T-mobile listed an unfair default and refused removal

[Dailey87]

Hi guys,

 

Firstly i appologise if i'm asking for very basic help, i've never had dealings like this before!

 

To cut a long story short (believe me this is the short version!):

 

I tried on numerous occasions to close my t-mobile account down over the phone and was told it had been closed. A few months later a debt collection letter arrived for circa £250 in unpaid bills. I was very, very annoyed by this since i had thought that the account was closed and hadn't used the account for several months.

 

I contacted T-mobile and they denied that i had closed the account, despite my call and refused to budge on the bill. Since i was a student at the time with a young family to support i had to save for a week or so to scrape the cash together to cough up what was a significant amount of cash at the time.

 

When i had the money together i called the debt collection company which i understood to be a subsidiary of T-mobile and paid the amount and made sure in no uncertain terms that the account was now CLOSED which they confirmed.

 

All good.... Until 2 months later T-mobile send me ANOTHER bill for £89. I was livid and phoned the again to tell them i had cancelled many times and fully paid the account and had it confirmed that it was closed after i paid the last bill. They denied i informed them saying that although they had a recording of their debt collector telling me my account was closed, they didn't have the authority to close the account down.

 

After a long phone battle i got them to agree to close the account there and then. The issue was sent to the line manager to have the outstanding amount removed (he was on a break), all done and dusted.

 

Anyway, i'm now no longer a student and i am looking to get a mortgage so i decided to check my experian credit report only to find these bandits had listed a default against me for the £89 on 10/03/2013, 5 months after the account was closed and the balance removed and at no point did they tell me that i had an outstanding balance.

 

I called again and after a discussion with Alrick in finances i agreed to pay the £89 ONLY on the condition the default was removed from my file. He agreed to this and instructed me to pay the amount and write a letter to their credit referrals team outlining the discussion, the agreement to remove the default and the payment reference number.

 

Now i have a reply from T-mobile's credit referrals team.

 

They will not remove the default, it's on there for 6 years they say. So now my chances of getting a mortgage are practically zero.

 

I've set the ball rolling with a complaint to CISAS but is there anything else i can do? I feel like i've been ripped off then tarred & feathered by these con-men.

 

Help, if there is any out there please!!

 

Dailey87

[locutus]

Do you have any proof of your discussions? Recordings of calls etc?

 

IMO CISAS are a toothless qango, so don't pin all your hopes on that.

 

Look into taking small claims action against them.

 

Maybe hit the CEO up?

 

olaf.swantee@ee.co.uk is the CEO of the group that owns T-Mobile. Drop him a line.

[Dailey87]

Thanks for the reply. I will see if the CEO is interested but somehow I doubt it.

 

I don't have any proof but I do know that T-Mobile have notes on my file to that effect. Would I be able to get a copy of these via data protection act?

 

I have no problem with taking them to court but I have no idea how to go about it, any advice?

 

Thanks again!

[flexeh]

you can get all the notes and stuff by a sar if you want as much ammunition to take it to court.

 

click on the underlined SAR above to get the template. and enclose a cheque for £10. make sure you also send it recorded delivery.

[Dailey87]

Thanks for the help so far.....

 

UPDATE

 

I issued a statutory notice to desist in processing or disclosing personal subject data under the DPA, which so far EE are contesting as they say that my T&Cs give consent for them to disclose such data.

 

My argument is that my account was closed therefore ending our agreement, six months prior to the default being listed and as my consent was only valid during the agreement and was not indefinite.... Is this a legally valid argument?

 

I have also made a complaint to their complaints dept and got nothing. They deny that i closed my account (which i did but dont have any proof).

 

They claim i was sent a bill for £89. I was not! Nor did i receive any reminder or notice of intent to file a default.

 

I paid them this £89 under the condition that the default would be removed. I was told it would be so i paid up. Does this constitute a breach of verbal contract?

 

Next step then is a letter before action and small claims court!

[locutus]

You consent to them posting payment details, they stay on your credit file for 6 years after the account is closed.

 

Send a SAR asking for all notes on your account, and any time anyone has manually looked at your account, and any recordings of any call you have made, and any other data that relates to yourself. Include a cheque or postal order for £10

 

If you want to take them to court you really need proof of their wrongdoing.