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    • Hi, Halifax recently sold a credit card account of mine to Cabot. I am unemployed and have no assets and was thinking of making token £1 payments for 12-18 months in order to drag things out a bit and reduce the chance of Cabot being able to get the correct CCA documents from Halifax if I requested them in future. However, I saw on the pages on this forum about defending county court claims that one of the standard approaches when defending such claims is to say “I had an account with bank X, but I don’t remember the details and so don’t know if I owe this debt…”. If I made £1 payments to Cabot, would it prevent me from using such a defence in future? OC: Halifax DC: Cabot/Wescot Card account opened: 2016 Defaulted: 2023
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    • Hi, This may be the wrong place for a thread BUT If you receive a defence, can you send a CPR 31.14 request for document mentioned in the defence, and then apply to proceed with the case only after (14) days passed or they respond OR is it only if you receive a claim I see @dx100uk thread is for when you receive a claim, but can you also do the same when you receive a defence?
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T Mobile Problem


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I'm looking for some advice regarding an issue I'm having with T Mobile.

 

I had a contract for nearly two years (mobile phone & mobile internet). I wrote to T-Mobile in July 2013 asking to cancel my contract, forward me a final bill and give me the PUK code so I can transfer my number. About a week after I sent them a letter to cancel I cancelled the direct debit. The only response regarding the account was in August when I received a letter from a Debt Collection Agency trying to claim a lot more than what the final bill should have been.

 

In August 2013 I wrote another letter to T-Mobile requesting that my contract is cancelled, no response but the letter was sent by Recorded Delivery and they did sign for it. I wrote another letter in September 2013 requesting that my contract is cancelled and I also requested a copy of their complaints procedure. This letter was also sent by Recorded Delivery, they signed for it but still no response. I also sent an email and letter to the CEO but they didn't reply either.

 

It is now December, five months after I originally requested my contract to be cancelled and for T-Mobile to send me a final bill.

 

This morning I received a letter from Buchanan Clark and Wells regarding this account, they claim it is the second letter they've sent me but it's not, it's the first. The letter is a "Notice of Intended Visit" and the wording would suggest that they intend to visit regardless of whether a debtor agrees to a visit or not (surely these type of threatening letters should be banned). The letter also had a balance which is about five times more than I believe is actually owed.

 

I personally have no problems with a visit but the address isn't mine, it's a relatives, I'm only using it as a mail address as I'm currently sofa surfing.

 

I checked my Credit Report this morning with all Credit Reference Agencies to find that T Mobile is now updating my file on a monthly basis as 'Payment Late' when the contract should have been cancelled and settled by now. They haven't yet registered a Default. My credit history is poor but I'm trying to clean it up and I really don't want another default so would like this sorted out sooner rather than later. I'll be looking for permanent housing after the New Year so would like as clean a Credit File as possible.

 

I've made several attempts to contact them and can prove my attempts to contact them but feel like they are making no attempt to respond to my letters. Very poor customer service from them.

 

I'm really not sure what to do now regarding this account or if there's much I can do.

Edited by WhatALife
spelling mistake

Have £20k+ in debt, seriously want to be debt free, currently in temporary accomodation and having business problems.

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Hi

Unfortunately you will have to follow a protocol before you can take this to the Ombudsman.

 

You need to write a formal complaint to T-mobile at their registered office. They have 56 days to respond and if after that they fail or refuse to deal with the complaint, then you can go further.

 

You could try this

 

[email protected]

 

See if the boss can help.

 

As for BCW you can either ignore them for now or send them a prove it letter (in the library)

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Did you check whether your contract permits early termination? If not, did you inform them of special circumstances for your leaving? Failing such, it is unlikely that they would need to agree and you can't assume, just because you've asked them, they have done so.

Your contract would appear to have continued and hence the inflated bill from BCW.

Don't worry about their letter. Both the implication of previous correspondence (when none existed) and threat to visit are standard fare from DCAs. Personally I would ignore for now. But they will almost certainly write again, probably threatening to execute you. I'd ignore that too.

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  • 2 weeks later...
Hi

Unfortunately you will have to follow a protocol before you can take this to the Ombudsman.

 

You need to write a formal complaint to T-mobile at their registered office. They have 56 days to respond and if after that they fail or refuse to deal with the complaint, then you can go further.

 

You could try this

 

[email protected]

 

See if the boss can help.

 

As for BCW you can either ignore them for now or send them a prove it letter (in the library)

 

Hi, I sent an email to the CEO on 9th November but haven't received any reply. I also sent a letter to them by Recorded Delivery which was signed for on 12th November but have yet to receive a response. All but one of the letters I sent were Recorded and signed for by them but none were ever replied to.

 

I've wrote another letter and have wrote a formal complaint which I'll post to them by Recorded Delivery on Monday. I also sent another email to the CEO today.

Have £20k+ in debt, seriously want to be debt free, currently in temporary accomodation and having business problems.

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Did you check whether your contract permits early termination? If not, did you inform them of special circumstances for your leaving? Failing such, it is unlikely that they would need to agree and you can't assume, just because you've asked them, they have done so.

Your contract would appear to have continued and hence the inflated bill from BCW.

Don't worry about their letter. Both the implication of previous correspondence (when none existed) and threat to visit are standard fare from DCAs. Personally I would ignore for now. But they will almost certainly write again, probably threatening to execute you. I'd ignore that too.

 

Hi the contract permits termination with some fees. I have copied this from the Terms & Conditions that came with the contract:

 

"Terminating this Agreement. You can phone or write to us and give 30 days notice to terminate this entire Agreement with effect from the end of

(or after) the Minimum Term. You may have to pay a Cancellation Charge, totalling the rest of the Monthly Charges for the remainder of the Minimum Term, less 4%. (See points 7.2 and 7.3 of these terms and conditions.)"

 

The contract was for 18 months minimum term and I was with them for close to 27 months so I assume I was on a renewed contract.

 

The reasons I asked to have the contract terminated and a final bill forwarded to me is due to financial difficulties. I never once went into arrears with my mobile contract but my circumstances are changing (not for the better) and felt it would be better to cancel and settle what was left on the contract to stop going into further financial difficulties but I feel that it has not worked out this way.

Have £20k+ in debt, seriously want to be debt free, currently in temporary accomodation and having business problems.

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Had a very similar problem and the same headaches from T-Mobile.

 

I got rid of my debt collector for the T-Mobile bill at £400 for a terminated contract with a very simple letter,

I informed them the contract was terminated and I owed nothing and they and the silly threatening letters can go (FO)

I did actually write that in the letter I was so infuriated with T-mobile.

Not had another letter letter since from anyone regarding the matter, credit file still be trashed though but who really cares.

 

George

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  • 2 weeks later...

Just a quick update, T-Mobile have finally responded regarding this issue and I now have a final bill and PAC code on it's way.

 

They deny receiving any letter from me (I have proof they signed for the letters), but hopefully this will be the end of it.

 

Thank you all for the advice, I really appreciate it.

Have £20k+ in debt, seriously want to be debt free, currently in temporary accomodation and having business problems.

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