T-Mobile- Red Sigma- Wrongful CCJ/Default

[bubblegum31]

first off I will try and make this brief and to the point as I can.

 

I am feel very frustrated and desperate to resolve this and clear my credit file.

 

Back in 2009 I decided to change my phone to T-Mobile,

after a week I found I could not get a decent signal in the area so the phone was no use to me,

I rangT-Mobile, they said it was within the 14 days and was fine to return,

they sentme a return bag

I returned the phone to them and that was that……

…………..or so I thought!

 

Roll on to 2015.

 

I’m looking to get on the property ladder soon so having checked my credit file recently,

turns out I have had adefault AND worse still, a CCJ :-xplaced on my file from Red Sigma which who was sold the debt from T-Mobile,

The CCJ is dated 2013 and for the sum of just over £200.

 

After further investigation, and numerous calls to now EE as own T-Mobile.

T-Mobile confirmed to me after investigation that I never owed them a penny,

the debt was never a debt, and was indeed incorrect,

the debt should never have been passed on to a Debt agency.

I am absolutely disgusted that this has happened,

I moved address so didn’t receive any paperwork etc ..

 

 

thinking that finally now it will be sorted,

a few weeks have been passed

and to date no communication has been sent from T-Mobile to Red Sigma

( who I might add have been quite helpful in this matter),

they said they can’t start removing default/CCJ without any confirmation from T-Mobile.

 

I have tried to contact T-Mobile,

I have to go around the houses each time I call them,

get put through to different teams,

who I have to explain he whole story,

nobody will provide me with direct line even though I asked them to contact me, I am at my wits end.

 

I just wanted to know legally where I stand as this debt was made in error and now it’s had such an adverse effect to my credit rating,

last year I tried to buy a car and failed to get credit,

in the end I had to borrow from my family instead, and wished id looked at my credit report sooner.

 

I did read up on here that I should start recording conversations, so I will start doing that.

 

The main priority for me is to remove this from my credit report.

 

Any suggestions where I go from here?

 

Thanks in advance.

[AndyOrch]

Hi bubblegum

 

" T-Mobile confirmed to me after investigation that I never owed them a penny, the debt was never a debt, andwas indeed incorrect, the debt should never have been passed on to a Debt agency. I am absolutely disgusted that this has happened, I moved address so didn’t receive any paperwork etc .."

 

You have the above in writing...?

 

You did inform them of your change of address?

 

Regards

 

Andy

[bubblegum31]

Hi Andy, Not in writing no- this was done verbally,

I only spoke last week,

I have made notes on the call, and have logged the call,

taken the name etc of who I spoke to,

they now have my new address.

( I never thought I needed to update address in 2009 as never had an account no more with them).

 

I called them back again on Saturday and went through a couple of departments who were unhelpful

and wouldnt provide me a direct number as I wanted it in writing.

 

 

They said it was being dealth with and out of their hands was the phrase he used!

 

Regards

[SabreSheep]

if only you had read CAG customer service guide before you made that call.

[AndyOrch]

Given the age of the judgment...you have 2 options....

 

Either pay it off and get it marked as satisfied......or make application to set a side the judgment and re defend the claim. (this will cost nearly as much as just paying it off)

 

The fact that you dont have the above in writing is disappointing and the fact that you didn't advise change of address (given your reasons which is understandable) will go against you.

 

A claimant is allowed to serve a claim at the last known address......so the court will accept that.

 

Regards

Andy

[bubblegum31]

I feel frustrated as I dont want the debt satisfying I want it gond and removed as it was unlawfully put there so you can see my unwillingness to do this option.

I will record my next calls, just seems wrong that they can do this and now Im suffering with regards to my future etc...

If I can get them to admit wrongful doing, what action can I take then?

many thanks for your help on this matter.

Regards

[bubblegum31]

if only you had read CAG customer service guide before you made that call.

 

Yes, agreed.

[fkofilee]

Yes but cant the CCJ get anulled if it was granted in error?

[AndyOrch]

One option is to approach the Judgment claimant and inform them of this information that has come to light since discovery...state your intentions to set a side and try to seek their agreement to Consent......then the process of set a side if far simpler and cheaper (£55).

 

 

But this is Red Sigma so dont hold your breath.

[bubblegum31]

Red Sigma said they cant do anything until hear from tmobile.

If its set aside wont it still show on my credit report? I'm not sure? Id like it removed totally.

I will make further calls and be sending a formal letter of compliant to tmobile- hopefully they are going to resolve.

can i not take them to small claims if they dont do anything?

[AndyOrch]

Red Sigma said they cant do anything until hear from tmobile. Why ...I assume the debt was assigned and they are now the legal owner?

If its set aside wont it still show on my credit report? No I'm not sure? Id like it removed totally. The CCJ wont show and then neither will the default if you can prove the debt/data is invalid

I will make further calls and be sending a formal letter of compliant to tmobile- hopefully they are going to resolve. Pointless you have to take on Red Sigma...its their account their judgment

can i not take them to small claims if they dont do anything?

Possibly but try the above first.

 

Regards

 

Andy

[bubblegum31]

Thanks Andy,

watch this space , emails /calls being sent today.

Will provide an update on this saga!

[bubblegum31]

Ok, have an update on this and I have received an email from the Executive Office.

I sent an email to the Chief Exec last week, outlining all of my concerns, quoted date/time of my calls and them admitting liability etc etc..not heard anything so again rang and spent another 90 minutes speaking and getting frustrated to various department, you know the drill... it makes my head hurt!

"I am sorry if this matter has caused you any inconvenience. I haverequested that the account be repurchased from Lowell and have asked that theyremove any late payments/defaults they may have recorded against your creditfile. (Is Red sigma part of Lowell as my DCA was Red sigma?)

However, the repurchase can take up to 90 days to complete and I cannot haveany amendments made to your credit file (from EE's perspective) until theaccount is back with us. Therefore, I have set a follow up for 90 daystime to have your credit file amended.

 

I appreciate you wanted this completing within 14 days, unfortunately this isnot possible. I will ensure that the credit file is updated as soon as itis possible for us to do this."

 

Ok, so im glad they have at least acknowledged and corresponded, however 90 days!!!???

Surely this is not right as Im stuck with waiting potentially 3 months for this to be removed from my creidt file?

any thoughts??

Thanks