T-mobile/EE Fraudulent contract - Ruined Credit file

[citizenI]

I have been a silent reader of CAG. I would appreciate any help with regard to a long running dispute that I have with EE/T-mobile . Sorry for the long story.

 

It started in Jan 2013, when I received text messages mentioning orders and delivery dates. I immediately called up T-mobile on their customer services number 150 to tell them that I had not placed any orders and to cancel those orders if they have been placed erroneously or by a fraudulent person. I was assured over the call that the orders were cancelled and to

return any phones that might get delivered to me.

 

I did not receive any deliveries from T-mobile/EE on the stated date or later. After a week I got the first bill for the fraudulently opened account. I again called up 150 and was put through to EE customer services. The customer executive on call stated that the orders were delivered to me and to return them in order to cancel the account. I told them that I had not received any delivery but have received the bill.

The EE Executive contacted UKMail and got the Passport ID from them that was taken during the delivery and mine and my family members passport numbers were confirmed to not match with what UKMail had given.

 

The handset charge for the EE account were charged on my existing T-mobile account and my bill for the month of Feb 2013 was £119.17 while my monthly plan charges were only £17.64. I refused to pay the charges for the EE account since I did not owe it. T-mobile/EE disconnected my network although I had paid all the monthly installments till date.

 

Now, EE/T-mobile have ruined my credit profile with default and late payments.

I have tried to resolve through compliant letters/emails and letter to CEO. I have put off the DCA telling them about the fraud and intention of court action. The CAB werent of much use. I have written to BBC watchdog. I spoke to OFCOM and action fraud police and have their references. Also spoke with consumer advice on whose advice I sent a pre-action court letter in April. But havent got hold of any solicitor who deals with such cases.

 

I have been trying hard to find a solicitor who woud help me with the case. The amount that EE say am due now is £1600 pounds. I contacted moneyclaims4u and was told that I cannot go to small claims ourt because I have not suffered any monetary loss.

 

Should I request a SAR?? The delivery ID's were cross checked on the call. So if I get a transcript of the call, I might get some kind of a proof against T-mobile/EE.What should I do? Please help .

 

Thank you

CitizenI

[renegadeimp]

What did action fraud say? Also do not talk to the complai ts department. Get a full complaint in addressed to their compliance manager and data controller. If they do not remove it and you can prove that you were turned down for major credit such as a mortgage, you might be able to claim compensation.

[citizenI]

Thanks for the prompt reply renegadeimp.

 

Action fraud gave me a reference number. I had written letters to compliants manager and customer service manager, But not to compliance and data controller. I was turned down for a personal loan.

I disputed the incorrect information in my credit file with all the three CRA's. They got in contact with the credit referrel team of T-mobile/EE and came back stating that they cannot amend the information and EE claim that it is correct. Now, only a Notice of correction is added, which is not of any help.

 

is there any template that I could use to the data controller and compliance manager??

[citizenB]

I am advised that you can submit your own claim - but for damages , not monetary loss

[citizenI]

I dont have any proofs to show that it was not me who placed the orders and also was not delivered the phones. T-mobile simply used my personal details in opening the EE contract.

 

Do you think a SAR would help to collect some proofs for my claim?

 

Also the preaction court letter I sent was in April 2013. Since 3 months have passed so should I resend a preaction letter ??

 

Also has anybody used legal service provided in which.co.uk? Since I am not familiar with the legalities and terms of the court, I will need some help , if I start with the court proceedings.

 

Thanks for the responces CitizenB and renegadeimp.

 

Any advise would be much appreciated.

[renegadeimp]

Its up to them to prove it. Not you.

[dw190]

I would also make a comlaint to the Information Commissioners Office for processing inacurate data.

[Who Are They?]

The best way to deal with this is to contact CISAS. The service is entirely free to use and any decision is legally binding on T Mobile.

[EE Member London]

Hi track the reference on ukmail.com look at address and name of person that signed it id type . If this is does not contain your address call customer service file a fraudulent report . Call the police get them to deal with EE directly aswell . This has happened to many people dint worry your charges will be cleared .