Default for a Fraudulent Account ???

[loring]

Hi all
I am looking for some guidance as to how I should handle this untruthful bunch. I wii explain the storey so it will be a bit long winded.
In 2001 I bought a Fresh Mobile Sim Card costing £4.99 from Carphone Warehouse for a pay as you go phone which I already owned, just go in the shop or go online to top it up.
In 2004 I stopped using it, moved up market and got a monthly contract phone from
T Mobile.
In July 2009 I send away for a copy of my credit file and am horrified to find that Carphone Warehouse have placed a default on my file in 2005 for a debt of £19.99.
I have battled with them since July 2009 till July 2010 to have this default removed.
At first CW claimed the alleged debt of £19.99 was for the monthly rental which I had not paid. They claimed that they sent me monthly statements for this account every month since 2001 and that when I stopped paying they sent me a default notice, which I did not respond to, so they had no option but to place the account in default.
I wrote to them and explained that I only purchased a pay as you go sim card and there was no monthly contract to pay and I also told them I never received any statements or default notices from them. I sent an SAR but they did't respond and sent my money back.
I kept at them and they have now changed their storey totally. They have discovered the account is a "fraudulent account" and removed the default in July 2010.
They say they are going to credit my account with a £50 voucher, but I don't have an account with them, unless It could be another fraudulent one. The story about the account being a fraudulent one is total nonsense, I know that I bought the sim card and topped it up when I needed, fraud does come into it at all, it must be an attempt to cover their tracks for issuing me a default. I have sent another SAR and this time I will hold out for some answers.
I would like to tell them what they can do with their £50 voucher but before I do, have Niddy or any posters think I may have a case for getting more than a £50 voucher, after all the default is some sort of error and was on my credit file for 5 years and for a fairly paltry sum of £19.99.
Thanks
loring
Glad to hear any advice or views on this
I have sent them another SAR and I am waiting for a response.

[Never-In-Doubt]

Re: Default for a Fraudulent Account ???

Send this - sorted nah

(I've asked for £750 compo for you, i'd expect the most you will get is a few hundred, but worth starting high)

• Dear Sirs,
  
  Ref: xxxxxxxx
  
  I write with reference to recent correspondence regards your unlawful addition of a default against me for a credit product that I never had with you. You have sent me repeated letters, chasing an illegible debt that you presume I owe. This is really becoming tiresome now, especially due to the fact there is NO debt to pay, and you've now left me with no option but to formally demand compensation otherwise i'll report you to both the regulatory bodies and the national press (who would have a field-day with this balls-up)!
  
  I shall try and explain things, slowly, to allow you to acknowledge and appreciate what it is I am trying to explain as this will be the last ever time I communicate with you; my next option will be to formally take legal action against you.
  
  This all started around 2001 when I purchased a Pay as you Go SIM costing £4.99 from the Carphone Warehouse. I already owned a handset and had no intentions of opening a new airtime agreement, being the product applied for was suffice for my needs. In 2004 I stopped using the Pay as you Go SIM and decided to open an airtime contract with T-Mobile, which also provided me a new handset - something necessary at the time. Anyway, move on a few years (2009) and I decide to obtain a copy of my credit report only to be blown over when I noticed that the Carphone Warehouse had placed a default on my file in 2005 for a debt of £19.99 - how much?! That is disgusting in itself, even worse because it is not my debt - I had a Pay as you Go!
  
  At first Carphone Warehouse claimed the alleged debt of £19.99 was for the monthly rental which I had not paid, also claiming that I was sent monthly statements for this account every month since 2001 and that when I stopped paying, I was sent a default notice, which I did not respond to, so they had no option but to register a default with the credit agencies. I then wrote in complaining about this, being I only had a Pay as you Go account so having a debit balance was near-on impossible! Then, as a final straw, I sent in a Subject Access Request in line with s.7 Data Protection Act 1998 which was blatantly ignored, returning my £10 payment - yet again breaking rules set out to protect the consumer. The Carphone Warehouse cannot do this - when someone requests data held about them the Data Processor must comply, they have no option but to comply unless the data subject (me) never had an account in the first place, resulting in no authority and no records for me, to allow compliance with my request? I think we both know where i'm going with this...
  
  I kept arguing because I knew the Carphone Warehouse was wrong - proved lately because now they claim that it is a "fraudulent account" and went ahead and removed the default in July 2010 - so it was there for 5 years before realising this huge mistake? And all that time I suffered, as I was repeatedly refused credit resulting in my having to retain a higher APR on a card as nobody else would touch me. This default has had a direct detrimental affect on my ability to obtain credit and utilise best rates within the market.
  
  I was then offered a paltry sum of £50, which was offered as an account credit - ermm, for the last time - I do not have any such account with Carphone Warehouse - how many times do I need to confirm this? I strongly suggest that you sit back and take notice of this complaint, because it is extremely sensitive and serious - I will not walk away.
  
  So, here we are almost 18 months later; still arguing about this, all the while the Carphone Warehouse has been reporting libellous data to a third party provider about me, which as we both know carries a maximum fine in a County Court of £5,000 - something I am considering, and will vigorously pursue unless this nonsense stops immediately by way of a formal reasonable offer of compensation - somewhere in the region of £750 seems fair, the consequences could stretch to £5,000 + costs if I pursue court action.
  
  I suggest you sort this as a matter of urgency otherwise I shall be left with little option but to consider legal action.
  
  Yours faithfully,
  
  
  Sign Digitally

[billypre]

Re: Default for a Fraudulent Account ???

Lovely letter Nid. Good Luck loring.

[loring]

Re: Default for a Fraudulent Account ???

Hi Niddy
I am sending off your letter tomorrow, Came back from hospital last night and need a rest today.
I had another Email from them today, someone who works in the office of the CEO. He is very keen for me to contact him and to confirm I was happy to accept the £50 voucher.I have copied it for you below. A very fast response considering it took them 12 months to remove the default after I told them about it

" This is a courtesy email to check the progress of your complaint as we have not heard from you since 11 December 2010.
I hope the explanation I have given in the previous email is satisfactory, and I'm sorry that I could not provide all of the information you requested. I would like to offer my sincere apologies again for the inconvenience that the issue caused.
Please could you reply to this email to confirm whether you accept our good will gesture offer of £50, and if so, how you would like this refunding.
Thank you for your patience and I look forward to hearing from you soon.
Kind Regards
Jon Galloway
CEO Team
Carphone Warehouse"

I was thinking of responding with a one word answer, NO, on the other hand they will probably remove the offer and I would prefer to say no.
loring

[Never-In-Doubt]

Re: Default for a Fraudulent Account ???

Hiya

Reply to the email with "I have sent a registered letter to you, it should arrive by the end of the week".

Leave it at that

[loring]

Re: Default for a Fraudulent Account ???

Hi Niddy
Happy New Year,did you made it up north over the new year. It is a good place to be at New Year, I lived in Glasgow and Inverness for 11 years and had a good time there.
Anway, it is over so it is back to this nonsense from Carphone Warehouse.
I received a letter from them today in response to the letter I sent December 2010. I am going to email you a copy, and I will add a few comments for your info.
I also received a response to my SAR I sent in mid December, they were quite selective in what they sent. The main documents I requested them to include were not included.
Basically they have looked at their notes again and have decided the account was not fraudulent and I did owe them monies which they wrote off in July 2010 and they consider I could only be entitled to the £50 they have already offered.
Thanks
loring

[loring]

Re: Default for a Fraudulent Account ???

Hi Niddy
Thank you for you last message regarding this thread, I do not need my response in a hurry, I believe you should do all the UE Diaries first and do this when you have time.
I hope you are catching up with some sleep, you seem to have been on the forum for the last week day and night. Nice clean forum, some of us need a wee bit of time to learn to use all the facilities.
As yo may be aware aware I sent Carphone Warehouse a SAR on 10th December 2010 and I got the response back. It contradicts the other correspondence they have been sending me.
I am sending you another e-mail where I have attached some marked up letters and log sheets. They may be useful for you.
Thanks
loring

[loring]

Re: Default for a Fraudulent Account ???

Hi Niddy
Just to update you a little.I November 2010 I filed a complaint with the ICO about Carphone Warehouse, adding false account, a default and refusing to remove the default from my credit file and they have responded saying Carphone Warehouse (CPW) are in breach of the 4th Principle of Data Protection in that they failed to update my credit file till 2010.
I was unhappy with the response so I have issued 2 further complaints to the ICO on Friday 28th January 2011.

The first is a complaint that Carphone Warehouse have failed to comply fully with my Subject Access Request within the 40 day statutory period despite having had a reminder letter to fully comply when I received their response on 21st December 2010.

The second complaint covers a number of issues and I have requested the ICO to respond to each individual issue and in each case I have asked them to confirm if they believe Carphone Warehouse have breached the Data Protection Act:
I have asked if consistent with the Data Protection Act for CPW to invent an account in my name and report on this false account to the credit reference agencies.
I have requested if it is consistent with the Data Protection Act for CPW to place a default on my credit file for this false account and give me no warning or confirmation that they had done this. I also queried if was correct that CPW refused to answer my correspondence when I queried the alleged " breach of contract" and the alleged debt.
I have queried if it is consistent with the Data Protection Act for CPW to pass false information to the credit reference agencies stating I was aware of the debt, I had a contract with them and had been receiving monthly bills / invoices at my home address for over 3 years.... I pointed out to the ICO that Sainsbury's, Waitrose and Weatherspoons among others have never reported on the "as and when" purchases I make with them, nor do they send me monthly bills, and I have requested the ICO to clarify why they have assumed / implied that CPW are entitled to do this.

I have not been in touch with CPW since I received their letter of 30th December 2010, I will wait your advice and any responses I get from the ICO.
Thanks
loring

[loring]

Re: Default for a Fraudulent Account ???

Hi Niddy
I see you are still busy with the forum and your latest project HSBC. I am waiting on the ICO to advise me of the instances they consider Carphone Warehouse have breached the Data Protection. I hope it will assist you in preparing a response for me. The ICo have said they hope to send me the letter this week. Should I be considering suing Carphone Warehouse for libel as they have now admitted they sent false information about me to the credit reference agencies.
( they sent e-mails stating not to remove the default and that I was fully aware of the alleged account as I had been receiving monthly bills for 4 years for the account, now they say they never sent any bills)
Thanks
loring

[Never-In-Doubt]

Re: Default for a Fraudulent Account ???

Hi Niddy
I see you are still busy with the forum and your latest project HSBC. I am waiting on the ICO to advise me of the instances they consider Carphone Warehouse have breached the Data Protection. I hope it will assist you in preparing a response for me. The ICo have said they hope to send me the letter this week. Should I be considering suing Carphone Warehouse for libel as they have now admitted they sent false information about me to the credit reference agencies.
( they sent e-mails stating not to remove the default and that I was fully aware of the alleged account as I had been receiving monthly bills for 4 years for the account, now they say they never sent any bills)
Thanks
loring

Hiya let me know when the ICO get back in touch and then i'll look through it all, however the ICO can demand they remove the adverse (incorrect) data....

[pooky2483]

Re: Default for a Fraudulent Account ???

Any news on this matter?