T-Mobile/O2

[sorrylittlelot]

ok basically have these 2 debts from uni 2004 and was paying them through payplan until jan when I decided to look into them myself, does the CCA request apply for mobile phone contracts?

[maroondevo52]

Hi,

 

Have a look at Buzbys 'sticky'.........

 

http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/70464-mobile-phone-companies-consumer.html

 

Regards.

 

Scott.

[sorrylittlelot]

thanks, i am not sure what to do though, they are with lowell

[buzby]

Were the termination charges justified...? If you've been paying it up it may be difficult to challenge them at this late stage. Why not get your credit report and see what it says about you, then you can work out what to do to put your file on a better footing.

[sorrylittlelot]

http://i682.photobucket.com/albums/vv188/sorrylittlelot/Image19.jpg

 

oK i HAD THIS MOBILE WHILST AT UNI IN 2004, i ENTERED INTO PAYPLAN AND THINK THEY PAD AROUND 6 QUID OF THE DEBT, HOWEVER i PULLED OT OF PAYPLAN AS i WANTED TO CHALLENGE THE DEBTS.

 

any help please

[locutus]

Mobile phone bills are very hard to chalenge if you actually used the phone, unlike credit cards and loans etc... mobile contracts are not covered by the CCA.

 

If you dispute this bill being yours or being for the wrong amount for any reason, you are always best dealing with the original company not a debt collection agency.

 

If you accept this debt is yours, and you have some money squirreled away, you could maybe offer them a % as full and final settlement.

[buzby]

Kinda late to chalenge, the time for that was in 2004 when the charges were first raised. I would have thought the debt would have been sold on by now, so any damage to your credit file should be coming up for retirement,but it is worth checking.

[sorrylittlelot]

will the damage not be renewed for a further 6 years having made a few payments via payplan?

[buzby]

No. At this late stage the damage has already been done, and as the account is no longer 'active', you cannot be penalised again by them trying to extend the visibility of the default. You'd be able to complain to the ICO in any event should this happen.

[abs66]

unlike credit cards and loans etc... mobile contracts are not covered by the CCA.

 

 

I'm a little confused by all the different regs, are mobile operators immune from credit agreement regs?

 

I only ask as my girlfriend is all of a sudden being hassled by Bryan Carter for a T Mobile debt. She beilieved it was being dealt with by Greg Pennington but she thought it was Moorcroft not Bryan Carter that was in charge then.

To cut a long story short, she doesnt remember even getting the contract in the first place as she had just come out of a long term abusive relationship and a lot of that time is a bit blurry.

So I sent a CCA request to see if we could get a copy of the agreement and Carters have basically said Its not covered by CCA and please tell us how much you intend to pay us kinda thing.

 

Now i discover that as per quote above Bryan Carters might be right, where do i look next? I too like a previous poster somewhere, get lost in all these threads so much help dont know where to start.

 

Please note they never returned the Postal Order, must check if cashed!

 

Abs.

PS Sorry if in wrong thread, new to this.

[buzby]

They don;t need to operate under the CCA as they're are not offering the consumer 'credit' (ie, you're not 'buying' money). It is simply a standard service contract - however the way forward here is to tell whichever DCA is pursuing that there is no recollection of a contract and to provide as much details as possible of when/where/how etc.

 

Seperately, your GF should get a copy of her credit file, as she'll already have been defaulted on this. This may give further clues into the contract date and amount owed.

[abs66]

however the way forward here is to tell whichever DCA is pursuing that there is no recollection of a contract and to provide as much details as possible of when/where/how etc.

 

 

Thanks Buzby, is there a standard letter for what you have suggested or do I just do a general letter to that effect.

 

Thanks for all the advice, she will check her credit file asap.

 

Regards

Abs and GF

[buzby]

No, you're just asking them to put up, or shut up!

[sorrylittlelot]

cheers guys, so i should just leave it and let it drop off my credit file?

can th dca not get another default/ccj placed on my file?

[buzby]

It never will drop off - just not shown to enquirers, as they current limit access to info over 6 years - but as this period COULD change, the data is never 'removed'.

 

Only a court can give you a CCJ after you have lost your case. As for a default, again - you can only be defaulted if you've agreed to it. As you've no agreement with the DCA, they can only view your file, NOT change, alter or modify it.

[sorrylittlelot]

so my credit rating will not improve?

[buzby]

Currently, the adverse info over 6 years will not be shown (but your VR entries and other public data will go back as far as they can provide it. So, it will improve - in time!

[sorrylittlelot]

so essitialy just keep ignoring lowells letters?