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Is there a legal angle to this? Should I see a solicitor?

(5 Posts)
BaffledSomeMore Thu 15-Jan-15 21:46:56

I posted before about difficulties with my mobile phone supplier. Essentially my contract finished, I told them I was leaving and got a PAC number, moved to a new supplier and they continued to charge me. I cancelled my direct debit so eventually they wrote to me threatening to hand it to a debt company, wreck my (good) credit rating etc.

At this point I wrote them a strong letter and that got through to them, I had a conversation with head office who agreed that I had been wrongly charged, said they'd cancel the charges and close the account. They wrote to me confirming this. As that was all sorted I didn't ask for any kind of compensation for the time and anxiety etc as I just wanted it resolved.

That was a little over a fortnight ago.

Today I get a letter from a debt collection agency for the unpaid amount that was supposedly cancelled and an additional administration charge. I would assume that they have also made a black mark on my credit rating at this point too.

I have left a message for the person I originally spoke to who was supposed to have sorted this all out but not heard back yet. I am obviously very cross about all this.

I suffer badly from anxiety and this was a contributory element in me recently ending up back on medication including beta blockers. I was very relieved when it was all sorted but am now having visions of baliffs turning up when I'm here with the children etc.

My first route to resolution is I guess through the mobile company but they have thus far been monumentally inept. I was happy to just get it resolved last time but this time I feel that they owe me more than just a sorry.

Am I reasonable to ask for the following:
A full apology
A written confirmation from them AND the debt agency that this is a mistake and has been wiped from the record including any credit reference entries
Compensation to cover the cost of checking my credit rating with a minimum of two major companies (Experion and whatever the other main one is)
An administration charge equivalent to theirs
A further goodwill gesture in recognition of the stress and anxiety.

If this isn't resolved very quickly do I have any legal redress? Fortunately we've not long moved house so I'm unlikely to need to get a credit check any time soon but I'm wondering if they're harrassing or defaming me and whether a solicitor/ombudsman is the best route?

Sorry for the essay.

Footballcrazy Thu 15-Jan-15 22:55:54

Call the phone supplier an speak to a manager an tell them that this is a breach an you are going to there regulators. Ask for a subject access request , normally a tenner but don't worry hopefully they will start to listen as they won't want regulators on there back! Tell them they can start by putting this rite an send u this in writing then tell them you want 100 pounds compensation, if they are in the wrong they will certainly do this. Good lucksmile

MrsSquirrel Fri 16-Jan-15 10:54:59

Have you made a formal complaint using their complaints procedure? You need to do this in writing. The phone company web site should have details of their complaints procedure.

It's entirely reasonable of you to ask for those things you have listed. You can put all that in your written complaint.

If the formal complaint doesn't get you anywhere, the next step would be to go to a dispute resolution service. (The regulator Ofcom doesn't deal with individual consumer complaints.) The main ones are Ombudsman Services or CISAS.

MrsSquirrel Fri 16-Jan-15 10:59:04

IIWY I wouldn't bother phoning them any more. Do all communication in writing. That way you can use the emails and letters as evidence should you need to take things further.

BaffledSomeMore Fri 16-Jan-15 11:39:27

Yes I complained first in November. They replied with a request for information which I supplied promptly and heard nothing. At all. Until the final demand whereupon I wrote to them again and finally that got a response from the CEO's office and resolution. Or so I thought until yesterday.
Have left another message as still no response, mailed the agency and started a complaint to Ofcom.

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