Lowell chasing old Tesco Mobile debt - **Resolved**

[BankFodder]

I'm only just starting to look at this so I'll give you a full reply later on – but they are mocking you with an offer of 50 quid. It's up to you of course if you are inclined to accept – but personally I think you can do a lot better.

[louisiana]

Really? That's interesting. Do you think I should say - Thanks and £100 will settle them account. Happy to push it if I can. 

*The not them 

[dx100uk]

we've seen figures of upto £1000 compo recommended by the FOS for like issues.

[BankFodder]

Having a quick look at this, it seems to me that £200 would be a reasonable settlement and that they would be pleased to pay to keep them out of court. You could even consider a bit more.

It says that you sent them an sar on 16 October. They have 30 days to respond with a disclosure and so far they haven't given you the disclosure. They are now asking you for further details of what you want.

If you sent a widely expressed SAR asking for everything – then they have no right to ask these questions and in fact they are delaying so that in the next few days they will be in breach of the SAR.

Furthermore, they say that they can only provide you with 12 months of data. You would want a reassurance that the 12 months of data is only available because anything earlier has been deleted or destroyed. They don't explain why they can only offer you 12 months of data. This seems rather extraordinary to me that they don't keep data for longer and you would want them to tell you the reason why going further back than 12 months is not possible. If they happen to tell you that it is a matter of policy then that would be a further breach.

You may be interested to know that Virgin Media recently told somebody else on this forum that they were only obliged to supply three months of data!

It's up to you if you want to take the 50 quid and leave it at that – but I think that £200 is a pretty easy win.

They have inaccurately processed your data and caused you damaged your credit reputation for a long time. You have no idea whether they still have the data. You can be pretty certain that the DCA will have your data on file and that it will stay there for much longer than 12 months. You say that you have checked your credit file – but does it refer to the debt and say that it is settled? Or have all traces of the issue completely disappeared from your credit file? You would insist on the latter.

Although it will take a threat of legal action against Tesco's to get this sorted out – and you might even have to issue the papers, there is no way that they would want to challenge this and so they would put their hands up and pay the money you are asking including your fees. Obviously there is a risk that they might want to take you into court, at the risk of this is negligible – and the chances of you losing are almost zero.

 

It would provide an interesting learning experience for you so that if you had this problem is again with anybody else in the future, you would have the confidence to go ahead and to deal with them head-on

[louisiana]

I'm going to send a letter saying I will not settle for less than £500, and add the points you have mentioned. I have nothing to lose after all. What's is the worst they can say - No jog on love? 

 

 

Thanks 

[BankFodder]

Please can you not start firing off letters until we know what you are doing.

You're quite right you have nothing to lose – but we can help you make an effective claim in a way that they will take seriously.

Please wait for our advice. You've come to us for help – so let's all do it together.

Please can you post up the text of the SAR which you sent – to begin with.

[louisiana]

Ok no problem, I'll sort it out a bit later if that is ok. Thank you for your time. 

[BankFodder]

I also think that as the substantive issue of their problem is solved, that it would be helpful to begin the next element of the issue on a new thread.

That will make it easier for others to follow. So if you wouldn't mind starting a new thread and giving a quick rundown of the problem and post up the letters that you have received on that new thread and we can go from there.

[louisiana]

I thought I had started a new thread. I thought I'd posted the link 

[BankFodder]

Yes you have now. It's fine