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Mobile Co breached contract but wont let me leave - HELP need advice
HELP!!! – IS THIS UK MOBILE OPERATOR’S BAD BEHAVIOUR LEGAL ?????
PLEASE HELP!!!!! – Contract / Consumer Law Issue – with mobile provider
Ok so here’s the deal, I’ll try to keep it brief.
BACKGROUND SUMMARY – TO INTERNAL ID THEFT & FRAUD
2 year contract with UK mobile phone provider (ends June 2012)
Sept 2011 - Personal data held soley by the mobile provider used to commit ID Theft
and ID Fraud (long story but v.v.strong probability it is internal staff)
(someone used my bank account details, full name, phone number and date of birth to
add extra £50 per month of services to my existing £35 per month contract package. I
was alerted by txt and had them cancelled before any damage. Next day my personal
details used to create a new online account and again add extra £50 per month of
additional services)
Sept – Oct 2011 - Spent long days and nights trying to get answers from mobile
provider, but sent in circles.
Reported it to police (cant say too much as ongoing) who told me to terminate the
contract due to repudiatory (fundamental) breach on part of Mobile Provider.
Oct 2011 – Sent Mobile Provider written (letters & emails) termination of the contract
due to repudiatory breach (fundamental breach) personal data security breach.
Demanding account be closed at zero balance and that no early termination fees be
sought as well as sending me my PAC so I can bring to a different mobile provider.
All letters sent by recorded delivery and all received. However no acknowledgement
of or response to them.
Haven’t used the account since terminating the account. No calls, no txts, not internet
NOTHING!!
Nov 2011 – the account billing date has arrived and they have billed me for the
month.
TODAY’S EMAIL – SENT BY ME
Today I sent email asking why is a terminated account still be billed? Why is account
still active if contract/agreement terminated? Why no response to earlier
emails/letters?
RESPONSE FROM MOBILE OPERATOR – TODAY - ALL THEY WANT IS £££
Response I got by email today
Thanks for contacting us about the possible data leak. I understand that you have
requested to close the line and I am sorry that it has taken so long to get back in touch
with you.
As this is a serious accusation, this matter has been passed to our fraud team to
investigate the matter thoroughly. This does take some time to arrange. However,
please rest assured the matter is currently being looked into.
Until their investigations are complete, if you still want to close the line, the early
termination fee will still be applied. At the moment this is £160. This fee goes down
the closer you are to the end of the contact.
Also, you will still continue to be billed until our investigations are completed.
We will try to see if there has been any strange activity on your account. I will be in
touch as soon as this is assessed.
SO BASED ON THE INFO ABOVE – HELLLLLP WHAT DO I DO NEXT??
Bypass every thing and issue a before action letter? And lets go court ?
If I pay Nov 2011 bill – will I be reaffirming the contract – reversing my termination?
What can they do to my credit file - default; dispute ?
Where do I stand ?
And what should be my next move be?
They have clearly shown they do not acknowledge the contract is terminated
Im soley focusing on the breach of contract at the moment – the whole dpa breach is
for much later.
Pleeeeeeeeze helllllllllp
Thanks for taking time to read – tried to keep it brief
PLEASE HELP!!!!! – Contract / Consumer Law Issue – with mobile provider
Ok so here’s the deal, I’ll try to keep it brief.
BACKGROUND SUMMARY – TO INTERNAL ID THEFT & FRAUD
2 year contract with UK mobile phone provider (ends June 2012)
Sept 2011 - Personal data held soley by the mobile provider used to commit ID Theft
and ID Fraud (long story but v.v.strong probability it is internal staff)
(someone used my bank account details, full name, phone number and date of birth to
add extra £50 per month of services to my existing £35 per month contract package. I
was alerted by txt and had them cancelled before any damage. Next day my personal
details used to create a new online account and again add extra £50 per month of
additional services)
Sept – Oct 2011 - Spent long days and nights trying to get answers from mobile
provider, but sent in circles.
Reported it to police (cant say too much as ongoing) who told me to terminate the
contract due to repudiatory (fundamental) breach on part of Mobile Provider.
Oct 2011 – Sent Mobile Provider written (letters & emails) termination of the contract
due to repudiatory breach (fundamental breach) personal data security breach.
Demanding account be closed at zero balance and that no early termination fees be
sought as well as sending me my PAC so I can bring to a different mobile provider.
All letters sent by recorded delivery and all received. However no acknowledgement
of or response to them.
Haven’t used the account since terminating the account. No calls, no txts, not internet
NOTHING!!
Nov 2011 – the account billing date has arrived and they have billed me for the
month.
TODAY’S EMAIL – SENT BY ME
Today I sent email asking why is a terminated account still be billed? Why is account
still active if contract/agreement terminated? Why no response to earlier
emails/letters?
RESPONSE FROM MOBILE OPERATOR – TODAY - ALL THEY WANT IS £££
Response I got by email today
Thanks for contacting us about the possible data leak. I understand that you have
requested to close the line and I am sorry that it has taken so long to get back in touch
with you.
As this is a serious accusation, this matter has been passed to our fraud team to
investigate the matter thoroughly. This does take some time to arrange. However,
please rest assured the matter is currently being looked into.
Until their investigations are complete, if you still want to close the line, the early
termination fee will still be applied. At the moment this is £160. This fee goes down
the closer you are to the end of the contact.
Also, you will still continue to be billed until our investigations are completed.
We will try to see if there has been any strange activity on your account. I will be in
touch as soon as this is assessed.
SO BASED ON THE INFO ABOVE – HELLLLLP WHAT DO I DO NEXT??
Bypass every thing and issue a before action letter? And lets go court ?
If I pay Nov 2011 bill – will I be reaffirming the contract – reversing my termination?
What can they do to my credit file - default; dispute ?
Where do I stand ?
And what should be my next move be?
They have clearly shown they do not acknowledge the contract is terminated
Im soley focusing on the breach of contract at the moment – the whole dpa breach is
for much later.
Pleeeeeeeeze helllllllllp
Thanks for taking time to read – tried to keep it brief
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