Voda default details errors in reply?

[fuzzywuzzy]

As written in thier reply to my S.A.R - (Subject Access Request).

1. Contract to mobile number started 27th Feb 2004 and in contract untill 27th Feb 2004

How can you actually deal with idiots like this.

Is there anyway I can use this against them as they wont produce any other details of the agreement or the default letter that i did not recieve.

So surely what they say must be true

[snu]

They don't have to provide you with a default letter, it's not a credit agreement.

[buzby]

Just point out the error of their ways and ask for accurate information to be supplied.

[fuzzywuzzy]

Hi Snu

I have spent many hours reading different threads.

The Default Notice was sent in 2004 I have asked for a copy, from what i have read on CAG if they have sent it then they need to supply a copy of the signed Default Notice as sent to me.

Surely If they didn't need to send me a Default Notice then they would,nt have bothered as Vodafone definitely don't do anything to help anyone.

I am pushing for all information as I disagree with the amount Defaulted in my file.

Hi Buzby
I Have written a letter and will contact the Information Commissioners Office they are stalling on the access request I sent and with holding information.

Can you confirm regarding amounts for default. I read on here yesterday that defaults are from £200 to £1000's does that mean below £200 they can not default? i have never heard of this before
Just need clarification

Thanks

[buzby]

You're doing fine, but confusing the 'default'. There is no CCA Default, simply they've stated you are in default for not paying your bill. Effectively, was used to be called a Final Notice/Demand is being called a 'default' to give it a bit of credibility, but the truth is anyone can say anything is in 'default' if they think it is. So, they don't have a requirement to issue or ensure you receive a Default Notice, and there are no cash limits that make this any more or less legitimate.

For your Information Commissioners Office complaint to proceed, you will have to send them a copy of your RD slip of your original S.A.R - (Subject Access Request) request, to substantiate the 40 days have passed without the information being supplied. Nothing will happen without this, so if you didn't get a posting receipt, the Information Commissioners Office will be a dead end.

[fuzzywuzzy]

nothing leaves me with out being recorded delivery.
I have also had to prompt them twice via recorded delivery

The problem I have is, I can not dispute the final amount with out having any paper work of the figures through the contract to do my own calculations.

So i have no choice but to Information Commissioners Office.

Thanks

Fuzzy

P.S if there is no CCA issue or no cover bythe CCA how are they allowed to enter Data into my credit file ? i do get confussed by this as i have read through different threads

[buzby]

They can enter the data because you agreed to them doing it. The term 'credit data' should be more properly referred to as 'financial data', but as it only concerned with the money you owe (as opposed to the money you have) they're only interested in the debit balances you have at their clients. It seems now that every firm wants to provide provide data from your transactions because only then can they look at the files and see what you might be like as a customer. It is the CRA's that stipulate that if you want (as a firm) to look at their files, you must first ensure you are in a position to supply them with data also.

[fuzzywuzzy]

Originally Posted by buzby

They can enter the data because you agreed to them doing it.

Wouldnt i have signed something for this, can I ask for a copy of it.

The term 'credit data' should be more properly referred to as 'financial data', but as it only concerned with the money you owe (as opposed to the money you have) they're only interested in the debit balances you have at their clients.

Cant work this bit out?

It seems now that every firm wants to provide provide data from your transactions because only then can they look at the files and see what you might be like as a customer.

Right ok, so they only supply so they can view? Is that right

It is the CRA's that stipulate that if you want (as a firm) to look at their files, you must first ensure you are in a position to supply them with data also.

So they can actually do this with out being covered by a Consumer credit Act agreement? but some where surely i have signed an agreement?

Fuzzy

[buzby]

1) Not necessarily. Online and telephone transactions will state that T&Cs apply, and payment of a monthly contract confirms your acceptance of these conditions, whether you read them or not. No signature is required.

2) You don't need to have a CCA registered agreemnt to have your data stored by a CRA.

3) Yes - CRA's only provide access if the firm agrees to provide details on their clients.

4) It is credit data, not 'Consumer Credit' data - any firm can provide any data about you F you give themn permission!

[fuzzywuzzy]

OK with you now.

So regarding the Default Notice they never sent but say they did, as they don't have to send it then it doesn't come into play at all?

They have written "we sent you a default notice on the 27th April and as we had no response from that we sent your File to Westcott on the 27th April?

Sounded strange as i couldn't of received it within 27th April.

Am I with in my rights under a Subject Access Request to ask for a break down of charges?
Which would be a print out of how the invoices were totaled.

I have received a 1 page statement that has full amounts of each months bill, and agents fees totaling £212 the full amount that i was defaulted for.

no money of my default was for invoices.


I have no way of breaking these full monthly amounts down to know what I was billed for.

Thanks

Fuzzy

[buzby]

Since they don't have to send you a default notice, theyr system can be set up simply to be flagged as 'in default' on a set date and the collections proceedure just kicks in from there.

Even without a Subject Access Request, you are entitrled to a clear, concise and accurate bill fore services rendered (or a copy if you never received them). You are also entitled to query any amounts you feel incorrect and you can lodge a dispute until the matter is explained. The Subject Access Request simply shows you a printout (usually in crypric form) of the 'pages' taken from your account onscreen. If you need the amounds broken down, ask for this.

[fuzzywuzzy]

Originally Posted by buzby

Since they don't have to send you a default notice, theyr system can be set up simply to be flagged as 'in default' on a set date and the collections proceedure just kicks in from there.

No.. they definitely have written in their reply that they sent me a Default letter, surely if they claim a letter was sent, irrespective of if they had to or not, then they need to back this up by providing me with a copy of the signed notice, as i have never received a Default notice from them.

They have also written "as a result of no response to this default notice" my account was sent to westcot. Which reads as if they were waiting on a reply from the Default Notice before sending my account to Westcot, so their actions on my account was based on the Default Notice that they say they sent.

I feel the Default Notice plays a much larger part in this than if it did not exist, and was never sent.

But as it does exist in their actions and directed my account to Westcot then I feel i have to pursue this further.

I'm sure it will be a slow process but will update as it goes.

Thanks for the replies
Fuzzy

Fuzzy

[buzby]

Either way, whether they sent you a default notice or not, their subsequent actions are still deemed to be correct and lawful. The fact you didn't receive anything could simply be explained as 'unfortunate' and not affect their recovery processes. It would be better to resolve the fundamental issue than pursue the mechanics of what may or not be an error/incompetence by their staff or computer processes. At the end of the day, this 'notice' is nothing more than a confirmation of their dispute with you, noting more. Keep us posted!

[fuzzywuzzy]

received large envelope with a breakdown of all my bills in detail numbers dialed, messages, picture messages etc. and this is back in 2004 so any one reading keep pursuing your S.A.R - (Subject Access Request).

It seems they only send this information when fully pushed to do so with a threat of being reported for failure on the Subject Access Request.

It reads i apologies as I thought i had requested this information to be sent to you but it appears this did not happen ( no shirt sherlock)

The paragraph below was in response for a copy of the Deed of assignment (if thats right the paper that authorizes them to process my data for Voda under the data Act)

Westcot do act as one of our debit collection agencies; our relationship with them is framed at a company level and not at an individual debit or customer level.
Therefore no reason why anything specific about the referral of your account to our agent should appear on your record.
They simply act as an outsourced agent/employee rather than in their own right - they collect outstanding monies on our behalf.

Can any one expand on this for me

Many thanks
F

[callumsgran]

Yeah basically they dont have your details, just the amount of debt they are going to chase you for! as per instructions from vodafone

[fuzzywuzzy]

Originally Posted by cillitbanger

Yeah basically they dint have your details, just the amount of debt they are going to chase you for! as per instructions from vodafone

Doesn't that mean they are discussing sensitive information of mine ( my debit)with a thrid party.

They have to have my details to contact me?

Westcott are an independent company, or an in house. If not in house I always thought a permission note had to be passed.

I can not work out the actually base line she is trying to get

I'm lost?

[buzby]

Yep - your contract will allow them to pass on any debt for external collection, the data on the Subject Access Request may only have a 'Flag' showing the involvement of a DCA. On my Sky Subject Access Request, a line in the Narrative simply said. "Account Closed. Debt referred to Lowell for collection."

They'll be given only the amount due to collect and all the contact details they have on you. Nothing else. If you wanted to be sure, you could ask Wescot and Subject Access Request them... but a bit expensive!