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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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Purchased iPhone June. 2013. Did no work in our area so returned

Customer Question

Purchased iPhone June. 2013. Did no work in our area so returned Phone 6 days late. EE admitted mistake, repaid money and cancelled the contract. Three months later I realised that monthly payments were being deducted so returned to EE who Said they would see to the matter and return money. after serveral visits to shop I receivrf a letter státing that legal action would be taken for non payments of the monthly cost. I telephone, explained the case and requested a note be placed on the account so that no further action be taken but the case would be inqvestigated. After further visits to the shop a letter was received saying that the matter had been sent to debt collection and the debt collectors phoned last night and I have black marks against my name and of course there is no Mention of the money owed me. Can you please advice or help
Yours sincerely, XXXXX XXXXX
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :

What would you specifically like to know about this matter?

JACUSTOMER-ce8xtf2g- : How do I proceed to have my name cleared, to get my money back and as the adviser from Which legal advice suggested to get some reccompense for the fact that EE have nerver listened or acted on the advice received form their staffIn the shop. I would like an apology, full refund of their illegal deducting of monies after the contract had been cancelled in June last year.
Ben Jones :

How much are you currently owed by them?

JACUSTOMER-ce8xtf2g- : Very little money, approx. £100. My big worry is the Experia t ratings etc. Have been informed that it can be. can be very difficult to C lear my name.
Ben Jones :

did the debt collectors told you that you have black marks against your name?

JACUSTOMER-ce8xtf2g- : I looken in Experia
Ben Jones :

I have looked into your query in more detail but do not think I have the answer to your question. I will therefore opt out and let other experts take this further if they can. Someone should respond shortly. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. Thank you

JACUSTOMER-ce8xtf2g- : Why?
Ben Jones :

Not quite my area I'm afraid, someone else will continue no doubt

Expert:  Ash replied 2 years ago.
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

I see the expert has said that he will opt out - so I will continue with this if I may.

I understand that you want to rectify your record report?

This is what you need to do. Experian should have given you in the contact details the address to appeal to EE (or Orange). You therefore need to write, enclose a copy of your credit report and ask that the entry be removed within 28 days or say that you will go to Court.

If they refuse then you can issue proceedings. You need to complete Form N1 -

You are asking the Court for an Order under Section 14 of the Data Protection Act 1997 to block/destroy/rectify the incorrect data.

Section 14 states:

If a court is satisfied on the application of a data subject that personal data of which the applicant is the subject are inaccurate, the court may order the data controller to rectify, block, erase or destroy those data and any other personal data in respect of which he is the data controller and which contain an expression of opinion which appears to the court to be based on the inaccurate data.

The Court can Order that they remove or destroy the wrong data and update your credit file.

Can I clarify anything for you about this today please?


Customer: replied 2 years ago.
Is there any way og getting any arbetsresa for the months of worry and having a man Phone yesterday evening saying he was from debt collection ertc?
Expert:  Ash replied 2 years ago.
It is possible and a Court can award that under Section 13 of the Act. But the Court needs to be satisfied that the information is wrong fist.

Can I clarify anything for you?

Customer: replied 2 years ago.
Sorry, had to take dog for Wall.
Thank you for reply.. Will do as you suggest.
I suppose I really wanted a legal adviser who could contract EE as I have had no luck sincerely July 1913 although every time we went in to shop we were tolv not to worry as everything had been taken Care of. So you can imaginära my dismay on receiving a letter Tilling us to pay up or legal proceedings will begin quickly followed by an evening telephone CALL from a debt collectors. Very frigjtening as I have not had an unpaid debt in all my life.
Many thanks for your help.
Sincerely Suzanne Daintith
Expert:  Ash replied 2 years ago.
Yes I can imagine, we can only tell you what to do, we are a question and answer site, we can not be instructed.

But the process is quite simple and straight forward.


Expert:  Ash replied 2 years ago.
Can I clarify anything for you about this today please?

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