Mobile phone companies and Experian

[ellsbells]

Mobile phone companies claim they donot come under CCA74
yet register payment details with credit reference agencies. I have spoken with the ICO who are looking into it . In the absence of a signed document why are the companies allowed to share your data without a signature. I have an email from Experian stating they do come under CCA74 do they or don’t they ? If not why not ? If the companies allow you to run up a higher bill beyond your agreed usuage are they not ultimately providing credit facilities . Experian simply pass you back to the company in question, are they not responsible as the organisation who is sharing the details of what is allegedly not a credit agreement .

[R0b]

Hello

If I recall, the argument that mobile phone agreements don't come under the CCA 1974 is because there is an exemption that says if the debt is paid within the same month then it is not subject to the Act (somebody might correct me on that point, it's been a while) however, it is nonetheless a form of credit because you are receiving goods/services where payment is made at a later date.

For that reason, when you read the guidance from Experian and ICO guidance on recording late payments or defaults, this is why they indicate that it's not just credit agreements per se that are recorded, it could be utilities or other types of service agreements.

That all being said, if you take out a broadband contract and pay upfront for the whole of the contractual period, then there shouldn't be any imprint on your credit file because no credit is being offered.

Do be aware that in the earlier days, the likes of O2 and Vodafone did offer consumer credit agreements for handsets.


Does that make sense?