Tesco Mobile placed default for non payment of credit on PAYG phone - help!!

[elvinotintopete]

Two years ago my wife took out an agreement with Tesco whereby they sold her a phone

and signed a direct debit for £10 per month which was doubled by Tesco effectively giving her £20 credit.

 

Because the quality of the phone was not good she stopped using it and stopped the D/D.

 

Tesco wrote to say that she was in breach of a credit agreement (it was in fact not a credit agreement but a D/D to pay for atop up each month on a 'pay as you go' agreement).

 

They duly reported this to Equifax and we objected.

 

They agreed it was not a credit agreement 'as such' but told us that the entry must remain because we had brokren our agreement.

 

Eventually they agreed that they would look at the situation.

 

Last month we were refused credit for a very important requirement and on checking with Equifax there was still the entry which Tesco had placed.

 

Is this legal and if not, claim compensation for loss of facilities and defamation?

[dx100uk]

have you a copy of the contract and did she sign anything?

 

dx

[citizenB]

Was there a minimum period for using the top up service ?

[BRIGADIER2JCS]

This MUST be taken up with Tesco if you want it sorted, the credit reference agency is displaying data passed to it by Tesco and cannot amend it without their permission.

 

Place a notice of dispute on the file ( you need to check Experian & Call Credit as well).

 

If the DD was cancelled without any notice to Tesco the is certainly nothing unlawful in the placement of the default entry, as the 'agreement' was broken unilaterally.

 

I seems also that you did not follow this up in any way, after it was stated 'it would be looked into'?

 

If you are going to challenge you need as dx said a copy of this agreement, (were you given one on signing I would expect so, I was when doing this for a grandchild).

 

Then you will need to make a formal complaint to the Data Controller at Tesco Mobile.

[2Grumpy]

Do you know the type/name of agreement / package?

[elvinotintopete]

Thanks all for your replies. I contacted Equifax who in turn contacted Tesco who agreed that the entry they sent was incorrect and has promised to rectify this by altering the entry to show no default. Why they cannot just remove it id beyond me but at least it ends my problem. Probably proves that it is worth paying for an account with the credit reference companies in this instance as I am assuming that, as they took up cudgels on my behalf, Tesco will honour their pledge this time! I have to say that it is nice to find a blog where I can get good advice. Thanks again to all who replied

[citizenB]

Oh that is good news. A nuisance that you have been put to so much trouble though.

 

It might be still be worth letting the Information Commissioner know what you have had to do to have this incorrectly placed marker, removed.