some important advise needed please...
04 March 2009, 10:59 PM
#31
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From what you have put here, you are technically in the wrong, you can not just walk away from a contract because they cut you off due to your non payment, regardless if this was "agreed" over the phone (you should have sent a letter or requested a written version of that conversation)
Firstly, have you not noticed the impact this has had in regards to obtaining credit etc as a Default would of been served on you and lenders deem these in the same category as CCJs, supposedly. First thing you should do is send an SAR (Subject Access Request)
As someone has said above, Mobile Phone companies are a law to themselfs, this is mainly due to the fact that you can not enforce your rights under the Consumer Credit Act (CCA) as a mobile phone contract does not provide credit, it is simply a service agreement (by law) but these companies are still allowed to write information to your Credit File, truly ridiculous, but the upshot in your case is they are very unlikely to submit there claim in a Local County Court due to the complexities of these arrangements, they just wouldn't bother.
Secondly, fire a letter off to whatever debt company has contacted you and raise a dispute, edit the follow as you see fit..
You have contacted me regarding the account with the above reference number, which you claim is owed by myself.
I would point out that I have no knowledge of any such debt being owed to ******* Mobile
I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question, please give me a full break down how you have come to this amount.
I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt and if you are using deceptive/and or unfair methods.
Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.
I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.
I await your written confirmation that this matter is now in dispute. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.
I look forward to your reply.
Yours faithfully
Thirdly, get your credit reports from all three Credit References Agencys.
Firstly, have you not noticed the impact this has had in regards to obtaining credit etc as a Default would of been served on you and lenders deem these in the same category as CCJs, supposedly. First thing you should do is send an SAR (Subject Access Request)
DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST
Dear Sir/Madam
Name xxxxxxxxxxxx
Account No’sXXXXXXXXXXXXXXXXXX
I understand that you currently hold details of my personal and financial information within your internal record systems with regard to a mobile phone contract.
Please supply me with everything your company holds about me and my history with your organization, including recorded conversations.
I would be grateful if you would provide the following for ALL accounts or associated accounts I have held with your organization:
I look forward to hearing from you.
Dear Sir/Madam
Name xxxxxxxxxxxx
Account No’sXXXXXXXXXXXXXXXXXX
I understand that you currently hold details of my personal and financial information within your internal record systems with regard to a mobile phone contract.
Please supply me with everything your company holds about me and my history with your organization, including recorded conversations.
I would be grateful if you would provide the following for ALL accounts or associated accounts I have held with your organization:
Full copies of all contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same.
A complete list of all transactions or statements relating to ALL of my Accounts with your organization.
Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.
Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me.
Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.
Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.
I enclose the statutory maximum fee of £10. You have 40 days in which to comply.I look forward to hearing from you.
Secondly, fire a letter off to whatever debt company has contacted you and raise a dispute, edit the follow as you see fit..
Account in Dispute
You have contacted me regarding the account with the above reference number, which you claim is owed by myself.
I would point out that I have no knowledge of any such debt being owed to ******* Mobile
I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question, please give me a full break down how you have come to this amount.
I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt and if you are using deceptive/and or unfair methods.
Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.
I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.
I await your written confirmation that this matter is now in dispute. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.
I look forward to your reply.
Yours faithfully
05 March 2009, 09:49 AM
#32
Scooby Regular
dedraters post explain why many years ago I kept getting refused credit (strange coz I though I had a good credit rating)
I checked my credit file with experion, and it came with a "problem" to do with a £70.00 unpaid bill to Orange i think. Again this was propably due to a misunderstanding when I cancelled my contract -- but the point is they didn't bother to contact me to sort it out otherwise I would have paid it -- they just put a marker on my credit file -- much cheaper, as soon as I found I obviously paid it -- and got Orange to inform the credit agencies to take it of my credit file, but a sneaky and cheap way of getting the money back (which in my case I fully accepted I owed, but it ment they didn't try very hard to contact me)
I checked my credit file with experion, and it came with a "problem" to do with a £70.00 unpaid bill to Orange i think. Again this was propably due to a misunderstanding when I cancelled my contract -- but the point is they didn't bother to contact me to sort it out otherwise I would have paid it -- they just put a marker on my credit file -- much cheaper, as soon as I found I obviously paid it -- and got Orange to inform the credit agencies to take it of my credit file, but a sneaky and cheap way of getting the money back (which in my case I fully accepted I owed, but it ment they didn't try very hard to contact me)
07 March 2009, 07:32 AM
#34
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Sara, not having a mobile fone does not strand you in a foreign country, despite what you say, and convincing any 3 party to this fact is / would be nigh on impossible
Ive been abroad, and like you through one thing or another, could not use my
"supposed " roaming turned on phone. i managed to get round "valencia" make my
appointments, and fly back to the uk.
The bottom line is you had a contract which you failed to keep, for that reason you
defaulted, and are now being persued for the debt.
If as you say you had a local agreement, then you should have either got
conformation in either writing, or a file refernace number.
Given your background and previous form,
i would have thought it would have
been automatic for you.
I had a similar issue with aol over crap intenet access, despite them being at fault, the
only way out of the contract was to pay the remaining months and walk.
If you didnt read the T's & C's when you took out the contract, then harsh as it
seems, its your fault.
btw, debt recovery agencies are hard work
, the best way to get rid, is to get an
agreed repayment plan, and stick to it, otherwise they will keep on phoning every
week / day without fail.
Mart
Ive been abroad, and like you through one thing or another, could not use my
"supposed " roaming turned on phone. i managed to get round "valencia" make my
appointments, and fly back to the uk.
The bottom line is you had a contract which you failed to keep, for that reason you
defaulted, and are now being persued for the debt.
If as you say you had a local agreement, then you should have either got
conformation in either writing, or a file refernace number.
Given your background and previous form,
i would have thought it would have been automatic for you.
I had a similar issue with aol over crap intenet access, despite them being at fault, the
only way out of the contract was to pay the remaining months and walk.
If you didnt read the T's & C's when you took out the contract, then harsh as it
seems, its your fault.
btw, debt recovery agencies are hard work
, the best way to get rid, is to get an agreed repayment plan, and stick to it, otherwise they will keep on phoning every
week / day without fail.
Mart
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