Help needed! Dallasg vs. T-Mobile Set Aside Default Notice

[dallasg]

Hi all!

 

This is an on-going case with T-Mobile, whom entered a default notice with the credit reference agencies (CRAs) against my name in September 2008. The account, I claim, was never formally in default as arrangements to pay were agreed - yet despite this, they entered the default with the CRAs whilst payments were ongoing.

 

I have since sent them several letters, and finally a SAR.

 

They responded with copies of bills from 2006-2009, yet were unable to provide:

 

- Original contract

- Original terms and conditions

- Any notices of assignment, or notices of default/late payments

- Any correspondence inbound/outbound for the duration to notify account was overdue.

 

I understand they are not regulated by the Consumer Credit Act, but there have been several references to their relationship with the FSA.

 

I wish to have this removed as my attempts with them have failed. Now, I want to take them through the county courts, but unsure whether a N244 is correct, as the default was never obtained through the courts.

 

I really would appreciate any advice to get started with this, beyond the steps I have taken already.

 

Thank you!!

[brokebutnotbeatn]

You were in default as you were not paying the contracted amount; you had entered an arrangement to pay (a lesser amount). They are perfectly correct to report your account in this way I'm afraid as the CRA should reflect the true way in which you manage your finances.

[dallasg]

For the avoidance of any doubt here, and due to the inability of T-Mobile to be able to produce our agreed, contractual terms and conditions, are you claiming that there are some sort of laws, precedents, or acts which might substantiate them, in being, "perfectly correct to report your account in this way".

 

A side note, its occurred to me that they placed the account into 'default' with the CRAs long after we had formally terminated our contractual agreements and obligations. So at the time when the contract was valid, and I had agreed to some 'terms and conditions' (I would love to know what they were), I was not in arrears of any sort. It was only having closed the account, that they chose this course of action.

 

Sorry- I'm not sure if that makes sense.

[The Mould]

For the avoidance of any doubt here, and due to the inability of T-Mobile to be able to produce our agreed, contractual terms and conditions, are you claiming that there are some sort of laws, precedents, or acts which might substantiate them, in being, "perfectly correct to report your account in this way".

 

A side note, its occurred to me that they placed the account into 'default' with the CRAs long after we had formally terminated our contractual agreements and obligations. So at the time when the contract was valid, and I had agreed to some 'terms and conditions' (I would love to know what they were), I was not in arrears of any sort. It was only having closed the account, that they chose this course of action.

 

Sorry- I'm not sure if that makes sense.

 

Good evening dallasg

 

Based upon your two postings here, it appears that promissory estoppel has arisen and thereby T-Mobile are estopped from entering any adverse data against your credit files. As you say, there was an agreement between yourself and T-Mobile, you honoured the same and performed your obligations under the said agreement, therefore, the default is unjust and defamatory and amounts to damage in itself.

 

Do you have a letters or copies of letters of correspodence exchanged with T-Mobile?

 

What action have you taken to try and resolve this matter with T-Mobile; i.e. have you sent any letters of complaints, if yes, are T-Mobile disregarding your geuine dispute?

 

Any further details on your case would be most helpful.

 

Kind regards

 

The Mould

[dallasg]

Hey The Mould!

 

Thank you for getting back to me! I've spent a little bit of time having a look at promissory estoppel and trying to get my head around it, but it does sound promising. Perhaps if we could talk about this a little bit more?

 

I do indeed have copies of your correspondence, but only from the period since when I sent my letters of complaint, and requests for them to help me out a little bit. Sadly, there are no letters relating to the agreements that were in place at the time of, or previous to their issue of the notice of defaulted account with the CRAs.

 

I have, to this point, sent them several (maybe seven) letters to a lady who answers email complaints addressed to Olaf Swantee (one of the big guys..). Each one of varied, and increased demand. Unfortunately, she has been reluctant to consider my complaints, or to provide me any answers to some of the most pertinent questions that I have that aim at establishing all the discrepancies at hand. She seems to rely upon the FSA rulings, and their responsibilities (making it sound almost legislated...) to act in a certain manner.

 

She has been mainly been most concerned at sending me a cheque for the credit of that i have had on the account for all of these years.

 

As I said, I was considering the possibility of taking this through the county courts, but I think it might be more appropriate to put a complaint through with the Information Commissioners Office first of all, and try to argue the harmful, defamatory and unwarranted nature of the default?

 

I've sent you a private message, would you mind taking a look at it?

 

Thanks,

 

dallasg

[dallasg]

Unfortuantely I can't send you that draft copy until my post count reaches 10!

[The Mould]

Dallasg

 

You will have a record of the payments made under the said agreement, did you pay by the above-stated cheques, it would appear so and there is the unequivocal evidence, further, oral agreements are legally binding upon the parties to such. The courts do not allow nor accept a Defence that denies a plea of promissory estoppel, there is no Defence to such equitable principles of law.

 

As to the Information Commissioners Office, that avenue may well drive you up the wall.

 

You can send a notice to the credit reference agencies stating the facts of this matter and demand that the false and defamatory default be removed forthwith, make sure that you print off a copy of your credit file report first for you to rely upon as evidence substantiating your claim (if you are forced to commence proceedings).

 

I will have a look at 221b Baker Street now (Code word for pm; keep that to yourself Watson:lol:)

 

Kind regards

 

The Mould

[brokebutnotbeatn]

You said you had an arrangement to pay. Therefore you presumably were paying off a bill at less than the contractual amount. You might subsequently be challenging your contract but I would still argue they have not reported the default incorrectly. That is what they will say to the CRA's. Good luck with your fight though.

[dallasg]

I'll keep you updated as I take this forward.

 

Thank you for the sentiment!

 

dallasg

[brokebutnotbeatn]

Please keep the thread updated with any developments because the outcome will be important for us to understand.