hi everyone

[zano]

hi everyone im new and need some help with a cifas marker placed by EE for evasion of payment . The contract was taken out and no payments where made years ago except an upfront payment .
If anyone can offer some advice would really help thanks.

[Amethyst]

What were the reasons for non payment ?

EE seems to have taken it as being a first party fraud ( hence the cifas marker )obtaining goods/services by deception possibly, evasion of payment, misuse of a facility etc... in that you arranged goods / a service with your upfront payment and had no intention to pay going forward.

So you need to show that they made a mistake which led to your not paying.

There was something similar in the press a few weeks back - shop direct issue fraud markers quite regularly where purchases have been made on account then no payments ever made - https://www.google.co.uk/amp/s/www.m...r-19339335.amp

[zano]

hi and thank you amethyst , i did see that article u mentioned a few weeks ago. They just cancelled the account and added termination fees after 3 missed payments. the termination fee was wrong and they later amended it but i was not able to afford that large an amount. i was even in contact with the debt collectors they employed to collect the initial arrears but they didn't have the account long before they handed it back to EE who then terminated it.
EE have told me they requested the handset back but cant provide me with proof of this letter they sent. I did try making arrangements with the agency they handed the debt to and they acknowledged this but they wont remove the marker. I also didn't use the phone airtime/data so does that still show misuse of facility?

[Amethyst]

A SAR to EE might help get the information as to what happened with the account and if they did actually send a letter for return of the handset. https://ee.co.uk/help/help-new/safet...rticle-title-1

Once you have all the info you can raise a formal complaint.

[zano]

I have already raised it as a formal complaint with EE and they sent me a deadlock letter telling me their decision stands and that there is nothing further they will discuss with me. They told me to take it to the Ombudsman but i have and they have told me they don't deal with fraud so i'm only left with appealing to cifas and contacting the ICO. Im worried appealing it with cifas will cause more issues for me if they find the marker was placed correctly EE might be able to extend it further than 6 years as the debts not still been paid even though ive tried to ask EE if they will remove it should i pay but they aren't interested. They told me the balance was written off in 2016