Vodafone default

Chimera · 15th July 2006, 14:04

DOn't know if this is the right board to post on, but I started my process to try and get default removed from vodafone today. Sent first letter recorded delivery.

I split with ex and couldn't pay bill. Paid it up the day after I sold house. Didn't think anything of it, until I looked at my credit file last year and saw it had defaulted - can't remember anything being sent - would ahve remembered I think!!

Anyhow's didn't think I could do anyting about it, until I found this site, actually untill yesterday and I've been on here for a while.

The aim is to repair my credit rating and pay off some debts so I can get a decent mortgage. Had a mortgage advisor round last month, and I can get an OK mortgage, but if my credit ratings better I can get the mortgage I want!! So, all I need to do is make sure I have no late payments, pay off some c/cards and remove the default - not much really - lol. But I'm on a mission, and if I do get my dosh backf rom all companies I reckon I can pay off 1/4 of my outstanding debts. Yeahhhh!! hopefully more!!

caro · 16th July 2006, 03:22

Got to be worth a go. Keep us posted.

MrMatteh · 16th July 2006, 07:33

Your one problem with Vodafone and Defaults is that Mobile Phone contracts are not regulated under the Consumer Credit Act, so they do not have to send you a default notice, or even keep copies of your statements or anything - so a Data Protection Act request to them for this would prove useless...

For some reason, mobile phones and the CCA seem to be a grey area, but after weeks of research (see some of my posts regarding Orange) it appears they are in fact correct in saying they are not regulated by it.

So, what Ive had to try, is sending a request, under S. 10 (I think) of the Data Protection Act, which basically demands Orange to stop processing my Data to third parties. I have it under good authority that this *should* automatically remove the default.

Keep me updated on how you go,

Take Care..

MrMatteh · 16th July 2006, 07:35

Forgot to add a link to what it is im talking about..
here it is:

http://www.ico.gov.uk/documentUpload...nformation.pdf

Chimera · 16th July 2006, 12:47

Quote:

Originally Posted by MrMatteh

Your one problem with Vodafone and Defaults is that Mobile Phone contracts are not regulated under the Consumer Credit Act, so they do not have to send you a default notice, or even keep copies of your statements or anything - so a Data Protection Act request to them for this would prove useless...

For some reason, mobile phones and the CCA seem to be a grey area, but after weeks of research (see some of my posts regarding Orange) it appears they are in fact correct in saying they are not regulated by it.

So, what Ive had to try, is sending a request, under S. 10 (I think) of the Data Protection Act, which basically demands Orange to stop processing my Data to third parties. I have it under good authority that this *should* automatically remove the default.

Keep me updated on how you go,

Take Care..

Sounds good. I'll keep you updated on any reply to the letter and keep up to date on how you are going. It's really silly, because it was only for £310, not a great amount of money compared to some, nad it is the only default on my file... IT's really affecting my ability to get a mortgage!!!

MrMatteh · 16th July 2006, 19:03

As long as its causing you substantial unwarranted damage/distress your welcome to use the s.1o Data Protection Act - known as a Data Subjet Notice.

In fact, there is a template letter for this under the Bank Templates on this forum, but obviously that is aimed towards banks so if your sending it to a mobile company needs a bit of changing, but thats easy!

Chimera · 17th July 2006, 21:52

I have just looked at my credit record again, and noticed that the default was placed on the account on the 11th may. I know I paid everything off at the end of april. I sold house on 27th april and paid everything off in the days that followed... hmmm... I beed proof really.. I will have to ask the bank.

MrMatteh · 17th July 2006, 23:39

hehe - i know your feeling!

You need to read my thread about Orange and the default theyve given me!

hehe

Chimera · 18th July 2006, 00:06

Quote:

Originally Posted by MrMatteh

hehe - i know your feeling!

You need to read my thread about Orange and the default theyve given me!

hehe

I have done mate... they are a knightmare!! how's it going for you? Heard anything yet?

MrMatteh · 18th July 2006, 05:44

Not yet, Im intrigued to what reply Im going to get though...

If they dont take the details off my Credit File then Im deffo going to complain to Information Commissioners Office though, theyre so blatantly in the wrong!

Chimera · 22nd July 2006, 09:05

They have cashed my £1 cheque - went through on Thursday... no reply as yet though

Chimera · 26th July 2006, 18:45

Right.. so they have cashed my £1 cheque.. and I have recieved the following letter - no copies of letters etc.. so what did they cah the £1 for? and some very interesting grammar in there as well... do I just send the standard reply back... with copy of the first letter, and remind them that they have cahed the cheque?

I am writing in response to the quesry that you raised in reference to the default you found on your credit file.

Having investigated your query I have found that the deafult relates to the above account that held Vodafone Ltd.

I can confirm that your credit file with experian, Equifax and Callcredit has been updated to show zero balance outstanding and satisfied, as the outstanding debt has now been paid in full.

As the account was passed to an external collections agancy for non-payment, the defalt and late payment recorded are valid and will remain on your credit file for six years from the date of the default, to show a true reflection of your payment history.

I can confirm we wrote to you on 20th February 2005 to advise that if a payment was not made we would pass the debt to an external agancy and a mark of bad debt would be registed on your credit file. I regret I am undable to provide a copy this letter, as the computer sends it out automatically. However, when it is sent the account is marker.

If you would like copies of your records, please write to our Data Protection Manager, ............. (ADDRESS)

I hope that this now resolves any queries you had.

Chimera · 26th July 2006, 18:46

also just noted that the account was 'settled' in sept 2005.. which it was not.. it was settled in april 2005

Pretty slap dash

Ihatebanks · 26th July 2006, 19:06

Quote:

Your one problem with Vodafone and Defaults is that Mobile Phone contracts are not regulated under the Consumer Credit Act, so they do not have to send you a default notice, or even keep copies of your statements or anything - so a Data Protection Act request to them for this would prove useless

I have spoken to Information Commisioneers office regarding 2 defaults from Vodafone (BTW Vodafone don't have a copy of the contract) they are going to carry out and assesment they seem to think that due breach in processing I can get them removed.

It make my blood boil that mobile phone companies are not regulated by CCA but can report to CRAs

Does this mean that the Milkman can inform the CRAs if you dont pay him one week after all its the same principal

Chimera · 26th July 2006, 19:17

So, should I send them a letter back? getting confused

danjuan19 · 5th August 2006, 03:16

Hi Chimera, been reading through yout post, i also have a default from vodafone that i would very much like rid of, it's seriously destroying my credit file!!! have you anymore recent updates?

Dan

Chimera · 5th August 2006, 12:17

NO... I have had no letters from them since I sent my response.. They have another 8 days to reply..

5th August 2006, 13:12

I thought I would show you this that I did for someone. I've reworded a few bit for you.

Quote:

Dear Sir/Madam,

I received your letter of xxxx and note your position.

I ask you to reconsider your position on removing the default. Namely on the grounds that this debt was paid in full before the default was registered not with standing other martial facts as outlined in previous correspondence.

I have taken advice on this matter and am now of the understanding that as the default has both damaged my reputation and caused loss of money (non status loans amongst others) and since that I dispute the validities of the default I have grounds to sue you in the courts for both the removal of the default and a award for damages.

I am now putting you on notice that unless you agree to the removal of the default within 21 days I intend to start proceedings in the County Courts against you for removal of the Default & Damages within the discretion of the Court limited to £4,500.

I would like to avoid this and as the facts are strait forward I urge you to reconsider your position of the xxx July and remove the default without the need to involve the courts.

I appreciate your attention to this matter and I look forward to your reply.

Yours Faithfully,

Chimera · 5th August 2006, 13:21

Thanks Zooman.. do I send this, when their initial 28 days are up?

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