Carphone Warehouse battle

[zoommjpzoom]

Hello All,

 

Is there anyone on here from carphone warehouse, like lee vodafhone??

 

Could do with some help removing a default notice.

 

Many Thanks

[Lee Vodafone Company Rep]

Hi zoommjpzoom,

 

While I don't think that there is a CPW representative on CAG if you're able to provide some background on how the default has occurred I'm happy to provide you with as much advice as possible.

 

Thanks,

 

Lee

 

Web Relations Team

 

Vodafone UK

[zoommjpzoom]

Hello Lee,

 

Here is a copy of my first post, the contract CPW was with o2

 

I have complained to equifax and experian, Experian has come back up holding the complaint and equifax have taken it off as CPW never got back to them.

 

I have been having an ongoing battle with CPW since jan 08. I wrote to them canceling my contract which was due to end march 08, they carried on charging me monthly line rental. The phone has never been used since jan 08. They started with debt collectors (more than 1 company) in march 08 and broke several OFT guide lines to which i sent my complaint to and copied CPW. Since they received a copy of the letter to OFT they wrote to me confirming my account closed in Oct 08 and that i owe them line rental up to oct 08. I asked for a copy of my signed credit agreement and sent a £1 cheque to cover costs. They banked the £1 against monies owing to them and said that i can go into any CPW to see the credit agreement. Then i received another debt collection letter from a new company to which i listed my complaints about CPW and the fact they fail to produce a signed copy of my credit agreement. I got a response back from the debt collection agency saying that CPW could not supply them with the signed credit agreement and that the debt agency closed the case.

Now i done a credit check with experian and CPW has put a default notice against me for failing to pay 8 months line rental (march 08 - oct 0

I need to write to CPW and the Information Commissioner`s Office complaining against this, but will it work??

 

Also i am looking for a good legal style template letter to send CPW and Information Commissioner`s Office?

 

Much feedback welcome

 

Many Thanks

 

Any help Lee will be grateful, its really getting to me and has effected my rating when this was not my fault.

 

Cheers

[Lee Vodafone Company Rep]

Hi zoommjpzoom,

 

Thanks for coming back to the thread.

 

When you wrote to them in January 2008 was your account paid up to date at that point?

 

As they've confirmed that the account was closed in October 2008 I'm presuming that CPW have confirmed that they didn't receive your cancellation letter. If this's correct did you send it via recorded delivery and if so have you retained a copy of the delivery confirmation?

 

During January and March 2008 what contact did CPW make with you regarding the status of the account and what action did you take in reply.

 

In terms of trying to get a resolution you're happy with you will need write to CPW clearly outlining your case and while I don't have a great of knowledge on the letter template side of things I'll ask the Site Team to visit the thread with some additional guidance.

 

In the event you can't reach a solution with CPW then I'd suggest contacting the ICO and asking them to review your case independently.

 

Thanks,

 

Lee

 

Web Relations Team

 

Vodafone UK

[MARTIN3030]

Resolution of these issues relies very much on you being able to support what you say with a degree of proof.

 

It is significant that Equifax have removed entries yet Experian have not.

Despite what Experian might say-they are duly responsible for accurate recording,and DO have remit to remove or correct entries that are incorrect,in fact they have a duty to do so.

 

What was the result of the breaches under OFT guidance ? Did you make a formal complaint ?

 

The ICO has guidance on defaults and credit markers-you need to read through that.

 

A complaint to the ICO would do no harm,you will need to have a final response from CPW before filing a complaint-the ICO will want to see copies of everything you have to support a complaint.

 

Can you answer the questions posed by Lee above ?

 

Once things are more clearer there,we can look at letters you need to be sending.

[Lee Vodafone Company Rep]

Thanks for coming on to thread Martin.

 

Zoommjpzoom,

 

As Martin points out as soon as you're able to come back to us with answers to the questions asked we'll be in a better position to provide additional guidance here.

 

Thanks,

 

Lee

 

Web Relations Team

 

Vodafone UK

[zoommjpzoom]

Hi zoommjpzoom,

 

Thanks for coming back to the thread.

 

When you wrote to them in January 2008 was your account paid up to date at that point?

 

As they've confirmed that the account was closed in October 2008 I'm presuming that CPW have confirmed that they didn't receive your cancellation letter. If this's correct did you send it via recorded delivery and if so have you retained a copy of the delivery confirmation?

 

During January and March 2008 what contact did CPW make with you regarding the status of the account and what action did you take in reply.

 

In terms of trying to get a resolution you're happy with you will need write to CPW clearly outlining your case and while I don't have a great of knowledge on the letter template side of things I'll ask the Site Team to visit the thread with some additional guidance.

 

In the event you can't reach a solution with CPW then I'd suggest contacting the ICO and asking them to review your case independently.

 

Thanks,

 

Lee

 

Web Relations Team

 

Vodafone UK

 

 

Hello Lee, Thanks for the response.

 

1. Yes the account was upto date when i wrote to them in January.

2. Yes they confirmed that they did not receive my letter, and stupid me never sent the letter recorded.

3. Between jan - march, Once they had passed it onto the DCA they informed me i had to take it up with them.

4. I have wrote to them on several occasions but not had any responses back.

 

I cant understand that they can charge me line rental whilst send DCA after a debit?

 

I will reply to Martin3030 on what letters I have sent

 

Once again thanks for all help.

[zoommjpzoom]

Resolution of these issues relies very much on you being able to support what you say with a degree of proof.

 

It is significant that Equifax have removed entries yet Experian have not.

Despite what Experian might say-they are duly responsible for accurate recording,and DO have remit to remove or correct entries that are incorrect,in fact they have a duty to do so.

 

What was the result of the breaches under OFT guidance ? Did you make a formal complaint ?

 

The ICO has guidance on defaults and credit markers-you need to read through that.

 

A complaint to the ICO would do no harm,you will need to have a final response from CPW before filing a complaint-the ICO will want to see copies of everything you have to support a complaint.

 

Can you answer the questions posed by Lee above ?

 

Once things are more clearer there,we can look at letters you need to be sending.

 

Hello Martin,

 

This is the letter I sent to OFT:

I am writing to you direct to you expressing my concerns on the companies you have chosen to use for collecting outstand balance in I believe the amount to be £75 in the month of February 2008. I wrote to you cancelling my contract with you in February 2008, since then i have a number of debit collect agency’s sending me letters which I am concerned about and sent copies to the office of fair trading.

I contacted one company, Graham White solicitors on the 29th April 2008 at 12:50pm and spoke to a Stuart Slater offering a £50 payment to the solution (Amount balance at the time £107.14) in which was declined straight away and stated that carphone Warehouse wanted full balance.

The areas that I am concerned with are as follows:

1.1 That Carphone Warehouse has not informed me at any stage what collection agency it has been passed onto. ( Section 2.6 e & 2.8 f Office of fair trading guide)

1.2 Using more than one debt collection business at the same time (section 2.6 c Office of fair trading guide)

1.3 Pressuring me to make full payment (section 2.6 f Office of fair trading guide)

1.4 Applying charges onto the balance ‘If it was to go to court charges’ i.e. court fees and solicitor fees. Therefore increasing the balance in the region of 50%. (section 2.10 e Office of fair trading guide)

 

The letter of complaint to the CRA was:

Thank you for your email, please find below the points of concerns that CPW can not issue a default notice against my good name:

 

 

1. CPW never supplied me with a true signed copy of my credit agreement.(Please see attached email correspondence with a DCA)

2. CPW never sent out a Default warning letter so therefore the correct paperwork procedure wasn't followed.

3. I dispute the debt exists on the grounds I had no contract, I owe no money, and that the default is unlawful and defamatory.

 

As i said that equifax removed the default and experian are up holding the default.

 

 

If there are any further questions, please let me know.

 

Many Many thanks

[zoommjpzoom]

Hi Guys,

 

Any help on the feedback?

 

Many Thanks for your time.

[Lee Vodafone Company Rep]

Hello Lee, Thanks for the response.

 

1. Yes the account was upto date when i wrote to them in January.

2. Yes they confirmed that they did not receive my letter, and stupid me never sent the letter recorded.

3. Between jan - march, Once they had passed it onto the DCA they informed me i had to take it up with them.

4. I have wrote to them on several occasions but not had any responses back.

 

I cant understand that they can charge me line rental whilst send DCA after a debit?

 

I will reply to Martin3030 on what letters I have sent

 

Once again thanks for all help.

 

Hi zoommjpzoom,

 

As the account was referred to a DCA in March this would indicate that the account had been cancelled for non-receipt of payment a few weeks before and only line rental up to the point at which your minimum contractual commitment was fulfilled would you be liable for. I'm not sure why you're being charged for line rental up to October 2008 - the only people who can explain this would be CPW.

 

Could you provide any further information about what happened between January and March?

 

I realise that you've written to CPW on previous occasions without success but I would still recommend writing to them again and send it to the address in post 18 in this thread and send it via recorded delivery together with copies of all your previous correspondence to them and the OFT.

 

While I appreciate from your point of view that they appear not to want to look into this I'm sure this isn't this case and hopefully someone will be able to fully review your case and come back to you with their findings.

 

On the OFT front I'll ask Martin to take another look at the thread as this isn't by area of expertise.

 

Thanks,

 

Lee

 

Web Relations Team

 

Vodafone UK

[zoommjpzoom]

Hi Lee,

 

Thanks for the responce, i will try to contact CPW because it is hurting my credit rating.

During Jan - March i stopped the direct debit after i sent them the letter then i started to get DCA sending me collection letters in the march period, which also was more than 1 DCA as this was part of the complaint to OFT.

I never had any letters direct from CPW it was all through various DCA asking for different amounts of money each month. When CPW did respond, they said that the money that was being asked for was line rental from march to oct. Which i cant understand how they can ask for DCA to case money and continue to charge line rental each month???

 

Thanks

 

zoommjpzoom

[Lee Vodafone Company Rep]

Hi zoommjpzoom,

 

It does seem strange that the account would go straight to a DCA and the line rental aspect does seem odd.

 

While I naturally can't speak for CPW's debt collection processes I know from ours that we do write to customers, who fall into arrears, to let them know about that status of your account and ask that they contact us to discuss payment.

 

Getting DCA's involved and recording defaults is never a nice thing to have to do but sometimes it does become necessary - not that I'm saying it's the case here.

 

I'm really hopeful that CPW can take a good look at this to see what's happened and that a positive outcome can be achieved. Time will only tell though.

 

All the best and keep us updated.

 

Lee

 

Web Relations Team

 

Vodafone UK

[MARTIN3030]

I think that a subject access request is in order here from CPW.

I would make the request specific to include;

 

Copies of- your original agreement

Statements showing payments made and recieved.

Copies of communications between third parties including collection agents,credit reference agencies and any orther parties.

Copies of any default notices.

Copies of any account assignment details.

If any of the above are not available/cannot be supplied-reasons as to why.

If any of the information requested has been destroyed,the date it was destroyed,the method used,and who took the action.

 

 

The info which has been published by the ICO which I referred to is here;

http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.pdf

 

 

You need to write to the DCA stating that a SAR has been requested from CPW,and that you regard the account as disputed.

Remind them of their responsibilities to follow OFT guidance and their expectations to uphold any codes of practice to which they are subscribed.

Demand a copy of their complaints procedure.

Graham White Solicitors are quite well known to CAG-especially in relation to parking tickets.

[MARTIN3030]

Need help, roxburghe chasing debt which doesnt exist - Page 2 ...‎ - 25 Feb 2010

Graham White‎ - 22 Oct 2009

Roxburghe Debt Collecters...New Tactics???‎ - 7 Oct 2009

HFO Services/Roxburghe/Graham White Solicitors Default on Credit ...‎ - 11 Jul 2008

[zoommjpzoom]

Thanks for the reply and help Martin3030,

 

I currently dont have a DCA chasing me any more, that stopped with the last email i sent them stating that CPW could not produce a signed agreement.

 

I am going to try the SAR and dispute it with them further.

 

Thanks again.

[MARTIN3030]

Good.Although the chasing might have stopped for now,experience tells us that there could be more attempts in the future.

Often this can be like the dog chasing its tail-so always a good idea to put the lid on things.CPW will be equally responsible for the actions of any third parties they engage-and need reminding of that.

[stuwhite]

Hi zoommjpzoom,

 

I had a very similar experience with CPW in 2006. My issue was with vodafone not O2 though.

 

I went to Otelo who are the telecommunications ombudsman. They were really helpful and took my case on. They found in my favour and CPW had to comply with their findings.

 

From memory all i had to do was formally complain to CPW using the method detailed in the terms of the contract and give them the quoted period to rectify the problem. Once they had failed, Otelo took over and made them comply with my requests.

 

Hope that helps a bit