T-Mobile trashing my credit file - LBA next action

[biggeorge]

Hi all, Long story short as I can:

 

New contract phone

 

7 months in and bills paid on time

 

but dispute over extra charges for non direct debit,

 

did write to them at least 7 times about these charges but Phone then put onto incoming calls only, on a Saturday morning of all days.

 

Had to make some calls that day so was upset to say the least, especially since the bill had been paid 7 days before.

 

Checked terms and conditions and legally terminated the contract.

 

Recently ordered a new contract HTC One and was network accepted but phone was in high demand

 

I cancelled that order after waiting 2 weeks and ordered straight from the same network who had stock, this was then refused.

 

Checked my equifax report and I now have 2 late payment markers from T-Mobile,

 

I have written to them (CEO) but have not received a reply

 

my next action is to take them to court to remove the late payment markers and pay compensation for the lost contract.

 

I have been through the terms and conditions and 100% positive my termination is legal

 

T-Mobile are now reporting on a terminated account with false information as I have never missed a bill payment with them.

 

I have proof of the loss of phone contract, email acceptance and then email proof of refusal from the same network a few weeks later.

 

Can anyone help me with the wording on the LETTER BEFORE ACTION as I am not letting them get away with this and will take them to court.

 

Have an LBA already written out so will just edit the personal stuff and post up if you can give me your advice over it.

 

Regards

 

George

[IdaInFife]

hi George,

 

yes post up your draft for us to have a gander

[biggeorge]

Here is my LBA for T-Mobile, still no reply from my previous letter to the CEO, Getting close to 14 days now.

 

http://www.marshall-hosting.co.uk/tmobile%20lba%20.pdf

[biggeorge]

Update, 29th May is T-Mobiles deadline for my LBA, Slightly different than in above link but same actions to put things right.

I did receive a call from EE customer something but they remain adamant that I owe them and my contract isn't cancelled.

 

As I see it ,

1: I legally terminated my contract after T-Mobile breached there own terms and condition by restricting my phone while in dispute.

2: T-Mobile continue to report late payment makers to CRA (If I was still in contract I would have paid on time as always)

3: I suffered a loss of a new contract phone, accepted by network but cancelled order after a 2 week wait for stock, I re-ordered direct

with same network who had stock but was refused, so far 2 late payment makers soon to be 3 on CRA files Experian.

 

Can anyone help me on writing out my POC as I am unsure on how to word it, short or fully explaining each part of the claim.

 

I want the late payment makers removed from the CRA (all 3)

I want acknowledgment that my T-Mobile contract is cancelled

I want compensation for the contract phone I lost out on due to the late payment markers

 

Anyone help

 

George

[jo5ephedward5]

Hi - Did you get anywhere with this?

 

Did you return the phone when you terminated the contract or was it sim only?

 

And I'm not one to play devils advocate but I thought their T&Cs usually state they charge an admin fee if you don't pay by DD (or is your case more complex?).

 

J

[biggeorge]

Nowhere as yet.

Never returned the phone since that was FREE when I took out the contract.

Was a little bit more complex than just the admin fee for none DD.

 

Currently with the ICO as they have failed on my SARS, Need some letters I sent them back with the

date received on them then I'm just going to take them to court.

 

Currently trashing my credit file but no more DCA been in touch asking for anything and just received £10

back from them, Must have been from my SARS and after ICO been in touch.

 

Will keep this updated as I will not let them get away with it until my credit file is cleared.

 

George

[jo5ephedward5]

Trouble is free phones aren't usually free - you're just spreading the cost across your contract period - as you didn't finish that period (for what ever reason) you'd surely still owe them for the phone?

 

You say you've terminated in accordance with their T&Cs - I don't think I've ever seen any terms that say I can cancel because I don't like the admin fee they charge for processing none automated payments - that's surely also in the T&Cs so how could you just stop paying that portion of the monthly bill?

[biggeorge]

The spreading the cost for the phone has only recently been brought in, 02 and others now provide the phone on

a credit agreement with a separate charge for the phone and the mobile service contract.

 

Was a little more complicated than how your wording it.

 

T-Mobile breached our agreement, I have proof just waiting to also prove that they were informed in writing.

 

Under the terms that were breached T-Mobile had the right to terminate the agreement without any notice,

since they T-Mobile breached our agreement I terminated the contract but gave them notice.

 

It did start out as clarification of the said none direct debit charges which in T-Mobiles own greedy way cost

them dearly and will be even more when I get them in court.

 

They claim I owe them £400 but so far no letters, DCA etc.. trying to chase this up because they T-Mobile know

I am correct and just been arses trashing my credit file as that is all they can do.

I would love them to try court where I can finally get this mess sorted out and make them pay for the 5 months of

trashing my credit file, loosing me a new contract phone and higher interest loans.

 

George

[jo5ephedward5]

I don't feel like we're getting the big picture here

- what did they actually do to breach the contract that meant you had a right to terminate without repercussions

- you say they restricted your phone but that sounds lose to me

- what does the clause say and what happened?

 

Also, rip-off or other wise the contract must have said there was a charge for non-direct debit payments,

by withholding that sum from your payments logic would say you were in breech first?

 

off the back of that you may have canceled everything but the fact is you will still owe them the manual payment fees that you refused to pay earlier

so to that logic they have every right to mark a late payment as you're not paying them, contract terminated or otherwise.

 

Also RE: the phone cost not being part of your monthly line rental

- I disagree

- I know o2 offer a tariff independent of the phone so you can upgrade when it suits you

- the purpose of this is obvious, it's also very transparent.

 

..have you wondered why the line rental charges for these contracts are a fraction of the ones that include the phones as 1 monthly payment?

 

If you have a standard tariff the cost of your handset becomes part of the line rental

- its not like t-mobile just give out £500 handsets for free,

this is also why 12 month contracts are cheaper than 24 month tariffs

- the uplift in cost covers the handset spread over a 1 or 2 year period.

 

Obviously I'm suggesting this is normally the case in my experience,

if your contract makes no reference to the handset and they have breached something then please disregard my comments.

I'd be interested to see how this all pans out.

 

Are you in the process of taking them to court?

[*RainbowTears*]

Totally in agreement with you jo5ephward!

 

Whilst I cant understand why you say T-Mobile breached the T&Cs etc & that you cancelled the Contract due to this! And that you kept your "free" phone.

 

I do know there is NO actual "free" phone with T-Mobile; yes you may get to pick a nice new shiny £500 phone on say a 18/24 mth contact. The cost of the phone is included & spread over your contracted terms.

 

It only becomes your very own once you have fulfilled & paid up your contractual obligations.

 

I am a long standing T-Mobile/EE customer & I have had quite a few "free" phones from them over the years. None off them were actually free in the sense that you mean as I had paid for them.

[locutus]

The handset is never a part of the contract. If it were, the contract would be a HP agreement and governed by the CCA. It is a free gift to entice you into a contract.

[jo5ephedward5]

Completely agree with that but it's usually tied up with a clause called something like an 'hardware agreement' that states they give you hard ware on condition of you maintaining a contract with them for a minimum period of time and if you don't adhere to this then you must return the hardware - which in this case the OP hasn't done.

 

It's really hard to constructively comment without having a copy of the OPs contract - specifically the clause which he feels they breached which lead to his right to terminate early.

 

J

[jo5ephedward5]

Just checked my brothers T-Mobile contract [albeit he took it out via Phones4u] and it says in the T&C :

 

"Unless we have specifically agreed to sell you a phone or laptop on a standalone basis we only agree to sell or supply a phone, USB modem or laptop (as appropriate) to you on the basis that you enter into an airtime agreement to connect the phone or USB modem we supply to an airtime provider for the specified minimum period on the particular network and tariff that is associated with the phone or USB modem. If there is a connection fee and/or a delivery charge, you must also pay that. The reason we insist on this is because mobile phones, USB modems and laptops can have a significant cost to us and we can only sell or supply a phone, USB modem or laptop either free or for a price far below what the item is worth (depending on the model or offer) if you also enter into such an airtime agreement. Your contract for airtime is not with us but is with a separate airtime provide.

 

If we deliver a phone USB modem or laptop (as appropriate) to you (other than on a standalone basis) and you do not enter into the associated airtime agreement or you cancel your agreement AND do not return the phone USB modem or laptop (as appropriate) to us (or where permitted under paragraph 10 do not enable us to collect it) we will charge you the retail price of the items delivered to you. Our price list is on available on request.

The goods we deliver to you become your responsibility once they are delivered to you."

 

 

I'm on o2 and I have a similarly worded section, as does my flat mate on Vodafone - its quite clear that even if you cancel the agreement you must return the phone.

[biggeorge]

Hi Guys,

 

It was under these clauses 4.4.5.0 / 4.4.5.1 / 4.4.5.2.

 

All these new terms and conditions now have something in them regarding the phone but since T-Mobile are not

arguing over the actual phone just the termination fee they have lost which is most likely the reason why they have not

took legal action.

 

I would be delighted if they took legal action as I could get this matter solved once and for all with a counter claim for

the ruining of my credit file, Loss of credit etc..

 

I have direct proof that they were informed under those clauses of what I would be paying and under those

clauses my services should not have been suspended.

If I failed under those clauses they can terminate without notice, So can I when they fail which is what I did.

 

Not too clued up on contract law but if one side has a right to terminate then so does the other which is what I did

and under those clauses that is without the termination charge which T-Mobile say I owe.

 

Have the matter in hand, Recorded Delivery receipts proving delivery and receipt, Just waiting for the ICO to

make them send the rest of my SARS, Mainly my letters I sent them as they will be dated when received.

 

George

 

P.S

 

So far I have only seen 02 with the new contracts for both the network and the phone, the phone now comes under the CCA

if you get it from 02.

Broken down in 2 parts, Network Tariff and phone cost so no free phones from 02.