£50 TMobile debt becomes £398

[1970]

Hi, I had a balance of £50 on a T Mobile contract I came out of and never got round to paying it. It's been bounced around a number of debt companies and now they want £398.

 

When I set the account up, I worked for a mobile phone company and set it up myself. I know for a fact that there was no contract as I processed the order myself with using a contract document.

 

Is there a standard letter I can send to this lot to say "no contract - get lost" ???

 

Cheers,

 

1970.

[Hobbie]

1970,

 

No contract is required for communication services, first time using the phone service is entering into the contract. And as it is not regulated by the CCA, you can't request a copy of that either.

 

The £398 will most likely be the remainder of the contract be it 12 month/18month line rental.

 

You can try with a letter, but it won't really have any standing as you most likely used the phone even if it was just inserting the SIM and switching the phone on, you've connected to the network, so therefore the contract is established.

[1970]

Ok, I see your point. What about sharing my data? There is no DPA authorty from me.

 

Cheers,

1970.

[Hobbie]

Totally agree with you on that aspect, if you've not given consent for them to share your personal data with CRA's... BUT

 

If I or someone else who does not work in the industry, we are told a credit check would be usually carried out and may share the data for what ever reasons, since you done this yourself, I'm sure you agreed to the check and if no check was done then that wouldn't really have any cause not to share the data...

 

Don't think I'm not on your side, I'm just giving points what the network provider will come back with most likely, and if you did push for a contract, the network doesn't need to hold on to them, it is the dealer who is required to keep a copy, and of course a copy won't be available because you done it yourself, I've no idea of what company you worked for, but most companies have policies not to process your own personal data or access your own or families accounts... so you could open a big can of worms and cause more trouble for yourself.

[1970]

The company I worked for have gone bust.

[Curr946]

i used to work for tmobile and there have been cases like this before, edit as that's what you have committed by self certified yourself using the systems. All pay monthly phones are based on contracts and if you bent the system to suite and did't pay up them this will have been spotted when it went into the red, believe it or not but when accounts go into the red many are manually processed to recover the debit first and if your little breach was spotted that will be why they have hit you with the full contact term (that should have applied) as they will know if you let slip what you have done you could be facing legal charges in a court of law... pay up and let it be a lesson to you..

Edited August 27, 2008 by HSBCrusher
removed libellous comment

[1970]

Hi,

 

Thanks for your reply although very wrong on your part. If you have been involved in the industry long enough you will know that many of the large dealers work on a non contract basis in order to speed up the process. This is done on the basis that they accept a certain level of clawbacks as cost of sales.

 

They have thier own internal credit systems and proof of address processes so that they can make connections without the hassle of getting proofs from a customer or getting a signature on a document.

 

The responsibility has always been on the dealer which is why they are hit with a clawback when a contract goes wrong. In my case the clawback would not be relevant as the account was live for over 4 years and T-Mobile had enjoyed over £4500 in revenue from me.

 

I think you have missed the point big time.

 

There was a £50 balance outstanding which I did not get round to paying for my own reasons. I did not refuse to pay and would be happy to pay the £50 to resolve the matter.

 

The point made was on the part of the DC's who assume it is lawful to add £348.00 in charges to a £50 debt. The DC's have no right to my personal data nor do they have a legal right to impose unfair, disproportionate and unlawful penalties.

 

T-Mobile can have the £50 once the DC's back off and remove the charges.

 

I wish to use the lack of Data Protection Act authority to force these companies to delete my data from their system. They will not listen to reasonableness to I shall rely on the law to resolve my problem.

 

This is nothing to do with being charged the full term of the contract so again you are wrong.

 

I take offense at your accusation of fraud. You know nothing of this matter and your comments have no relevance to what I am trying to achieve with the DC's.

 

Having read some of your other posts on CAG it appears that you speak before thinking. In addition, CAG is a place for those who wish to recieve help when at the mercy of big corporations who assume they have the power to scew as many people as they can.

 

As always, profit is before customer service with many UK based businesses especially T-Mobile.

 

I have authority to speak on such matters as I am a director for a well know London based company. We have proved the customer service model in the last 3 years; Provide an excellent level of customer service and recognise that your customer is the lifeline to success. Do so and profits will materialise automatically.

 

With organisations such as T-Mobile, debt collectors, banks etc customer service is at the bottom of the list and profit is at the top.

 

Retruning to your accusation of fraud, a good friend of mine is a director for a well known high street recruitment agency. They have over 500 mobile phones on contract. When I was in the mobile industry I structured a deal for my friend to switch from Vodafone to T-Mobile.

 

When your friends from Hatfield got news of this, T-Mobile approached my friend and offered him cash to do the deal direct. He was disgusted by their actions and moved to Orange through me instead.

 

Next time you offer advice or make accusations I would suggest that you involve yourself in the thread first to get a better picture of the individuals situation.

 

1970

Edited August 27, 2008 by 1970

[Curr946]

ok fair comments, and to a point i agree but what i do not understand is that if you acknowledge you owe the funds and have until now been unable / unwilling to pay then why do you think that your details can not be passed on for collection. Your beef here is with the collections agency and tmobile will to the most part not get the balance now payable. If they are lucky the would get the full amount inishal defaulted.

Can i suggest you try to negotiate a settlement with the collections agency direct or ever get them to pass the balance back to tmoble them come to a settlement with them?