sir or Madam

Prior to the current request, I sent an S.A.R with an enclosed cheque for £10, on 20th August 2007, and was informed in a letter received from X,dated October 6th 2007, enclosed with some of the requested data, that more was to follow, and someone else from within T-Mobile would be in contact with me to disclose the additional data requested, however no additional contact in either written or verbal form was received.

 

The S.A.R was sent with view to receiving and viewing a copy of the original “default” notice issued by yourselves in relation to the default that appeared on my credit file in May 2006 for outstanding sum of £15.

I have let this matter sit to this point as I have only irregularly pursued credit, but now in my current pursuit of a mortgage, it has come to light I have been illegally defaulted twice more for the same debt by a debt collection agency trading under the name of Lowell, I understand that the actions of Lowell are probably not under your instruction, but they are the cause of me now resuming correspondence with T-Mobile regarding this matter.

Now having reviewed again the information you did send me, I noticed that you had a copy of a revised final bill dated 18th Novemeber 2005 for £15.58; unfortunately I never recieved this bill, and niether did I receive any notification of the subsequent default.

At the time I received a demand for £277.07 from BC+W on the 2nd November 2005 who were acting on your behalf to recover the (to my knowledge) final bill amount, which I paid in full shortly thereafter, and considered the matter closed.

I have also noticed the bill prior to this dated 18th September 2005, requests the amount of £292.60; with the use of simple maths, if you take the amount requested by yourselves on 18th September for £292.60, and deduct the amount of £277.07 paid to BC+W, you're left with the sum of £15.58.

 

As I stated previously, I never received the bill dated 18th November requesting £15.58 for a “revised” final bill amount, and now it seems that this revision was down to a lack of communication or clerical error on behalf of BC+W and/or T-Mobile, and I was then defaulted for this paltry amount despite having paid BC+W the sum of £277.07 in good faith to bring the matter to a presumed end.

The fact that a company as large as T-Mobile could make such a mistake is not unimaginable, however the fact you could damage a customers credit history (and in light of lowells actions) almost in perpetuity for the sake of a miscalculation or miscommunication is in the least, both reprehensible and insidious, and would invite you to look at your procedures regarding such actions as in need of prompt review.

So now further to having no copy or recollection of a revised final bill (an oxymoron if ever there was one) or default notice, I require you to substantiate this data with all possible expediency.

 

  1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 cheque in payment of the statutory fee, Cheque number XXXXXX.
  2. You must supply me with a signed true and certified copy of the original default notice
    I would request that this data is provided to me within the next 14 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

Should it be the case I have to pay the outstanding £15.58 to remove (not settle or satisfy, remove) the default issued, I will gladly do so.

 

Should you not contact me in regards to this request, or remove the default notice, I will be in regular contact with yourselves, and any relevant governing bodies to pursue the matter until it is resolved.

Yours faithfully

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