I'm surprised no-one has come up with any suggestions, given that there are so many people on this site who know their stuff regarding claiming money back from big companies.

Have there been any developments since your last post?

Regards

Jeff

They may have offered the refund because you are entitled to receive copies of the recordings of all your calls for a small fee, so you could have proved your case easily.

The advantage of emailing Mr Dunstone is that if someone is telling porkies regularly, then they hopefully won't last long at the company. When I was there, one guy was suspended because several customers emailed him to say that this guy had lied.

Regards

Jeff

Funny, when I got my response from the customer services team the email said that there was a 'misunderstanding' with the Manager that I caught out. They didn't answer any of my questions I raised about his behaviour, and skipped over the mis selling of the contract, apart from to say "you got what you were entitled to". If this is the case, why are they refunding me? Because they like me? (after the abuse I gave them, I would hardly think so). Honestly, I don't know what planet these people are on, I can smell the bull**** over the Irish Sea.

 

I have been in touch with Mr Dunstone's office. I originally would have been happy with a cheque, but after the abuse I got, I am pushing things further. May not get anywhere, but may ruffle a few feathers!

I used to work for the loyalty department.

In my opinion, the big problem with the loyalty department is (at least when I worked at CPW) that it is about both sales and customer service. The longer an advisor spends dealing with customer service issues, the fewer calls they will be able to take from customers who want to upgrade. As a result, they often wouldn't take the time to properly deal with the customers' problems.

BTW, a tip for anyone renewing their CPW contract with the loyalty department: don't take their first or second offer, as it is unlikely to be their best deal. And I would ring up saying I want to cancel, not that I want to upgrade- the more they think you want an upgrade, the worse the package is that they are likely to offer you.

Jeff

 

I speak to TMobile Loyalty department on a regular basis and they are constantly saying that CPW employees give misleading info.

 

Would like to ask them what there definition of "Unbiased advice" is.

 

When I was at Carphone Warehouse, telephone advisors were instructed by senior management not to offer to listen in to calls when customers claimed they had been lied to. It was felt that it was better to assume that the advisor who had made the alleged claim was telling the truth.

The manager in question may not have been keen for the call to be listened into, as he would have had to have listened to it himself. That is, of course, unless he accidentally forgets to do so... I often took calls from frustrated customers who were promised a call from a manager within 24 hours, but days later no-one had got back to them.

In my department, every time a customer phoned, it was the responsibility of the person the customer spoke to to deal with them, regardless of who they had dealt with previously. Some cynics might argue that this encourages staff to spend more time making sales and less time dealing with customer service queries. When the customer rings back to kick off, it won't be their problem...

By the way, to the best of my knowledge, if you can supply the phone number you called in from, then CPW should have recordings of all your calls.

I would drop an email to Charles Dunstone, the CEO. His email address is c.dunstone@cpwplc.co.uk. He does read his own emails, and an email to a senior manager from his office does focus minds...

Jeff

I've just had an interesting conversation with the Carphone Warehouse Customer Service Manager. I finally managed to get speaking to him after ringing up in a rage and refusing to get off the phone until I got someone. After relaying (again) what had happened, he assured me it was being dealt with, I replied that in all due respect, I had been hearing that for 2 months. He then informed me that "you got the contract you agreed to" I challenged him on this, and he said that “It didn’t specify details in the call recording” when in fact I was informed by Carphone Warehouse previously that they couldn’t trace the call recording! When I challenged him about this fact, he went silent for as he realised he was caught out on a blatant lie. I also questioned him as to why he was trying to tell me what was said in telephone conversations when he wasn’t involved and didn’t know what was said. What a plonker! The fact that I have caught out the Customer Care Manager like that just proves how I have been fobbed off for the past 2 months about this matter. Lets face it, if he can lie, I think this is proof of the general attitude of the staff. I have taken the time of the telephone conversation and will be reporting this to the owner to try and track down.

So far I have tried requesting CCA from T-Mobile, they have replied stating they do not have to supply this.

Forgive me, but I am not sure what you mean by this. Have you asked them for all information they hold on you under the Data Protection Act? Or have you asked them to supply the letter they wrote to you regarding your default, as one is required under the Consumer Credit Act (which doesn't cover phone companies, unfortunately)?

Regards

Jeff

The cost does indeed depend on how many calls you would have made. However, unless you make no calls and send no texts (which would beg the question of what you are doing on a monthy contract), there is clearly a saving for T-Mobile.

I wasn't aware that T-Mobile make money from O2 every time someone rings a number that has been disconnected; I learn something new every day.

Jeff

No, the true cost to T-Mobile is the monthly subscription you would have paid to them. What is the "cost" of your inclusive texts and calls to T-Mobile? It very much depends on how much of your allowance you use, and what networks they are send to. Not to mention, the actual cost of the usage to T-Mobile is clearly much less than the advertised rate they charge subscribers.

 

Also, if people were to phone you during the remaining period, T-Mobile would be making money by charging their network for the privilege of terminating the call. So you're depriving them of further revenue opportunities.

 

I think your arguments are pretty spurious.

I did not set out to mess anyone around. Like many people on this site, I was unfortunate enough to go through a period of financial difficulty. It is better for all parties if phone companies can try to find a win-win solution, and to be friendly (and, where required, firm), rather than adopting a bombastic, unhelpful and inflexible approach. In my case, I was cut off just before Christmas, so maybe the firm could have thought 'Maybe, like lots of people in this country, this guy's a bit short of cash at this time of year, so we'll give him the opportunity to catch up in January'.

I'm sorry you find my arguments spurious; I will endeavour to put more thought into my posts in future.

Jeff

All networks are like that though, to be honest. If you mess them around by not fulfilling your obligations, I can't see why you expect them to be friendly.

Surely the true cost to T Mobile is the monthly subscription you would have paid them had you continued your service for the remaining 12 months, minus the cost to T Mobile of your inclusive texts and calls.

BTW, T Mobile are b******s when it comes to cutting you off. They cut me off without so much as a warning, and it was not possible for me to call even them from my phone. So I had to spend loads of money on a public pay phone trying to get an arrogant and self-righteous 'customer service' representative to sort the matter out (and as I recall the store were about as useful as a chocolate fireguard...)

Jeff

I very much doubt it. When they signed up, they agreed to a minimum term in their contract, which is not unfair - they were given perks for doing so (most likely a subsidised handset, and you generally get a more attractive plan with more free minutes etc the longer your contract term), it would have been clearly articulated to them, etc.

Thanks for your replies.

I am still waiting for my Subject Access Request to be processed (and I have a feeling I will continue waiting for some time!). However, if what they send me contains extremely limited information, then could I not argue that the information they have provided the CRA is unreliable as it cannot be corroborated, and that it therefore it must be removed from my record?

Regards

Jeff

I agree with your sentiment, but not the real world interpretation of how it works. For something as mundane as not complying with a S.A.R - (Subject Access Request) application, they get a reprimand, nothing more serious. In any event, I'm unclear as to the main thrust of your angst. Not getting the information your requested (and paid for?) is one thing, but this is not going to remove a default legitimately placed on the account. Since the default remains for six years, even if it is paid off - I fail to see what benefit you'll obtain from the route you've outlined.

Thanks for your comments guys.

You may be right about me putting this thread in the wrong place. I started this thread here because I was hoping that someone who worked for a bank might say 'Well, actually the bank I work for, Bank X, is often willing to lend to people with defaults providing they have been paid off and are not recent'.

Does anyone know of any lenders (apart from companies whose APR for people with defaults is extortionate), that are willing to lend to people with defaults?

Jeff

ps think you have started a thread in the wrong place:eek:

A couple of months ago, I phoned T Mobile and paid off the oustanding amount on my default. Unfortunately, they were unable to send me a letter confirming this transaction, due to computer problems. I then contacted Experian, and asked them to amend my credit file accordingly.

Experian contacted T Mobile, who eventually told them that I still had money owing on my account. I phoned T Mobile's customer services, but they said that all that was coming up on the screen was my name and address. They could not explain this, and suggested I write in. I then wrote to T Mobile, and their finance department said I have £30 outstanding.

Given that Customer Services were unable to retrieve information relating to my account, this suggests that some data corruption may have taken place in respect of my account. Would the Information Commissioner therefore be willing to instruct that all information relating to my T Mobile account be removed from the Credit Reference Agency records, as its accuracy is questionable?

Regards

Jeff

I don't know about MAC codes, but with PAC codes the Carphone Warehouse requires you to write in (in writing, not by email) for the PAC code. And if they don't have any record of receiving your letter, they assume you haven't sent it (unless you sent it recorded delivery). I used to work at the Carphone Warehouse, and I got the impression that getting a PAC code was often more painful and time consuming than having dental work done! This is something that the salespeople in the shop for some reason don't tell customers about...

I would drop an email to the CEO, Charles Dunstone, at c.dunstone@cpwplc.com. I once wrote to him about a fairly minor problem, and he referred it to a manager just below director level to sort it out.

Regards

Jeff

Hiya everone,

 

Wondering if you can help me, My dad is having one hell of a nightmare with Talk Talk at the moment. After numerous calls to them and waiting upto 48hours for calls to sort out his broadband for the past three weeks still in square one Yesterday he was told that they would send out an engineer in the next 48 hours (im seeing a pattern here). Nothing has happend yet.

 

So anyway after all this and much more that has been happening in the last month my dad wants his MAC code and rightly so.

 

Whats the procedure on this? Does he email them askin for his MAC along with the reasons why (talk talk not keeping to their side of the contract) is there a template letter on here I could use and modify to suit?

 

cheers guys for your help

Hang in there!

Barclays like to play a game of brinkmanship- they finally agreed to pay what I was asking for at about 3.30 pm the day before the case was due to go to trial!

Jeff

On a separate note, maybe that will push more people on the litigation path... I aked Barclays for a refund of £30, they said no, so I sued them for the lot, claim is standing at nearly 500 quid now...

I have a default that is about 3 years old. The amount of the default was £120. If I pay off the outstanding amount due, how much of an impediment will the default be to me in getting credit?

Thanks

Regards

Jeff

I have a default issued by T-Mobile on my credit file.

Does anyone have any advice on removing defaults issued by mobile phone companies? As they are not covered by the Consumer Credit Act, the default notice cannot be removed on the grounds that a default notice was not posted to me.

Does anyone have any success stories regarding getting defaults from telecomms companies removed?

Thanks in advance.

Regards

Jeff

Not being a bank, they are not covered by it (more's the pity)...

Regards

Jeff

their 5 days are now up. just goes to show they can't even comply to the banking code

Unfortunately this method won't work with T-Mobile, as they will say that they are not covered by the Consumer Credit Act (CCA).

IMHO, T-Mobile should not be allowed to register a default against someone unless they have followed the same procedures as the banks are obliged by the CCA to follow. AFAIK, a lender will look at a default from T-Mobile as being equally bad as one issued by Natwest, even though Natwest has to operate within strict parameters (whereas T-Mobile could tell Experian that you have defaulted if you are 1 day late with a payment, and there is nothing you can do about it). The two defaults are the same in name only...

Jeff

 

and also here for strategy on removing defaults:

 

Remove Default Notices on a Credit File - We show you how

 

Forget complaining - the regulators are sinking without trace, use the letters and strategies.

 

Z

I used to work at the Carphone Warehouse, and would often receive calls from parents whose children had run up big bills, and were not automatically prevented from going over a spend limit. AFAIK, there is a delay between you making calls and those calls being registered by the computer which stops you going over your limit. I think this is due to the fact that you are not connecting with O2 directly, but through the Carphone Warehouse, and the O2 computer does not communicate in real time with the Carphone Warehouse computer.

Jeff

An S.A.R - (Subject Access Request) should get you the information you want. Unfortunately its more than likely you'll be liable for the full charges.

 

Credit limits on mobile phones are tricky things, don't always kick in when they should and this is even more true when roaming as it can be some weeks or months before your UK provider is given the details of calls you've made.

 

If you think they may have made a mistake get an SAR and go through it. However unfortunately you will be more than likely liable for these calls.

What happened in the end?

Regards

Jeff

I used to work in the retentions department for Carphone Warehouse, which dealt with upgrades and cancellations.

Firstly, customers are not eligible mid-way through their O2 contracts for an upgrade. As I recall, the point at which you can be upgraded is month 10 for a 12 month contract, and month 14 for an 18 month contract. Secondly, the store should have put you on the phone to the retentions department in the first instance, so you could be offered the best O2 deals.

From what you have said, it sounds like the the guy in the store has pulled a fast one. If you phone up you will probably get passed from department to department, whilst listening to Calling the Instigator repeated endlessly (I am getting stressed out just thinking about it!), before eventually getting cut off 30 minutes later. Instead, I would send an email to Charles Dunstone, the Chief Executive. He does read his own emails (former colleagues and I have received personal replies from him), and he will make sure that the matter is investigated. His email address is c.dunstone@cpwplc.com.

Hope this helps.

Jeff

I had a phone purchased from carphone warehouse on contract with O2.

Half way through contract was invited by carphone W. to come and pick free upgrade handset. At the store guy i spoke to said I was on wrong tariff he looked at my bills and said i could save money if I changed. I took his advice got my new handset and was now on Contract with3G. I am now getting letters from debt agency for money owed to O2. I truly thought this was all sorted by carphone W. I have not made any calls on my O2 phone since I changed but they say this is line rental. I feel really conned because I was persuaded to change by Carphone W. Is there anything I can do

Thanks.

Could I use the N1 to simultaneously apply for the removal of a default and to seek damages for the distress that the default has caused? For a start, this would mean that I would AFAIK not need to pay £150, and it would also mean I could submit the claim by Moneyclaim, affording added convenience.

Regards

Jeff

Thanks.

£150 is alot of money to hand over, but if it gets rid of my default, then it will be worth it. If the N1 form guaranteed to force the removal of the default?

Jeff

Thanks.

I have no monies to recover from a bank, but merely want my default to be removed. How do I set the legal wheels in motion, if my letters asking for the default to be removed are ignored?

Jeff

There seems to be some confusion as to whether you use the N1 form to ask a court to remove a default, or whether it is only used for reclaiming monies owed.

Is the N1 the correct form? If not, which form to you use?

Also, has anyone had any success in getting defaults removed by the Courts, or by issuing Court proceedings?

IMHO there should be a FAQ on how to get defaults removed in the sticky area of the default section, particularly as it seems banks often refuse to budge when presented with standard letters.

Thanks in advance.

Jeff

ok you need to understand something fairly crucial but sometimes it's difficult for people to get their heads around.

 

There are 2 types of default.

 

1) as defined by the Consumer Credit Act. This is a sheet of paper that must contain certain pieces of information before any creditor can take further action to recover a debt such as pass it to a DCA or similar. Other than the aggro of falling behind with payments/debts and being passed into the murky wolrd of DCAs there is no automatic link to 'defaults' on your credit reference file which currently hurt you for 6 years regardless of wether you settle the debt or not.

 

2) Defaults as defined by Credit Reference Agencies are markers or flags on your credit file and can be placed there by creditors, lenders etc at will without recourse to any legislation whatsoever. It is merely their view that you have 'defaulted' on some credit account. They do not have to send you a piece of paper, they don't even have to tell you about it - they just have to take reasonable steps to ensure that it is accurate.

 

Now then - S.10(1) notices are to stop data processing where it causes substantial damage and distress and that it is unwarranted etc....

 

let's look at section 10 in more detail to understand exactly what it is you are trying to achieve.

 

 

 

ok? so - you have sent your notice. Under S.10(3) they have 21 days to either comply or give you justified reasons for not complying.

 

DO NOT CHASE THIS UP UNTIL THE 21 DAYS HAS EXPIRED.

 

after this period, simply exercise your right under S.10(4) and ask a court to order them to comply. They will have had their chance to explain why they haven't but it will be too late.

 

Make sure you can prove that a) the processing of data is causing you substantial harm (increased cost of credit etc.)

 

Good luck.

Interesting. What is the procedure for asking a court to remove a default?

Regards

Jeff