Consumer Credit Act 1974 T-Mobile

[kmiah786]

Hi guys.

I have a default placed on my credit file by T-Mobile.
Upon making a SAR request they say I have 2 accounts with them and for one account they cannot locate any details.

In regards to requesting the contract, their response was as follws:

"No signed contract can be supplied as you connected with us direct and a copy of our terms & conditions and a distance selling regulation letter were sent with your phone. This gave you seven working days to return the equipment to us if you were unhappy with anything
Our terms & conditions advise that we do not need to provide you with the documentation you have requested"

"the service agreement you entered into with T-Mobile is regarded as exempt under the provisions of the CCA 1974 and as such we are not required to file a default notice prior to termination of the service agreement"

Any advise on how to proceed to challenge the default or how to get it removed would be very much appreciated.

[labman]

Re: Consumer Credit Act 1974 T-Mobile

I cannot help much I'm afraid, only to advise you that mobile phone contracts are not governed by the CCA. Sorry to be the bearer of bad news.

Hurricane Puffrose is the mobile phone expert, so hopefully she may pick up on the thread.

[ncf355]

Re: Consumer Credit Act 1974 T-Mobile

Hi,

look at the ICO guidance on default found here

This is not down to CCA 74', but it is covered under Data Protection Act 1998 that T Mobile MUST comply with.

If you look at Page 15, Para 39, it states that the ICO expect anyone registering a default to keep accurate records to back up the data they are supplying to CRA's.

If T mobile are unable to show records, I fail too see how they can meet the ICO's rules -

"Not having any supporting records may indicate a breach of the data protection principle requiring personal data to be adequate, relevant and not excessive for the purpose for which it is processed"

Further, at page 5, Paras 9-16 the doc contains the definition of a default, does your non payment meet these conditions?

[ostell]

Re: Consumer Credit Act 1974 T-Mobile

To clarify: I presume you mean that you only have one account with them.

And the bills for the phantom account make sense?
And can they show where the phantom phone is?
Possibly identity theft to get a phone?

Don't know about phones but had a utility chasing me for a phantom account some time ago, and threatening all sorts.

[FlamingParrot]

Re: Consumer Credit Act 1974 T-Mobile

Hi guys.

I have a default placed on my credit file by T-Mobile.
Upon making a SAR request they say I have 2 accounts with them and for one account they cannot locate any details.

Sorry to ask the obvious, but have you actually got 2 accounts with T-Mobile? Or had them in the past? Maybe a contract you cancelled early? In other words, do you recognise the alleged debt as being yours or not at all?

It is true that mobile contracts do not fall under the Consumer Credit Act, but mobile companies still have to report accurately to the CRAs.

[labman]

Re: Consumer Credit Act 1974 T-Mobile

It is true that mobile contracts do not fall under the Consumer Credit Act, but mobile companies still have to report accurately to the CRAs.

Everyone has to report accurately to the CRA's - the process is governed by the DPA.

[afee12345]

Re: Consumer Credit Act 1974 T-Mobile

HI,
I'm in a similar issue, my problem is with VIRGIN MEDIA. I had services from them and closed my account with then in may to move to a different provider.
these guys kept on marking late payments on my account for a further 3 months to august on my file, then a default, im gutted. I was never sent a final bill nor default notice.


any guys had any experience of this kind and how to get it removed.

[labman]

Re: Consumer Credit Act 1974 T-Mobile

HI,
I'm in a similar issue, my problem is with VIRGIN MEDIA. I had services from them and closed my account with then in may to move to a different provider.
these guys kept on marking late payments on my account for a further 3 months to august on my file, then a default, im gutted. I was never sent a final bill nor default notice.


any guys had any experience of this kind and how to get it removed.

What reason do Virgin give for continuing to report after your contract have finished? If you don't know the answer to that question, you should pose the question directly to them.

If you are sure you terminated your contract lawfully and correctly, then I would complain directly to the Managing Director:

graeme.oxby@virginmobile.com


The executive's office will then deal with your issue and you are more likely to get a satisfactory resolution.

[afee12345]

Re: Consumer Credit Act 1974 T-Mobile

What reason do Virgin give for continuing to report after your contract have finished? If you don't know the answer to that question, you should pose the question directly to them.

If you are sure you terminated your contract lawfully and correctly, then I would complain directly to the Managing Director:

graeme.oxby@virginmobile.com


The executive's office will then deal with your issue and you are more likely to get a satisfactory resolution.

yes the 30 day notice was given, and services terminated in may. these guys carried on reporting to CRA'S till august as it says in the credit report end 08/13 and default in august.in the report the last payment are marked D321.
I see your link above ,the end bit is virginmobile ,mine relates to the telly ,phone and broadband services, is this the same MD for this dept.?