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Can I remove a default off EE after being mis sold a phone from a 3rd party supplier?

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  • Can I remove a default off EE after being mis sold a phone from a 3rd party supplier?

    Hi and thanks to anyone who takes their time to help.

    In November 2013 I bought a phone from mobile phones direct on an EE pay monthly contract. The monthly charge I purchased was for 21.99 a month. The monthly contract I was put on was for 42.99 a month and for double the minutes, texts and mobile internet I requested. I believe this is classed as mobile mis selling and illegal.

    After contacting EE and mobiles phone direct they agreed I was on the wrong price plan and it would be put right. However when the first bill arrived nothing had changed so I cancelled my direct debit until I was put on the correct price of 21.99. I subsequently got cut off and I again had to explain that I was on the wrong price plan. I was reconnected and told it would be sorted and back dated. Again when the 2nd months bill came it was now 95 and I felt that something was clearly wrong. I decided to cancel the contract and return the phone. After a lot of explaining of Ofcom rules on mobile mis selling mobile phones direct allowed me to return the phone and it was mine and ee's understanding that they would settle the outstanding bill as a sign of goodwill. I suspect this never happened as I have recently found out EE have placed a default on my credit files.

    Due to the fact I've been a victim of mobile mis selling. Which is illegal. Am I able to request EE to remove the default?

    Would I first have to prove the mis selling? As I didn't pay the bills EE sent.

    Thank you. Simon
    Tags: None

  • #2
    Re: Can I remove a default off EE after being mis sold a phone from a 3rd party suppl

    Hi Welcome to LB,

    Ok Simon,
    Illegal no unlawful yes there is no criminal offence here.
    Stopping payments while a dispute is ongoing is never
    a wise thing to do, and will lead to a default being placed.
    Did you conduct any part of the dispute in writing?
    If not proving your complaint is valid will be much more
    difficult to sort out.

    nem
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    • #3
      Re: Can I remove a default off EE after being mis sold a phone from a 3rd party suppl

      Hi Nem. Thanks for the reply.

      I conducted nearly all of the complaint in writing. I have proof of the mis selling and a written admission of the mis selling.

      Comment


      • #4
        Re: Can I remove a default off EE after being mis sold a phone from a 3rd party suppl

        We have two members of Experian on here ... maybe they could help? James Jones Experian, ExperianExperts can you offer any advice to Dennisim?
        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

        It doesn't matter where your journey begins, so long as you begin it...

        recte agens confido

        ~~~~~

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        • #5
          Re: Can I remove a default off EE after being mis sold a phone from a 3rd party suppl

          Thank you.

          Comment


          • #6
            Re: Can I remove a default off EE after being mis sold a phone from a 3rd party suppl

            1st Point A default entry should not be entered or maintained on a credit file whilst there is a legitimate dispute in progress.
            2nd. I understand that the default would have been entered under the Old price plan which would be innaccurate as per the 4th Principle of The DPA......
            Grace & Athr v Black Horse Ltd, ruled that if an entry cannot be entered accurately or is not corrected to state the accurate facts,.....meaning 100% accuracy ..........it should not be entered at all.

            JUst my opinion I am not a lawyer.

            Sparkie

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            • #7
              Re: Can I remove a default off EE after being mis sold a phone from a 3rd party suppl

              Thanks sparkie.

              I'm looking through the DPA now and my rights. This looks helpful.

              Comment


              • #8
                Re: Can I remove a default off EE after being mis sold a phone from a 3rd party suppl

                After looking through the 4th principle of the DPA act. I believe EE could simply say they were instructed to charge me 42.99 a month by mobile phones direct. Therefore the default they have placed is accurate.

                This is taken from the 4th principle of the DPA "carefully consider any challenges to the accuracy of information; and consider whether it is necessary to update the information." As mobile phones direct admitted I was on the wrong price plan, yet a breakdown in communication between mobile phones direct and EE resulted in no change to the price plan. Could this section of the DPA hold weight?

                Comment


                • #9
                  Re: Can I remove a default off EE after being mis sold a phone from a 3rd party suppl

                  How much is hte default for does it state this on the list - have they possibly (mistakenly) applied the whole contractual length - this may be an angle for having it removed/adjusted ?

                  Comment


                  • #10
                    Re: Can I remove a default off EE after being mis sold a phone from a 3rd party suppl

                    Am I able to request EE to remove the default?
                    At the risk of looking like a smart arse, why wouldn't you be able to ? The merits of your letter have no bearing on being able to ask. It's worth asking as given the circumstances that might be all it takes.

                    Depending on the communication between all the parties, there could be criminal harassment. Chances of success would be low though IMO.

                    Harassment can also be civil. Google it. Plenty examples.

                    Did the writing off occur before the default or after ?

                    M1
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