MyCRA Specialist Credit Repair Lawyers

Tag: Telecommunications Industry Ombudsman

  • Slap on the wrist for Telstra under TCP Code

    global roamingTelstra customers were overcharged over $30 million on global roaming charges between 2006 and 2012 – and under the new Telecommunications Consumer Protection Code (TCP Code), the telco giant has been issued a formal warning from the Australian Communications and Media Authority rather than a fine.  Is the TCP Code effective in asserting real power over telcos? This is an issue we have been and will be watching closely, as it is of great importance to many of our credit repair clients. We examine this case in detail.

    By Graham Doessel, Founder and CEO of MyCRA Credit Rating Repair and www.fixmybadcredit.com.au.

    Customer complaints about telcos are astoundingly voluminous – with recent statistics showing there were 22,918 mobile complaints to the Telecommunications Industry Ombudsman in the January-March 2013 quarter alone.

    The TCP Code, overseen by the ACMA was devised in order to encourage better behaviour amongst Australian telcos who were doing pretty poorly in many areas according to the ACMA’s report into their extensive telco inquiry, Reconnecting the Customer.

    Since the new TCP Code was registered in September 2012, the ACMA has been checking the compliance of telco providers with key new consumer protections – including new advertising rules, the requirement for Critical Information Statements and the requirement for providers to submit their own compliance assessments to industry body Communications Compliance.

    The ACMA reports it has:

    Made over 330 inquiries with providers about TCP compliance issues

    Issued 8 Formal Warnings and

    Given 3 Directions to Comply.

    The Telstra case is a significant example. The case in a nutshell, was reported by Adam Turner for Brisbane Times:

    Australian Communications and Media Authority has let Telstra off with a warning after the telco waited three years to investigate a billing error through which Australians travelling abroad were overcharged by about $30 million for services. About 260,000 customers were affected by the error between 2006 and 2012, caused by incorrect data-usage details being passed to Telstra by a data-clearing warehouse used by international carriers. As a result, some Telstra customers paid the 50¢ flagfall fee more than once each time they used mobile data on their phones while travelling.

    Customers raised concerns in 2009 but Telstra failed to investigate the problem until 2012, when it reported it to the ACMA.

    The ACMA report found Telstra in breach of the Telecommunications Consumer Protection Code, as the global roaming billing errors after 2009 were attributable to the telco’s failure to investigate the problem.

    ACMA found Telstra in breach of the consumer code, but it has the power to issue only a warning rather than a fine.

    Some have argued after the final TCP Code was approved by the ACMA, the end result was a fairly watered down Code with no ‘teeth’ to exert real penalties for breaches. In addition, the Australian Communications Consumer Action Network (ACCAN) issued a statement in July criticising the ACMA for not penalising telcos who breach the code.

    “The ACMA investigation shows telcos are in breach of the TCP Code on a daily basis,” an ACCAN spokesman said.

    “We are encouraged to see the ACMA investigating these breaches. However, the regulator’s unwillingness to hand down even the most basic available penalty for confirmed breaches has the potential to create a culture of poor compliance.”

    This may pan out to be largely right, but this Telstra case may not be the one to base that judgement on. The ACMA went into detail in a release to the media about why it chose to only warn the telco:

    The ACMA’s decision on this occasion to formally warn Telstra for the breach took into account the facts that Telstra was not the original cause of the problem; that this was the first time a billing issue of this nature had been investigated under the TCP Code; that Telstra itself reported the matter; and that Telstra appears to be otherwise currently compliant with the relevant parts of the TCP Code 2012. Importantly, Telstra proactively implemented a comprehensive program of compensation that mitigated the harm for affected customers.

    However, it does highlight the culture of difficulty when it comes to customer complaints which was so evident from the ACMA’s original investigation into the behaviour of Australian telcos across the board, and which has been an issue amongst our telco credit repair customers.

    ACMA chairman Chris Chapman said in his statement to the media the situation highlights the need for telcos to take customer complaints more seriously.

    ”Our investigation makes it very clear that all telcos need to listen to their customers who report billing problems and be vigilant about any potential issues with the information provided to them by third parties,” he says.

    The ACMA’s focus over the next quarter will be on checking compliance with the new requirement that telco providers notify customers on included value plans when they have used 50%, 85% and 100% of their included allowance. This was another major complaint coming out of the ACMA’s Reconnecting the Customer report and one which has also impacted the credit files of telco customers.

    We will be watching really closely how this pans out, and reporting on the positive and negative ramifications for consumers and their credit files.

    Image: adamr/ www.FreeDigitalPhotos.net

  • Vodafone customers – ‘desperate and defaulted.’

    20070920 Image Close up of credit card bill iStock_000003981197Large GDOE 01Media Release

    Vodafone customers – ‘desperate and defaulted.’

    5 March 2013

    A Queensland family should have been relaxing in their newly purchased home after an interstate transfer, but instead they have been fighting Vodafone over a default which saw them lose their house contract – a default which they say, was ludicrous.

    Up till now, Alastair and Nikki Taylor have not been able to join the 20,000-plus Vodafone customers who are mounting a class action against the telco, because doing so could have damaged their dispute case against their Vodafone default listing.

    The default listing which has been proven to be unlawful and finally been removed by Vodafone today, saw them cop what they say, is an unfair and incorrect 5-year default on their credit file.

    “This default was stopping us from getting a home, and it is grossly unfair the time and money we have lost, not to mention the stress it has caused our family,” Alastair says.

    Alastair and Nikki purchased a wireless internet modem from a Vodafone store in Western Australia, but claim they were misled about the internet coverage it would provide.

    “At the time we verified with the sales assistant many times if it would work in the address we intended to move to as we had recently bought a new house. She assured us we would have full coverage. Upon arriving at our new address we found we were absolutely without coverage,” Alastair says.

    He says he contacted the store at least ten times, leaving messages and getting no response.

    “When I did finally get to talk to someone they rudely hung up on me. The next time I spoke to somebody, was when a debt collector called chasing the outstanding money around two months later. I told them the situation but they wouldn’t listen and were only interested in getting the money out of me,” he says.

    The couple begrudgingly paid the account late last year, when Alastair got an interstate transfer. They were told the outstanding account was affecting their credit rating and stalling their purchase of a home in Cairns.

    “We had no idea we were defaulted anyway whether we had paid the account or not. We lost the house we were after, and have had a lengthy battle with Vodafone to remove it,” Alastair says.

    Their advocate, MyCRA Credit Rating Repair’s Graham Doessel says they are certainly not alone in their experience.

    “Many telcos have historically poor levels of customer service and many times customers don’t get what they think they are paying for. What’s worse is when those botched plans end up costing the customer their credit file,” Mr Doessel says.

    The Telecommunications Industry Ombudsman’s annual report, released in October last year shows a rise in complaints about credit default listings. Complaints about consumers being credit default listed while their debt was in dispute increased 18 per cent from 3,700 to 4,370.

    “I am very concerned about the increase in the number of complaints where credit default listings are disputed,” Mr Cohen said “Credit listings can have very significant impacts on people – affecting applications for credit, including for housing and personal loans. Any credit default listing should only occur after the correct procedures have been followed.”

    Mr Doessel says preventing and disputing a credit file default from a telco often comes down to awareness of legalities.

    “Many people don’t know the rules well enough when dealing with these big companies, so it can be a little like David and Goliath and many times the big guy wins,” he says.

    He says his clients encounter difficulties with telcos at many levels.

    “In our experience it’s not just the initial sale of product which is in dispute, but the entire customer service process and often the process of default listing the client as well,” he says.

    He is hoping the very public class action will be a force of change, especially following the introduction of tougher laws for telcos in September last year.

    The ‘Telecommunications Consumer Protection Code’ was pushed through with the guidance of the Australian Communications and Media Authority (ACMA) which have amongst other things aimed to facilitate faster, better complaints-handling, with urgent complaints resolved within two days.

    ACMA Chairman Chris Chapman said at the time the ACMA would put the industry on notice, advising they would take a “far more robust approach” to ensure the industry’s compliance with the new Code.

    You can find more information on disputing a default with your telco at the MyCRA website www.mycra.com.au.

    /ENDS.

    Please contact: Graham Doessel – Founder and CEO 3124 7133

    Lisa Brewster – Media Relations MyCRA media@mycra.com.au

    http://www.mycra.com.au/ www.mycra.com.au/blog 246 Stafford Rd, STAFFORD Qld

    MyCRA Credit Rating Repairs is Australia’s number one in credit rating repairs. We permanently remove defaults from credit files. CEO of MyCRA Graham Doessel is a frequent consumer spokesperson for credit reporting issues and is a founding member of the Credit Repair Industry Association of Australasia.

  • The TIO just got more muscle to penalise Telcos in small business disputes

    The Telecommunications Industry Ombudsman (TIO) reports in some areas they’ve almost tripled their workload  and it has just been given new powers to handle complaints with a higher total value, which should pave the way for the Ombudsman to deal with more small business issues as they relate to the telecommunications industry. We look at what this will mean for small business, and look at general figures for Telco complaints, and how this may affect consumer credit files and credit file listing complaints.

    By Graham Doessel, Founder and CEO of MyCRA Credit Rating Repairs and www.fixmybadcredit.com.au.

    From 1 July 2012, the TIO will have the power to give legally binding directions to service providers of up to $50,000 in value, and to make recommendations up to $100,000. This is an increase from direction powers of $30,000 and recommendation powers of $85,000. There will also be a change to the way it classifies a small business.

    “The adjustment to our monetary limits means that consumers who previously had disputes too large for us to deal with will now have access to our fast, free and independent service,” Ombudsman Simon Cohen said in a statement to the media last week.

    The TIO says the changes will be of particular benefit to small business consumers. At the same time as the constitutional change on monetary limits commence, the TIO will adopt a more flexible approach to defining a small businesses, making TIO services accessible and relevant to these consumers.

    New Small Business Definitions for TIO

    The TIO can assist small businesses with an annual turnover of less than $3 million and up to 20 employees (or up to 100 staff in the case of seasonal operations or manufacturing businesses).

    Even where these conditions might not be met, the TIO will consider other aspects such as the issues in dispute, the nature of the business (for example, whether it is not for profit or it operates from home), and whether the business is independently owned and funded by a small number of individuals who make most of the important business decisions.

    In the past, the TIO would also take into account the amount in dispute and the business’s yearly expenditure on telecommunications. These criteria have now been removed.

    Prior to these new powers, the TIO announced its intention is to expand its role beyond dispute resolution to helping improve telecommunications services. The TIO says it aims to achieve this by contributing to better customer service and complaint handling and working with industry to identify broader issues affecting consumers.

    Consumer Complaint Numbers Through The Roof

    In the magazine TIO Talks, it reported on its most recent survey of TIO services. It counted 52,231 new complaints received between January and March 2012. Almost two-thirds were about mobile phone services – with two significant trends in new mobile phone complaints coming from consumer issues about over-commitment resulting from inadequate spend controls, and complaints about excess internet usage charges. It revealed the staggering figures that numbers for internet data usage complainnts  have jumped 180 per cent in 12 months. The TIO Reports:

    New complaints about overcommitment caused by inadequate spend controls increased to 4,282 in the January-March 2012 quarter, compared to 2,181 in the same quarter in 2011. In the same periods, new complaints about disputed internet charges increased from 981 to 2,823 (180 per cent).

    “It is well known that more internet browsing and downloads are now done on mobile phones and other mobile devices. With this change in consumer behaviour, we have seen complaints about excess data charges almost treble over the last year,” Ombudsman Simon Cohen said.  “The incidence of these complaints will reduce if consumers are only contracted for services they can afford, and where spend management tools such as notifications and usage meters are accurate and reliable”.

    Credit File Listing Complaints from Telco Industry

    Every day as credit repairers, we forward complaints to the TIO about consumer complaints and bill disputes which have seen them not only having billing issues, but having those issues impact their ability to obtain credit through being defaulted.

    We would agree that internet data usage complaints are rampant. Data usage on mobile phones seems to be one of the biggest sources of confusion for consumers. Some clients have trouble understanding their accounts (and often claim the plan they were put on was not appropriate for what they intended to use their mobile and/or internet for), and when they are hit with massive bills, they struggle to make the repayments; others claim they have great difficulty getting billing issues and disputes sorted out at the time they appear, and end up having defaults put on their credit file because they refuse to pay a bill they disagree with; and then some are simply the victim of internal errors within the telco industry – wrong accounts, wrong names, wrong plans, wrong addresses – and all of these things contribute to negative credit file listings that they often don’t know anything about until they apply for credit and are refused.

    Understanding Bill Disputes with Telcos

    MyCRA’s Legislative Compliance Officer specialising in Telco credit listing complaints has given people a few quick tips to take heed of when disputing Telco bills:

    1. Attempt to resolve the dispute with the Telco first. If a bill has just popped up you don’t agree with, let your Provider know, and DOCUMENT ALL CORRESPONDENCE WITH THEM (and document who you speak with).

    2. Get all responses in writing. The matter may seem at an end, but sometimes people believe they have sorted it out only to find out later they have been defaulted anyway.

    3. If the matter can’t be resolved internally, take your case to the TIO.

    4. If at any stage people have a credit file listing from a Telco which they believe shouldn’t be there, they should contact a credit repairer, and give them all the information so far. They can then work on the person’s behalf. Credit file listings can be difficult for the individual to remove. If people request Creditors remove bad credit history, most people are told listings cannot be removed, but can be marked as ‘paid’ if the account was settled. This may not be enough to obtain credit with most lenders in the future, and these listings will be on a person’s credit file for between 5 and 7 years. With their knowledge of credit reporting law, a credit repairer will negotiate with the creditor as well as escalate the matter to the TIO on the client’s behalf if necessary. This gives people the best chance of actually being able to remove bad credit history which shouldn’t be there.

    A New Consumer Protection Code

    A revised Telecommunications Protection Code is currently being considered by the Australian Communications and Media Authority (ACMA) which, if adopted, will require telcos to provide their customers with notifications when they have used 80% and 100% of their data usage in the plan. After 24 months telcos will be required to extend notifications to voice and SMS usage. These changes come after pressure from ACMA for Telcos to offer better protection for consumers, or face external regulation.

    Image: suphakit73/ www.FreeDigitalPhotos.net

  • Telco consumer code on third rewrite for June deadline

    A third shot at a telecommunications consumer code has recently been submitted by Telcos to the Australian Communications and Media Authority (ACMA). The Code submission is an attempt to self-regulate a heavily criticised industry and prevent Government intervention by the end of June deadline.  The Code is intended as a resolution to an 18-month investigation by the ACMA into telco customer complaints. As Telco disputes make up a heavy part of credit rating errors to date, we have been watching the outcome of this situation and how it could impact the consumer’s ability to resolve disputes, and prevent credit file errors and default listings which should not be there.

    By Graham Doessel, Founder and CEO of MyCRA Credit Rating Repairs and www.fixmybadcredit.com.au.

    IT News recently reported on developments of the Telecommunications Consumer Protection (TCP) Code in its article ACMA Sets June Deadline for Consumer Code.

    It reports that the ACMA has committed to deciding on whether to accept or reject a revised telco industry code on customer service and advertising by the end of the month, in preparation for registration and implementation by August 1.

    “We indicated that the previous ones that they had lodged with us wouldn’t secure registration,” ACMA chairman Chris Chapman told iTnews.

    Here is an excerpt from that story:

    It is understood the watchdog has already held meetings to discuss the May revision of the code, the largest revision of which included the concession for telcos to print unit pricing for SMS messages, phone calls and data blocks on outdoor advertising and flyers.

    It has previously opposed the move as unnecessary, despite attacks by consumer representative group ACCAN.

    Chapman threatened in April to directly regulate the industry if it ultimately declined to register the code, even on minor grounds.

    At the time, Chapman said the March revision of the code would be the final one for consideration. But ongoing discussions with industry led to one more version of the document ultimately being considered…

    It was initially submitted to the ACMA for registration in February but has since undergone two revisions as the ACMA declined to register the revised code over concerns it did not meet all recommendations laid out by the inquiry.

    “We absolutely believe that this code is complete, that it meets not just the requirements of the [fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][Reconnecting the Customer] enquiry, it also meets the test of being the best and most sensible code we can put in place to enhance consumer protections and provide a win-win for consumers and the industry,” Communications Alliance chief executive John Stanton told iTnews.

     

    The ACMA  formally invited the industry to incorporate the following changes to its Telecommunications Consumer Protection (TCP) Code in its report Reconnecting the Customer:

    1.Clearer pricing information in advertisements allowing consumers to more easily compare services.
    2.Improved and more consistent pre-sale information about plans.
    3.Developing meaningful performance metrics which allow consumers to compare providers.
    4.Tools for consumers to monitor usage and expenditure.
    5.Better complaints-handling by providers.

    A shake up in the Telco industry is long overdue. Australians have been caught out time and again with botched bills and unresolved disputes with their Telco providers and their credit files have been damaged as a result.

    The Telecommunications Industry Ombudsman (TIO) revealed its findings on the extent of discontent within the industry in a survey of more than 500 Telco customers who had lodged complaints between July and August 2010.

    The TIO survey revealed more than half of consumers reported contact with their service providers five or more times before ringing the TIO. It also revealed most consumers reported spending three hours or more unsuccessfully trying to solve their complaint, with one in 5 saying they spent more than nine hours.

    “Consumers who come to the TIO report spending substantial time and effort solving their complaints,” said Ombudsman Simon Cohen.

    “They report being transferred from department to department, not being transferred to supervisors and, perhaps most frustratingly, getting no solution or a broken promise for their efforts. They are – by any measure – resilient consumers.”

    When disputing bills with the Telco industry, many people are unfairly penalised with a bad credit rating when the matter could have been dealt with better by the Telco in the first place. There is a great number of Telco credit file listings which contain errors, or have been put there unjustly or unfairly. Under current legislation, people do have the right to have credit file discrepancies resolved. But unfortunately it can be difficult for customers if they are not aware of the appropriate legislation and don’t have time to negotiate with creditors.

    MyCRA sends out complaints regularly to the TIO requesting investigations into errors that have found their way onto customer credit files.

    Hopefully these changes will result in less confusion and complaints in general amongst Telco customers and fewer people who have their good name destroyed unnecessarily due to credit file defaults which should not be there.

    For help with removing credit rating errors from credit files, contact MyCRA Credit Rating Repairs on 1300 667 218 or visit the main website www.mycra.com.au.

    Image: David Castillo Dominici/ www.FreeDigitalPhotos.net[/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]

  • Phone bill complaints – the dangers for your credit rating

    Media Release

    15 August 2011

    Customers who are fed up with the process of disputing their phone or internet bills are warned they still need to follow the system to avoid finding themselves with a bad credit rating, according to a national credit file repairer.

    Director of MyCRA Credit Repairs, Graham Doessel says when disputing bills with Telco providers, people make two common mistakes which can cost them their good credit rating unnecessarily.

    “Phone companies make mistakes with billing all the time, and undoubtedly some of those mistakes are difficult to resolve. Where their customers go wrong, is assuming just because they have spoken to someone on the phone about the bill, they are no longer obliged to comply with its due date.”

    “Consumers also need to ensure when they are disputing a bill, they obtain any resolution in writing before assuming the matter is fixed,” Mr Doessel says.

    Under current legislation, an account which is more than 60 days in arrears can be listed by the creditor as being unpaid on the customer’s credit file. This is regardless of whether the customer believes there are errors in the details of the bill or with the payment amount.

    This comes as the Telecommunications Industry Ombudsman reveals unhappy customers experience repeated and time consuming contact with Telcos before referring their matter to the TIO.

    The TIO released findings from its research paper, Resilient Consumers, on Friday, a survey of more than 500 consumers who lodged complaints between July and August 2010.

    The survey revealed more than half of consumers reported contact with their service providers five or more times before ringing the TIO. It also revealed most consumers reported spending three hours or more unsuccessfully trying to solve their complaint, with one in 5 saying they spent more than nine hours.

    “Consumers who come to the TIO report spending substantial time and effort solving their complaints,” said Ombudsman Simon Cohen. “They report being transferred from department to department, not being transferred to supervisors and, perhaps most frustratingly, getting no solution or a broken promise for their efforts. They are – by any measure – resilient consumers.”

    Mr Doessel says unresolved bill disputes with Telcos, where people end up with defaults on their credit rating would make up about one-third of his clients.

    “Many clients get nowhere trying to dispute the bill with the phone company, and end up copping a default on the chin if they refuse to pay the bill.”

    “Some also believe the matter has been resolved. It is not until they apply for credit in a different circumstance that they realise the Telco has placed a default on their credit record,” he says.

    Defaults remain on a person’s credit file for 5 years. Under current legislation, defaults generally do not get removed from an individual’s credit file, but can be marked as paid if they have been paid.

    “Currently, defaults – even those that are marked as ‘paid’, will prevent you from obtaining a home loan with most lenders. In fact, even having a few too many credit enquiries can be enough for an automatic decline” he says.

    Mr Doessel says many people are unfairly penalised with a bad credit rating when the matter could have been dealt with better by the Telco in the first place.

    “It is astounding the number of Telco credit file listings which contain errors, or have been put there unjustly or unfairly. Under current legislation, people do have the right to have credit file discrepancies resolved. But unfortunately it can be difficult for customers if they are not aware of the appropriate legislation and don’t have time to negotiate with creditors,” he says.

    MyCRA Credit Repairs outlines the process they recommend people should take when disputing a bill in Australia:

    1. Contact the bill provider as soon as you receive the bill and attempt to resolve the discrepancy.
    2. Make a note of the name of each person you speak to. Note any resolutions that were reached and request those be sent to you in writing.
    3. If the credit provider fails to honour the discrepancy, advise them you will be contacting the appropriate ombudsman.
    4. If the due date for the bill approaches and the issue has not been resolved, pay the bill by the due date. You can seek reimbursement at a later date, but this will prevent a default for that bill being listed on your credit file.
    5. Hang in there, play by the rules of the game and you should find your matter sorted out eventually. But at least once the matter is sorted out you aren’t left attempting to remove a default on your credit file as well.

    / ENDS

    Please contact:
    Lisa Brewster – Media Relations   Mob: 0450 554 007 media@mycra.com.au

    Graham Doessel – Director Ph: 3124 7133 http://www.mycra.com.au/

    MyCRA Credit Repairs is Australia’s leader in credit rating repairs. We permanently remove defaults from credit files.

    Links:

    http://www.tio.com.au/media_statements/RELEASES/2011/08_12_Resilient_Consumers_Report.html

    Image: Danilo Rizzuti / FreeDigitalPhotos.net