Unlawful Default Notice Carphone Warehouse

[loring]

Hi recently looked at my Equifax Credit Report and see that Carphone Warehouse have registered a Default Notice against me for £22.00 in September 2005. I have never been issued witn a Default Notice.

I believe the alleged relates to a letter I received from Carphone Warehouse requesting I pay them £22.00 for breaching my contract with them.

I wrote to them stating I was not aware of any contract with them and the only business I had with them was that in 2003 I purchased a "Fresh" pay as you go sim card from one of their shops and used my visa card to top it up when required. I heard no more from them.

Should I send a SAR requesting all data they hold on me, what section of the Data Protection act should I use and what other action should I use to have the default removed.

Any asistance would be appreciated.

Many Thanks

 

Loring

[dx100uk]

wite to the cra and demand they check their data as you have never entered into a contract with the defaulter.

their data must be accurate and varifiable.

 

dx

[loring]

Thanks dx100uk

I have sent out letters to CRA's today

I also sent a SAR to Carphone warehouse

Will wait and see what responses I receive back

 

Loring

[buzby]

Did you pay them? A SAR costs £10 - otherwise it will be ignored.

 

Secondly, they don;t have to send anyone a 'Default Notice' - they can place any of their customers 'in default' of an agreed arrangement and tell a CRA about it, but only if you agreed to it.

 

When 'Fresh' was introduces, it was SOLD as a hybrid product, you topped up like PAYG but signed up to onerous T&C's which, made the whole point of joining it pointless. Since all they needed to validate it was a credit card (which you gave them) you would have been deemed to have entered into the Fresh scheme and their terms of service.

 

Check these out to see what they are and how they may have affected your use of the service, and then use this information to challenge them. However lack of a default notice isn't relevant, as it is';t a CCA agreement.

[loring]

Thanks buzby

I sent them a chequi for £10.00 with the SAR.

Interesting I didnt realise it had terms and conditions.

Its such a time ago i cannot remember anything about terms and conditions, I was with fresh probably a couple of years and just don't know I could have owed them any monies as Fresh would not allow calls unless I was in credit. They always sent a text message telling me my credit was about to run out and I must top-up if I wanted to make calls.

Is there any way I can get hold of the terms and conditions that would have applied.

 

Loring

[buzby]

The T&C will be dynamic - that is to say, the last clause in it will state they can modify the T&C's at their discretion and post the latest version on ther web site, so you are not locked in to a particular version.

 

The scheme has not been as popular as they'd hoped and it's T&C's now may be vastly different that the deal you agreed to - why not just check out the current CW website and see what they say about 'Fresh' - as you know, it isn't a REAL network, simply they resell minutes on one or other of the major neworks as an MVNO (Mobile Virtual Network Operator) in much the same way as Tesco, Virgin etc operate).

[loring]

Hi Buzby

After more than a month writing to Carphone Warehouse and not receiving any responses they phoned me this and told me that they are in the process of removing the default notice from my credit file. They say it is all a mistake they have been aware since September 2005 that I was not in debt to them. Should I look for comoensation from them or should I complain to the Information Commissioner ofr someone else about this.

I feel they should not be allowed just to walk away from this and say it was a mistake, the default Notice has been on my file since September 2005.

They are wroting to me so I will wait to see how the letter is worded.

 

Loring

[buzby]

That's good to hear. You may not get monetary compensation, but say you welcome their agtion (better late than never) but since the fautt was clearly theirs, would they consider making a contribution to your costs in resolving the matter? £25-£50 might do it!

[loring]

Hi Buzby

I got a letter yesterday from Carphone Warehouse and they have sent me a cheque for £30.00 as a goodwill jesture, have assurred me the default will be removed over the next 2 weeks. This one is now closed out and I will move on to another battle wth "Mint" to get another one removed.

Thanks everyone

Loring

[dx100uk]

well done

 

dx

[buzby]

That's good to hear! Well done!