Tesco Mobile

Bought a mobile phone outright with cash purchase July. was told by salesman that pay as you go wouldn't be any good as required internet access and roaming device only available on montly contract. was also told there would be a £30 higher usage limit to prevent any accidental over use.

Within 2 weeks of having the damn thing it was left on accidentally for 48 hours and racked up internet usage of £400.

Tescos wrote this off as accepted it was an accident and restored the balance to zero.

However, I was upset and cancelled the monthly plan about 4 weeks into it and have reverted to pay as you go. screw the roaming device, its too risky and who needs to risk a heart attack getting a bill like that again.

However, despite only having the monthly plan for just 1 month (barely one month)n and despite the mis-selling (excess usage cap) of the darned package, Tesco have filed a new account with the CRAs.

Question is: can i get them to remove the account from my CRFs as it seems totally riddiculous having it sat there for 6 years for just one months' usage.

[CleverClogs]

Re: Tesco Mobile

Do you have any proof that the lying bastar... sales wallah made those claims?

If you do then, under section 2(2) of the Misrepresentation Act 1967 - link - you should be able to rescind the contract with no cost or penalty to you, as the sales-wallah's misrepresentation was so grievous as to strike at the heart of the contract.

If the contract is rescinded, it follows that your account could not be in default.

You may also be able to claim compensation - link - for actual damages incurred as a result of the misrepresentation.

Tesco are, however, some of the nastiest bounders ever to sell a kumquat; in one case, they tried to involve a child's mother in a poisoning case:

Tesco Stores Ltd v Pollard [2006] EWCA Civ 393, a 13 month old child fell ill when it ate some washing powder from a product that had a faulty child resistant cap. It was bought from Tesco, but manufactured by another company. When bringing proceedings against Tesco and the manufacturer, Tesco joined the mother for negligence in not properly looking after the child. The Court of Appeal found Tesco and the manufacturer alone liable under the Consumer Protection Act 1987.

[Caspar]

Re: Tesco Mobile

DS,

When you say they filed the account with CRF's, do you mean just that, or do you mean they have tried to or recorded adverse information about you?

If they've just registered that you had a contract for one month with them and that is it, then I suspect a human hand has not been near this and you may be able to get it removed by talking to an aforementioned human.

[The Debt Star]

Re: Tesco Mobile

no adverse, just the account registered.
will contact them and see if they will remove it.