C.C.A question

[sampson80]

Hi all, great site!

Quick question. Are mobile phone contracts coved under the Consumer Credit Act 1974?

[sequenci]

Hi all, great site!

Quick question. Are mobile phone contracts coved under the Consumer Credit Act 1974?

 

i would imagine they are as they are providing credit.

[sampson80]

Thats what I thought but I have heard that it is not, just need a bit of clarifaction.

[sequenci]

Thats what I thought but I have heard that it is not, just need a bit of clarifaction.

 

which network are you on.

 

i used to work for vodafone and i'm sure they are cca regulated.

 

you can send off £1 asking for a copy of your agreement? it WILL tell you on there!

[sampson80]

3 Mobile! I'll try that too but I think the SAR request is my best option, I am going to dispute a default as they didn't send me a default notice!

[file_wizzard]

You will generally find that Mobile phone contracts are NOT governed by the CCA, just standard contract law.

 

If you read the T&C's of an average Mobile Phone contract it will merely state "Your Contract is to be interpreted in accordance with the Laws of England and Wales" .........It will therefore not be specificly regulated under the CCA.

 

This does not apply to all cases, but the 4 major networks all operated under this type of contract.

 

However your contract with the actual retailer / air time suppler may differ, best to check on an individual basis.

[MrMatteh]

Mobile Phone contracts are NOT under CCA - this is because theyre providing you with a 'service' on a monthly basis, and billing you on a monthly basis - it isnt an annual cost that is being debited from you monthly.

 

This is seen to be under 4 payments per year (obviously) so it not under the terms of CCA.

 

What is interesting though, is they are not seen as 'Credit' under CCA but how comes theyre allowed to report to Credit Reference Agencies?

 

Ive done alot of searching around for this file_wizzard, but unfortunately can never find the answer I need!

[bluemozzer]

Mobile Phone contracts are NOT under CCA - this is because theyre providing you with a 'service' on a monthly basis, and billing you on a monthly basis - it isnt an annual cost that is being debited from you monthly.

 

is this actually the case when you are generally tied into at least a 12 month contract

[dave]

Then it begs the question: why do they have privileged access to the credit reference registers?

 

I'm not being funny, but should they have?

[bluemozzer]

I can not agree more!!!!

 

There must be some avenue of recourse against them.. they must be accountable for information they provide to CRA's. Surely they are governed by some other regulations even if it isn't by the C.C.A.

It would all appear very maverick otherwise!!

 

I have found myself in a situation with O2.. i thought i had paid off an account with them a couple of years ago..didn't hear anything from them at all then i moved away.. checked my equifax file recently only to find a default registered against me with an oustanding amount. This was only registered in November last year after about 10 months of the file not being updated.

Obviously i didn't receive any default notice or any corespondance telling me there was an outstanding balance. i have raised a dispute with equifax, need to check experian though.

i have sent O2 a fax stating..

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account.

2. You must supply me with a signed true and certified copy of the original default notice

3. Any deed of assignment if the debt was sold on

 

i received a the following reply from them

 

Thank you for your fax dated 05/08/06, we how ever need to to clarify which information you require, if it is ALL information we hold on your file, we will be more then happy to do this with in the 28 days stated by law under the freedom to information act, though this would have a charge of £10.

 

secondly, the legislation your quoted sir does not apply to mobile company's as our credit is no fixed.

 

If you have an issue with a default on your account we do have an internal department which deals with these issues called insight. to contact them please write to

 

Credit management

02

suite k

Arlington business centre

Millshaw Park Lane

Leeds, LS11 0NE

 

[patdavies]

Well they certainly don't understand DPA and FoI legislation.

 

The FoI only applies to public bodies and cannot be used to obtain personal imformation.

 

The DPA is the legislation that references personal data.

[bluemozzer]

You will generally find that Mobile phone contracts are NOT governed by the CCA, just standard contract law.

 

If you read the T&C's of an average Mobile Phone contract it will merely state "Your Contract is to be interpreted in accordance with the Laws of England and Wales" .........It will therefore not be specificly regulated under the CCA.

 

This does not apply to all cases, but the 4 major networks all operated under this type of contract.

 

However your contract with the actual retailer / air time suppler may differ, best to check on an individual basis.

 

I have some queries on this matter..

 

1) it seems that mobile companies are not governed by the CCA just standard contract law. Surely there is some regulations/guidelines on how they input information on customers credit file.

 

2) I have read through all the T&C's i can find on o2 and nowhere does it mention any policy towards defaulted accounts.

 

3) Are mobile phone companies required by any legislation to supply a customer with a default notice before entering a default with the CRA's

 

4) This is just me being cynical but what stops a company manufacturing a signed and dated copy of a default notice when asked to supply one.

[Sem]

 

4) This is just me being cynical but what stops a company manufacturing a signed and dated copy of a default notice when asked to supply one.

 

i would also like to know

[patdavies]

1) Auditors

2) FSA

 

You would be amazed at how much 'hidden' data there is a a computer document (especially a Word document).

 

Yes, they may try it on occasionally, but if seriously challenged then forensic computing will reveal the exact dates and times.

 

This has caught my wife out before now. As a secretary, she dates letters for the day they are to be signed - which is usually a day later than current date - she uses this date in the file name. She once did a search using the document created date and was most surprised not to find her document - which had a created (hidden) date earlier than that in the letter or file name