3 mobile default have I got a case ?

[Drew 31]

Hi I am new to the site and just wanted some advice.

 

I had a 3 mobile contract which I ended 3 years ago at the end of an 18 month contract.

 

I ended it by calling up and telling them that I was leaving and the reason was that their service was poor due to poor signal and problems with voicemails.

 

I then cancelled my direct debit and thought nothing of it but

 

I have since found out that I have a default for £82 which lowell have taken over and I have since paid in full.

 

I emailed 3 complaints and have had many conversations with them but they will not remove the default.

They are saying that the default is a true reflection of the account and that it was not logged that I ever called up complaining.

 

I disputed this and asked for all itemized bills over the duration of the contract which I have since received.

 

After looking over them I have found 2 calls made to them to make a card payment but nothing to 3 customer services

although I could have called from a landline but I don't recall.

 

My point is that I had spoke to them but I don't think they logged the calls which is their mistake.

 

They say that they have no logged calls from me but I can prove I have rang up on 2 occasions

and that they never logged the calls which highlights that they can make mistakes.

 

I also do not remember getting a default notice from them as at the time I was working away

and the letters may not have been passed on to me by my mother.

 

The default that is on my account is now 3 years old and I would really like it removed.

 

"Deep Breath"

 

After looking through all the numerous bills I have noticed another massive mistake on their part,

they have sent me some other persons phone bill with all their details on as well as all the persons call logs etc which I find very naughty.

 

So the question is with the above information do I stand a chance of getting this thing removed ?

[Bazooka Boo]

Stay off the phone.

 

You would certainly have a cause to complain to the ICO for their data breach, you need to enter their laughable complaints procedure and inform them of their epic fail in sending you someone elses data, they will probably ask for it to be returned, but contact the ICO first.

 

As for the default on your file, does it say 'settled'?

[BRIGADIER2JCS]

The companys' error in sending you someone elses bill does not affect your bill or the quries on it.

The account is a service contract not a regulated credit agreement so DN is not needed.

I'm afraid this just goes to show that cancelletions by phone are not to be relied upon, many service agreements state cancellation in writting.

 

If you cancelled the DD before you received a final bill the default is correct.

Final Question, Answer No.

 

A plea for a gesture of '' good will'' might get the deafult marked satisfied but that's all.

[Drew 31]

They say that the default will be marked as settled in the next 30 days. If I can prove I made calls to them via landline and they did not log the call will this help or am I chasing shadows.

[BRIGADIER2JCS]

My guess is no, phone calls received/denied all too speculative.

[Drew 31]

I feel hard done by after paying all 18 monthly payments and suffering the poor service from 3 all I have to show is a default.

[BRIGADIER2JCS]

I feel hard done by after paying all 18 monthly payments and suffering the poor service from 3 all I have to show is a default.

 

I can understand that!! We all can fall foul of Ts&Cs especially in service agreements but the emphasis is always read what you are signing.

[Drew 31]

They say if I prove I complained about the service they will look in to removing it but I never put it in writing at the time so looks like I have no chance.

[BRIGADIER2JCS]

They say if I prove I complained about the service they will look in to removing it but I never put it in writing at the time so looks like I have no chance.

Yes you are correct.

[dx100uk]

sar them.

 

dx

[Durkin]

Hi Drew,

 

Your best hope would be to speak face to face to an authoritative person with the discretionary powers to remove the default.

 

They're being malicious if they don't, considering the damage the default can cause.

 

Good luck.

 

Richard.

[BRIGADIER2JCS]

That would be the Data Controller!