T-Mobile Default: PLEASE HELP

[kmiah786]

I realised a default placed by t-mobile on my credit file after which i wrote to them for a copy of my agreement.

 

When the first letter was sent, in response the wrote the following:

"I refer to the information you requested and 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 default notice prior to termination of the service agreement.

For the receipt of any correspondence and copy of agreements you can contact our customer relations tem"

 

As I did not have a clue what the above meant in plain english, I wrote to them again for an explenation of the above and the agreement to which they responded with the following:

 

"No signed contract can be supplied as you connected with us direct and a copy of our terms and conditions, and a distance selling regulation letter were sent with your phone.

This gave you seven working days to return the equipment to us if you were unhappy with anything.

Our T&C advise that we do not need to provide you with the documentation you have requested and a copy of this can be found on our website.

 

Now I am really confused on what to do.

How can I challenge this default?

with the above agreement, dont they have to send a default notice prior to placing this on my credit file?

Can I make a request under the data protection act to see all my details and payment statements?

is there anyway that I can get the default removed?

Edited November 3, 2010 by kmiah786

[IdaInFife]

Phone contracts are not covered by the cca.

 

you can send them a sar to check to see if you had indeedd missed payments that would or would not warrant a default/

[kmiah786]

Does this mean that they are not required to send me a default notice prior to placing it on my credit file?

[IdaInFife]

Not a default notice but a notice of default - 2 seperate things

 

basically a letter stating your payments are behind ad dif you do not pay in xx days then a default will be issued etc etc

 

noramlly found on utility reminders

[kmiah786]

Cant I challenge that they did not not send me any reminders or mention any defaults?

[IdaInFife]

If you are saying that you were due £xx amount and you did not pay this and did not receive any letters or demands after this then yes of course you can challenge it if you have not recevied any communcaition about an outstanding payment

[kmiah786]

Do they have a legal duty to prove that they sent me reminders?

[IdaInFife]

no but if you send a sar they should provide this info

[kmiah786]

I will send a sar and let you know what comes back.

Can i pm you please?

[IdaInFife]

yes let us know.

 

and if you feel you need to pm then yes

[kmiah786]

Just recieved the respose to the SAR.

Enclosed were ONLY copies of bills and a print out of their phone logs dated from 11/10/2010 to 1/11/2010.

They did not provide any other information which seems abit weird.

THEY DID NOT PROVIDE:

Any other personal information, not even my date of birth

No copies of the application i made for the contract

No mention of any charges they added to the account

No mention of the debt has been transfered to a debt collection agency.

NOTHING JUST BILLS WITH MY NAME AND ADDRESS ON!!

 

They have also wrote this letter:

 

" You have asked to see information we have about you. I acknowledge reciept of your cheque for £10.00 for disclosure of information under the provisions of the data protection act.

I have pleasure in enclosing a copy of the account notes relating to account numbers: ( 2 accounts).

I have also included the past bills for account ( 1 account). I WAS UNABLE TO FIND BILLS FOR ACCOUNT NUMBER (2nd account).

In order that we can fully meet this request, please assist us by completing and returning the enclosed form, which helps us locate the information you require."

END OF LETTER

 

I find this really funny as the form they provided for me to return requests details of name, address & telephone number.

Also they request me to provide customer service information (notes made by their customer service advisors)

Billing information, records of numbers I called and numbers of people and messages I sent.

 

I find this really funny, how on earth am i meant to keep record of customer advisor notes and how do i recall numbers I called.

 

They have the account numbers to which this matter relates to, my name, address, date of birth and they request the above information????

 

Can someone please advise me on how I should deal with this and if they have fully complied to the SAR by only providing bills.

[kmiah786]

The SAR was sent to T-Mobile

The purpose was to see what iformation they hold about me,if they added ay charges to the accout etc.

Overall I was looking for a way to get the default they placed on my file removed.

 

My origial post is here:

http://www.consumeractiongroup.co.uk/forum/showthread.php?282697-T-Mobile-Default-PLEASE-HELP&p=3185575&highlight=#post3185575

 

Please take a look

[kmiah786]

Hi guys.

 

I have a default placed on my credit file by T-Mobile.

Upon making a SAR request they say I have 2 accounts with them and for one account theycannot locate any details.

In regards to requesting the contract, their response was as follws:

 

"No signed contract can be supplied as you connected with us directand a copy of our terms & conditions and a distance selling regulationletter were sent with your phone. This gave you seven working days to returnthe equipment to us if you were unhappy with anything

Our terms & conditions advise that we do not need to provide youwith the documentation you have requested"

 

"the service agreement you entered into with T-Mobile is regardedas exempt under the provisions of the CCA 1974 and as such we are not requiredto file a default notice prior to termination of the service agreement"

 

Any advice onhow to proceed to challenge the default or how to get it removed would be verymuch

appreciated.

[dx100uk]

what is the default date from the debt summary

 

dx

[kmiah786]

Hello DX,

 

Thank you very much for your response.

 

The date of the default 10/06/2009.

[dx100uk]

ok so years to go yet till it drops off on the 6yrs rule.

 

they are correct that they don't have to respond to the cca request , its not a credit agreement.

in the comms log of the SAr

 

is there a note that says the default notice was sent.

 

it is VERY wrong

that a 'gadget' debt, ruins someone's future life in terms of a mortgage

 

the industry really need s to do something about this

 

we get several threads a week on this same issue

 

life

[kmiah786]

They did not say that a default notice was sent.

In the bundle, there was no copies of outstanding or paid bills, no copies of any reminders sent or and records of my personal information, only my name and address.

[dx100uk]

send the failure to comply letter

 

specifically mention you require the information, like record of default notice being sent

and all other info needed for them to justify the default marker

 

and if they cannot do so

they are to remove the default forthwith.

 

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

obv adapt the letter to reflect the failure of the sar ifo

 

and also mention you will have no hesitation in involving the ICO to get it removed if they fail etc etc

 

this is a default and not a 'marker'?

 

 

dx

[kmiah786]

sorry but whats the difference between a default and a marker?

[dx100uk]

try this:

 

have you got 1,2,3,4 up to 6 then an '8' in the summary [or whatever the cra has use to denote several months of an outstanding balance?]

 

there are 'markers' that escalate to a 'default' by the CRA company

 

or there are DN's default notices that the OCsend to you

giving 14 days to rectify before the default is placed on the cra file.

 

have you actual evidence that TM actually defaulted you, or just marked the file

till the automatic cra system record the account as 'default'

 

you say have a defaulted date in the debt summary

that USUALLY indicates it was by DN from the OC.

[kmiah786]

Nothing mentioning any debt, default or outstanding bills was recieved within the SAR recieved.

I came to know of the default when I looked at my credit file.

 

The credit file marks the defaukt as follows:

 

0 U 1 2 3 4 5 (8)

 

Last updated: 07/06/2009

Account start date: 11/10/2008

Default date: 10/06/2009

[dx100uk]

ok so it looks lke all they have done is to continually report the outstanding balance

after 6mts of that it gets marked as '8' by the cra system and the status is changed to 'default'

no further updating is then allowed.

 

so that's the info you need from the OC that they've not supplied in the SAR

 

dx

[kmiah786]

I will send the letter and see what response I get. Thanks you very much.

[fkofilee]

Good luck with this one... T-mobile are a pain in the arse...

I made a complaint with them the other day and their advisor just laughed at me :/ meh

 

I have recently been through what they have thrown at you, stick them with a SARS request instead, ask them for all the letters and also all notes ever left on the account.

[kmiah786]

Thanks.

Do let me know how you get on.