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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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After 12 months of attempts to resolve my complaints this a

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after 12 months of attempts to resolve my complaints this a mobile phone service, i issued the company with a notice of deadlock as they had failed to provide me with a resolution i was happy with, as a result i informed them that the contract would be suspended untill we could reach a descion.
2 years on they have passed on the debt to a debt collection agency who are investigting the matter on my behalf.
EE/Orange are denying any knowledge of my complaints or notice of deadlock.
At the moment i currently have 6 defulted payments on my credit due to this.
How do i go about fighting this?
My name is ***** ***** I am happy to help you today. It seems to me that the mobile phone companies might be processing your personal data in properly - if there are complaints on going but they have registered default against you this may be grounds to make a complaint to the Information Commissioner or to sue them in the county court under the Data Protection Act. I suggest that you write to the mobile phone companies and give them 14 days in which to resolve this matter and to remove any defaults that have been registered against you improperly. If after 14 days no action has been taken to resolve the matter then you will need to start a claim in the County Court for damages and also an order that the default be removed from your credit files. I should point out that you cannot make a dual complaint to the commissioner and also sue in the County Court you have to do one or the other.
Customer: replied 2 years ago.
So whilst I feel that a have a claim against the debt and they are not resolving the situation then they have not legal right to place defaults onto my account and credit rting?
They must process your data properly and fairly. Section 10 of the DPA says that if the processing of your data causes damage or distress you can claim compensation and ask for the data to be corrected. If they refuse to do this even asked the court to make an order. Processing defaults where there is a dispute about the account is likely to be considered improper.
Customer: replied 2 years ago.
Orange / EE claim they have no reference to any of my complaints, i have requested this information via freedom of information act, however i am a little concerned that they will continue this, despite me having evidence to contradict this.
However what you are saying is that as long as a can prove that i disputed this debt to EE / Orange and indeed with reference to recent events Lowell, then both EE and Lowell have breached their rights by submitting defaults onto my account?
The Freedom of Information Act does not apply - the Act only applies to information held by public bodies eg government departments, councils etc. Your request would be for a subject access request under the Data Protection Act - you would also have to send them a fee often as much as £10 to get a copy of your file and the data they hold.
Alice H and other Law Specialists are ready to help you
Customer: replied 2 years ago.
ok thank you, ***** ***** I now sort this out, contact EE or Lowell or both??
You should deal with the person who has registered the default on your account as only that person can remove or amend the credit file. There are two issues here - one is the debt which you are clearly disputing but seems now to owned by Lowell (who by all accounts appear to be poor with paperwork although they have a track record of suing for the debt) and the other is the data issue which you must deal with directly with the mobile phone company.
Customer: replied 2 years ago.
So contact Lowell regarding the defaults, which i have already done.
Hopefully they will remove the defaults while they investigate the matter.
However Orange / EE are not responding to any of my correspondence and their stance on the matter is that they have sold the debt on.
If Orange / EE have registered they defaults they are the ones responsible for correcting the information regardless of whether they have sold the debt or not. If they refuse to cooperate you can sue them or complain to the Information Commissioner (the latter being credit charge and often quicker).
Customer: replied 2 years ago.
Orange / EE did 2 years ago, however i was unaware i could fight this, Lowell however have submitted a default every month for the last 6 months, dispite saying they are investigating and my account will be put on hold untill they get a response from EE
That is not right. You are not in default with Lowell plus they cannot register a default on an account where a default has previously been registered. Multiple defaults for the same debt is improper; the correct way of recording is, if the debt is sold, the original account should be shown as settled and a new account opened by the debt purchaser. But multiple reporting for the same debt falls foul of the spirit of the Data Protection Act.
Customer: replied 2 years ago.
Just looked at my credit again, the original default has been removed, however there are 6 defaults 1 per months for Lowell, however there is information on there saying it is being queried
Customer: replied 2 years ago.
so have they followed all the correct protocall, and there is nothing i can do?
Customer: replied 2 years ago.
no i would prefer to disucss on here, should i go to a solicitor for them to go from here or is there anything more i can do at this time. i am happy to pay the remaining 6 months of my contract which would be approx £150, however i would require 0 defaults on my account
In my view that is incorrect. They cannot register a default every month the debt is due - that amounts to multiple reporting. A default is registered once on the account. What they might be trying to show is the debt is still outstanding but repeated default registered is wrong. You should contact them as quickly as possible and ask them to correct the information they have reported. Also if LOWELL accepts the matter is in dispute they should not make that clear on the report.
Customer: replied 2 years ago.
Thank you for your help, one last question, i have an letter from Ian Martyn Exectutive office of ee. in this email he refers to my letter dated 28th december 2013, in this email i informed them that the contract would be entering deadlock and the contract would be suspended untill we could come to a resolution, Ian refers to one of my issues (increased plan prices) and stated the ofcom ruling doesnt apply to my contract as it was taken out to early, however he does not refer to the miss-selling of the contract in the first place.
This is what i am currently disputing with Lowell. their previous response as been that "EE has no evidence of these claims" so this time i submitted evidence. If their stance is the same again, how do i challenge the debt?
Customer: replied 2 years ago.
once this last question is answered i will provide full 5 * rating
Sorry for the delay. The issue regarding the contract is a separate issue to the defaults - are you agreeable to an additional service?
Customer: replied 2 years ago.
how much would this cost?
Good evening. Can I assist any further with this matter?