Jump to content


  • Tweets

  • Posts

    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

T-Mobile/Past due credit solutions


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3532 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi,

 

received a letter from Past Due Credit back in May asking to 'contact them regarding an important matter'

 

contact was made and

 

they then wrote back a few weeks after to say they had closed the case and no one would contact me further.

 

This morning I received another letter from Past Due, claiming the account was back open

and to pay the amount by the end of July,

 

que a phone call to a rude advisor and then a manager,

who had said that t-mobile by now would have no record of me

(the phone contact in question is at least 6 years old)

 

I checked with the CRA where a default has literally been listed in the last few days

(I check my credit on a regular basis due to having issues like this in the past)

where the defaulted account is listed as 10/2/2009 but at my last address, which I didn't move to until 2010.

 

I can't ever recall having a default notice sent from t-mobile at all, from that time period.

 

I spoke t-mobile who gave me a number for sigma, who past due are working on behalf of.

I'm not entirely sure what to do as I am certain I closed the account down

but since having no correspondence with t-mobile since the account

I'm shocked to have even received this letter, especially as they closed the case to start with!

 

I know I should send t-mobile a SAR

- but I'm also confused why the default date has an address I wasn't living at (does this matter?)

 

I know the default only has 7 months until it comes off my credit file so is it worth chasing or leaving?

The last thing I want is a CCJ.

 

Thanks for any advice

Link to post
Share on other sites

Hello & welcome, firstly STAY OFF THE PHONE!!!

 

You may well be best sending TM a SAR and find out exactly when they defaulted you, as for the marker recently appearing on your file, IMO you should place a notice of correction

on their immediately, then lodge a formal complaint with the clown outfit pastdue that the information they

are placing on your file is incorrect and vexatious, as such should they fail to remove it you will seek legal remedy and sue them for damages (defamation).

 

Stay OFF the phone!

Stay OFF the phone!

Stay OFF the phone!

 

This may very well be SB, can you remember exactly when you defaulted and last paid anything?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Hi,

 

Thanks for replying. I can't honestly remember the last time I had anything to do with T-mobile - I moved across the country in 2010 but after speaking to family I was living at previously they don't recall any letters from t-mobile so I assumed it was closed as I intended. I check my credit all the time so not sure why it's suddenly popped up.

 

I also have a contract with Orange/EE so surely if I had been owing money I would have failed a CC?

 

thanks

Link to post
Share on other sites

I also have a contract with Orange/EE so surely if I had been owing money I would have failed a CC?

 

Not necessarily, O2 allege I owe them £10, but I've managed to renew my contract with them twice now??

 

If the default is notplaced within six months of the account being in default then it is erroneous and needs to be removed.

 

On your file it should have a series late payment markers before a default marker is placed, if this hasn't happened then you really do need to

get onto them and exhaust their complaints procedure so you can escalate this sooner rather than later, a defamation case against them could be a nive four figure sum in your pocket if they fail to remove the inaccurate data..

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

That's what I thought - I have a previous HSBC which has a default on it but that was there from word dot.

 

How will I know re the late payment markers? Sorry to sound a little stupid on the matter!

Link to post
Share on other sites

Just checked my own crf with noddle, and it shows a number on the corresponding month for late payments, so,

Jan 1, Feb 2, Mar 3, Apr 4, May 5, Jun 6, Jul D, Aug D, Sep D...... and so on, so something similar to that...

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Yes, send it to Pastdue, to their data controller at their registered address (head office) get 'proof of posting' which is free from the PO counter.

 

There is also an email address they have for complaints, send them an exact copy of your written complaint also.

[email protected]

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Brilliant. I saw on the ICO website that a default is normally placed after 6 months of late payment arrears, which is what you said.

 

Is there anything I need to say specifically (in terms of quoting things!) so that they will understand, or is it literally 'I am complaining that you have listed this default incorrectly as it has been 5 years since the account was in default and a default is supposed to be listed within 6 months of it defaulting. You have also listed all information incorrect, by listing no late payment information and only placing the account in default is incorrect'

 

Again, thanks for your help. I'd like to get it solved properly and kick them right in the ass.

Link to post
Share on other sites

Brilliant. I saw on the ICO website that a default is normally placed after 6 months of late payment arrears, which is what you said.

 

Is there anything I need to say specifically (in terms of quoting things!) so that they will understand, or is it literally 'I am complaining that you have listed this default incorrectly as it has been 5 years since the account was in default and a default is supposed to be listed within 6 months of it defaulting. You have also listed all information incorrect, by listing no late payment information and only placing the account in default is incorrect'

 

Again, thanks for your help. I'd like to get it solved properly and kick them right in the ass.

I think you have been reading some out of date ICO documents, the ICO has changed its view as to how and when defaults are placed and how delinquent accounts are reported to the credit agencies.

 

 

When you say that " it is 5 years since the account was in default" what exactly do you mean, did you receive a demand for payment 5 years ago? Did you enter into a repayment plan then?

 

 

This being a "service " contract Not a credit account No default notice is necessary.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

I think you have been reading some out of date ICO documents, the ICO has changed its view as to how and when defaults are placed and how delinquent accounts are reported to the credit agencies.

 

 

 

When you say that " it is 5 years since the account was in default" what exactly do you mean, did you receive a demand for payment 5 years ago? Did you enter into a repayment plan then?

 

 

This being a "service " contract Not a credit account No default notice is necessary.

 

There was never a repayment plan or demand for payment until a month or two ago. The documents I read were dated jan 2014

Link to post
Share on other sites

There was never a repayment plan or demand for payment until a month or two ago. The documents I read were dated jan 2014

 

 

The necessity to place a default within 6 months is no longer relevant, some accounts may be left as being reported as x months in arrears without a default being placed.

 

 

Please give some history of this service contract, how has this situation arisen.

 

 

Can you post up a screen shot of your CRA file (suitably redacted) please.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

I posted the situation at the start of the thread - I had a letter re a t mobile account ( the last I had to do with t mobile was years ago, at least 5-6 before I moved cross country) and then in may I had a letter from past due re an account. I closed the account after moving to O2 having assumed it was closed properly. I have not heard anything since then. (5years if not more)

 

Long story short they said basically the case was closed - fast forward 2 months and another letter has arrived. This has never been on my credit file for the past at least 18 months where I have been checking my credit due to mortgage applications after I recieved the letter from past due I checked my credit and was shocked to find a default on there. There has never been a letter asking for payment, this is the first time I even knew there was a possibly outstanding balance.

 

The credit file says it defaulted 10/2/09 and the account was opened less than a year before. It states an address I lived at 2010-2013 and it has no late payment arrears only defaults from the dates listed on noddle.

Link to post
Share on other sites

I posted the situation at the start of the thread - I had a letter re a t mobile account ( the last I had to do with t mobile was years ago, at least 5-6 before I moved cross country) and then in may I had a letter from past due re an account. I closed the account after moving to O2 having assumed it was closed properly. I have not heard anything since then. (5years if not more)

 

Long story short they said basically the case was closed - fast forward 2 months and another letter has arrived. This has never been on my credit file for the past at least 18 months where I have been checking my credit due to mortgage applications after I recieved the letter from past due I checked my credit and was shocked to find a default on there. There has never been a letter asking for payment, this is the first time I even knew there was a possibly outstanding balance.

 

The credit file says it defaulted 10/2/09 and the account was opened less than a year before. It states an address I lived at 2010-2013 and it has no late payment arrears only defaults from the dates listed on noddle.

 

 

 

Good morning,

Looking at the information you have given I think the debt has arisen because of a final bill remaining unpaid after you moved from your original address (a common problem with Mobile accounts).

 

 

For a start place a notice of dispute/correction on the CRA files, then send a "prove it letter" to DD (template in CAG library).

 

 

You will need also to contact T Mobile as it is they who would have defaulted the account prior to selling the debt on, there is no harm at this stage in contacting them by phone to find out exactly what has happened.

 

 

It does appear that the default was properly placed if this is a "final bill" situation (some mobile providers do not always report accounts to the CRAs) but a DCA/Debt Purchaser will do so when it begins the collection process.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...