T-Mobile/Past due credit solutions

[Zaramia]

Hi,

 

received a letter from Past Due Credit back in May asking to 'contact them regarding an important matter'

 

contact was made and

 

they then wrote back a few weeks after to say they had closed the case and no one would contact me further.

 

This morning I received another letter from Past Due, claiming the account was back open

and to pay the amount by the end of July,

 

que a phone call to a rude advisor and then a manager,

who had said that t-mobile by now would have no record of me

(the phone contact in question is at least 6 years old)

 

I checked with the CRA where a default has literally been listed in the last few days

(I check my credit on a regular basis due to having issues like this in the past)

where the defaulted account is listed as 10/2/2009 but at my last address, which I didn't move to until 2010.

 

I can't ever recall having a default notice sent from t-mobile at all, from that time period.

 

I spoke t-mobile who gave me a number for sigma, who past due are working on behalf of.

I'm not entirely sure what to do as I am certain I closed the account down

but since having no correspondence with t-mobile since the account

I'm shocked to have even received this letter, especially as they closed the case to start with!

 

I know I should send t-mobile a SAR

- but I'm also confused why the default date has an address I wasn't living at (does this matter?)

 

I know the default only has 7 months until it comes off my credit file so is it worth chasing or leaving?

The last thing I want is a CCJ.

 

Thanks for any advice

[Bazooka Boo]

Hello & welcome, firstly STAY OFF THE PHONE!!!

 

You may well be best sending TM a SAR and find out exactly when they defaulted you, as for the marker recently appearing on your file, IMO you should place a notice of correction

on their immediately, then lodge a formal complaint with the clown outfit pastdue that the information they

are placing on your file is incorrect and vexatious, as such should they fail to remove it you will seek legal remedy and sue them for damages (defamation).

 

Stay OFF the phone!

Stay OFF the phone!

Stay OFF the phone!

 

This may very well be SB, can you remember exactly when you defaulted and last paid anything?

[Zaramia]

Hi,

 

Thanks for replying. I can't honestly remember the last time I had anything to do with T-mobile - I moved across the country in 2010 but after speaking to family I was living at previously they don't recall any letters from t-mobile so I assumed it was closed as I intended. I check my credit all the time so not sure why it's suddenly popped up.

 

I also have a contract with Orange/EE so surely if I had been owing money I would have failed a CC?

 

thanks

[Bazooka Boo]

I also have a contract with Orange/EE so surely if I had been owing money I would have failed a CC?

 

Not necessarily, O2 allege I owe them £10, but I've managed to renew my contract with them twice now??

 

If the default is notplaced within six months of the account being in default then it is erroneous and needs to be removed.

 

On your file it should have a series late payment markers before a default marker is placed, if this hasn't happened then you really do need to

get onto them and exhaust their complaints procedure so you can escalate this sooner rather than later, a defamation case against them could be a nive four figure sum in your pocket if they fail to remove the inaccurate data..

[Zaramia]

That's what I thought - I have a previous HSBC which has a default on it but that was there from word dot.

 

How will I know re the late payment markers? Sorry to sound a little stupid on the matter!

[Bazooka Boo]

Just checked my own crf with noddle, and it shows a number on the corresponding month for late payments, so,

Jan 1, Feb 2, Mar 3, Apr 4, May 5, Jun 6, Jul D, Aug D, Sep D...... and so on, so something similar to that...

[Zaramia]

Just checked what Noddle says and it has from Nov 2012 to June 2014 as just 'DF' under every one - does this count?

 

Thanks

[Bazooka Boo]

Yes that will be it...

[Zaramia]

Yes that will be it...

 

Ok - so shall I complain to past due or to t-mobile re the incorrect date put on the credit file? Thanks for all your help it's much appreciated

[Bazooka Boo]

Yes, send it to Pastdue, to their data controller at their registered address (head office) get 'proof of posting' which is free from the PO counter.

 

There is also an email address they have for complaints, send them an exact copy of your written complaint also.

complaints@pastduecredit.co.uk

[Zaramia]

Brilliant. I saw on the ICO website that a default is normally placed after 6 months of late payment arrears, which is what you said.

 

Is there anything I need to say specifically (in terms of quoting things!) so that they will understand, or is it literally 'I am complaining that you have listed this default incorrectly as it has been 5 years since the account was in default and a default is supposed to be listed within 6 months of it defaulting. You have also listed all information incorrect, by listing no late payment information and only placing the account in default is incorrect'

 

Again, thanks for your help. I'd like to get it solved properly and kick them right in the ass.

[BRIGADIER2JCS]

Brilliant. I saw on the ICO website that a default is normally placed after 6 months of late payment arrears, which is what you said.

 

Is there anything I need to say specifically (in terms of quoting things!) so that they will understand, or is it literally 'I am complaining that you have listed this default incorrectly as it has been 5 years since the account was in default and a default is supposed to be listed within 6 months of it defaulting. You have also listed all information incorrect, by listing no late payment information and only placing the account in default is incorrect'

 

Again, thanks for your help. I'd like to get it solved properly and kick them right in the ass.

I think you have been reading some out of date ICO documents, the ICO has changed its view as to how and when defaults are placed and how delinquent accounts are reported to the credit agencies.

 

 

When you say that " it is 5 years since the account was in default" what exactly do you mean, did you receive a demand for payment 5 years ago? Did you enter into a repayment plan then?

 

 

This being a "service " contract Not a credit account No default notice is necessary.

[Zaramia]

I think you have been reading some out of date ICO documents, the ICO has changed its view as to how and when defaults are placed and how delinquent accounts are reported to the credit agencies.

 

 

 

When you say that " it is 5 years since the account was in default" what exactly do you mean, did you receive a demand for payment 5 years ago? Did you enter into a repayment plan then?

 

 

This being a "service " contract Not a credit account No default notice is necessary.

 

There was never a repayment plan or demand for payment until a month or two ago. The documents I read were dated jan 2014

[BRIGADIER2JCS]

There was never a repayment plan or demand for payment until a month or two ago. The documents I read were dated jan 2014

 

 

The necessity to place a default within 6 months is no longer relevant, some accounts may be left as being reported as x months in arrears without a default being placed.

 

 

Please give some history of this service contract, how has this situation arisen.

 

 

Can you post up a screen shot of your CRA file (suitably redacted) please.

[Zaramia]

I posted the situation at the start of the thread - I had a letter re a t mobile account ( the last I had to do with t mobile was years ago, at least 5-6 before I moved cross country) and then in may I had a letter from past due re an account. I closed the account after moving to O2 having assumed it was closed properly. I have not heard anything since then. (5years if not more)

 

Long story short they said basically the case was closed - fast forward 2 months and another letter has arrived. This has never been on my credit file for the past at least 18 months where I have been checking my credit due to mortgage applications after I recieved the letter from past due I checked my credit and was shocked to find a default on there. There has never been a letter asking for payment, this is the first time I even knew there was a possibly outstanding balance.

 

The credit file says it defaulted 10/2/09 and the account was opened less than a year before. It states an address I lived at 2010-2013 and it has no late payment arrears only defaults from the dates listed on noddle.

[BRIGADIER2JCS]

I posted the situation at the start of the thread - I had a letter re a t mobile account ( the last I had to do with t mobile was years ago, at least 5-6 before I moved cross country) and then in may I had a letter from past due re an account. I closed the account after moving to O2 having assumed it was closed properly. I have not heard anything since then. (5years if not more)

 

Long story short they said basically the case was closed - fast forward 2 months and another letter has arrived. This has never been on my credit file for the past at least 18 months where I have been checking my credit due to mortgage applications after I recieved the letter from past due I checked my credit and was shocked to find a default on there. There has never been a letter asking for payment, this is the first time I even knew there was a possibly outstanding balance.

 

The credit file says it defaulted 10/2/09 and the account was opened less than a year before. It states an address I lived at 2010-2013 and it has no late payment arrears only defaults from the dates listed on noddle.

 

 

 

Good morning,

Looking at the information you have given I think the debt has arisen because of a final bill remaining unpaid after you moved from your original address (a common problem with Mobile accounts).

 

 

For a start place a notice of dispute/correction on the CRA files, then send a "prove it letter" to DD (template in CAG library).

 

 

You will need also to contact T Mobile as it is they who would have defaulted the account prior to selling the debt on, there is no harm at this stage in contacting them by phone to find out exactly what has happened.

 

 

It does appear that the default was properly placed if this is a "final bill" situation (some mobile providers do not always report accounts to the CRAs) but a DCA/Debt Purchaser will do so when it begins the collection process.