Default Vodafone, HELP

[orfoster]

I have recently had back a full disclosure from Vodafone as they are asking for a amount of money for 18 months contract, I ONLY signed for 12 months in the shop and know this, I have asked them for the copy of my orignal contract four times, these are the responses

1. The copy of your contract is on the way

2. The copy of your contract is on the way to your home address and has been printed in my office (taken from a memo on the disclosure)

3. I have sent the contract to your home address, this arrived but with no signature in the box and was a blank copy.

4. Letter covering the Data Protection Disclosure telling me that the copy of my contract is held in a secure area which doesn't bring it under "personal data" and will not be given under the data protection act.


They have served defaults on my credit rating due to the amount i owe them but is in dispute and won't provide me with a copy of my contract, is this right???

Vodafone Never sent me a letter saying they were defaulting me and according to my credit file i have THREE defaults from them!!
Please help.

[pford]

have a read of this thread some very good points made in it

[SurlyBonds]

Originally Posted by orfoster

I have recently had back a full disclosure from Vodafone as they are asking for a amount of money for 18 months contract, I ONLY signed for 12 months in the shop and know this, I have asked them for the copy of my orignal contract four times, these are the responses

1. The copy of your contract is on the way

2. The copy of your contract is on the way to your home address and has been printed in my office (taken from a memo on the disclosure)

3. I have sent the contract to your home address, this arrived but with no signature in the box and was a blank copy.

4. Letter covering the Data Protection Disclosure telling me that the copy of my contract is held in a secure area which doesn't bring it under "personal data" and will not be given under the data protection act.


They have served defaults on my credit rating due to the amount i owe them but is in dispute and won't provide me with a copy of my contract, is this right???

Vodafone Never sent me a letter saying they were defaulting me and according to my credit file i have THREE defaults from them!!
Please help.

This is typical Vodafone bulls**t and delaying tactics... read the Default Hell thread about the Data Protection Act issues, they are totally wrong... if the contract has even as much as your name and address on it, it wouldn't matter if they stored it on the moon, let alone a "secure area"(??) it is still subject data as defined under Part 1, Section 1, subsection 1:
"personal data" means data which relate to a living individual who can be identified-

(a) from those data, or

(b) from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller,

and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual;

And just WTF do they think they're smoking with this "secure area" bull??? I could say my kitchen was a secure area because it's got an intruder alarm detector in it and a lockable back door. It is typical nonsense from some £9k a year admin-centre amoebas-for-brains Muppet.

What they do have is a legal obligation to keep it secure. But, to claim that they keep it so secure that even they can't get to it is just about the funniest thning I've heard about a Data Protection Act matter in a loooooooooong time.

MI5 might keep a file on you - and they must be slightly more secure than a so**ing mobile phone company (a bit?) - and you can request to see that under the Data Protection Act and Freedom of Information Act.

What you could do, of course, is write to them and say that you're going to complain to the Information Commissioners Office because it appears that they've been so secure that they've lost it... lost your personal data, they can't trace it, and therefore they have not fulfilled their Data Protection Act duty in relation to protection of your records.

Also, just drop in the little matter of Durant v Financial Services Authority [2003] EWCA Civ 1746, Court of Appeal (Civil Division) - in your particular circumstances - there's about another 200 case laws in relation to other refusals.

I'd bet they'd soon damn well find it if they needed to go to Court to sue you! Do they really think that the whole World is stupid?? (US Presidents, excepted!)

So, by their own illogical argument, if they can't get to it, then no contract exists, so you don't owe them anything, because they can't show you signed anything.

Or, if they do know where it is, then they have to go fetch.

Either they know, or they don't... or is it won't?

Either way, you have them by the proverbials.

[orfoster]

haha i love that reply! I might print it off and frame it on my wall. Yes vodafone have been causing me quite abit of stress about this. They won't send me much about my account but i have copies of their internal memos about me in which they say "the copy of my contract has been printed and sent" it never reached my door. I know full well i never signed an 18 month contract. So i have made up a letter and have sent that in first class to complain, i think its the one Neo made up for the other girl about almost the same thing. They have put THREE defaults on my credit file and none of which they ever sent me a letter for.

[Tinkerbelle]

Bar Stewards

Good Look with it all... I am pretty sure you will get them removed

[SurlyBonds]

Originally Posted by orfoster

...but i have copies of their internal memos about me in which they say "the copy of my contract has been printed and sent" it never reached my door...

A phenominal piece of evidence to show they are lying...and I use that word unreservedly. Make sure you don't lose that, it is critical for both the Information Commissioners Office and the Court.

So go for the kill and get it over and done with.

Stat. Notice and cover letter to them to remove the default markers
a) along the lines of lack of contract to prove that you ever under agreement with them
b) and there was never a contract in the first place allowing to disclose data
c) that contract is dead, with all the embelishments on the Default Hell thread about permission dying with the contract being shot.

and also tell them to stop disclosing your data under the same principles and the permissions that have expired in the contract and your rights under the Data Protection Act.

21 days to some up with some evidence or they can STFU and JFDI.

If they don't reply with hard evidence then take the BarStewards through your local County Court - I doubt if they even bother turning up, the size that Vodapain are.

The End.

P.S. Why are there three markers? Are you saying one for each of the three CRAs? or three markers per credit file? I've never heard of three data entries for the same account with one agency... they can't post updates on difference entries...it's not a blog, it's a credit file!?!??!

The purpose of a credit file is to show the current and historic status of the account, and that is always within one entry, unless you have separate accounts.

[orfoster]

It may be one default notice, (i don't know as i never had any notice)the credit file company show one for may, one for june and one for july. Not one for August yet. Does that mean three entries or just one being carried over??? It just looked like three to me. Thank you for taking the time to reply, i have sent the letter in demanding my contract and if not they are to remove the notice.

[orfoster]

Still no reply from Vodafone to my letter requesting a copy of my contract and copy of default notice. They were given 14 days and that runs out on Tues so we shall see, why am i not expecting them to reply. Not too sure where to go from there?

[callumsgran]

You havent been defaulted yet orfoster, the credit file is showing that you are 3 months behind with payments is all! when they default you they will have to serve you with a default notice!

[orfoster]

Lol i knew that, i was just testing you! Its confused me as it says on my credit file "default" so i thought i'd had one. They still won't provide me with my contract though as i only signed into a 12 month one and they are charging me for and 18 month one.

[callumsgran]

Doesn't matter how long the contract is for, they have to supply it on demand! if you've sent a Data Protection Act they have to comply.

[orfoster]

the copy of my contract and i quote from the Data Protection Act response "is held in a secure area which does not bring it in line with the data protection act and is not personal data so we are unable at this time to provide this to you, we are however able to supply you with a screen shot of our computer showing the contract is for 18 months" they have charged me £300 for the extra 6 months. They haven't responded to me which i do find very rude.

[callumsgran]

send them this, adapting it to suit your needs!
LETTER BEFORE ACTION
Section 7 – Data Protection Act 1998

Dear Sir/Madam

Account: xxxxxxxx

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated (Insert Date). The disclosure of personal data is incomplete in that at least the following documents are missing.

(Adapt this next section to your situation)

1) You have failed to provide a complete list of transactions and charges.(Add details of missing period - or a transaction that you know about which is not included)
2) You have provided no notes, or documents relating to any legal action between you and myself.
3) You have provided no notes, or documents relating to instances of manual intervention.

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

You have a further (Insert number of days remaining) days to comply.

Yours faithfully,

[ffocus]

This may help. I havent got a result yet. But its prob worth a read.

http://www.consumeractiongroup.co.uk...light=vodafone

[orfoster]

After sending the above letter, this is the response i got from Vodafone.......

Dear Oliver

REQUEST FOR SUBJECT ACCESS

Thank you for your letters of 3rd August and 1st September 2006. I am sorry that you have not recieved an earlier request. I had contacted the team that had originally agreed to send out your contract/airtime agreement and asked them to progress this matter. I had not realised that they had not done this. I have chased this matter with them and I understand that this request should have been actioned.

There seems to have been some confusion over how and where we store a copy of the terms and conditions. My understanding is that the acutal copies of the signed airtime agreements are stored in secure archive, which as I advised before, is not organised in a manner that is covered by the definitionof "personal data" as defined in the recent court case, Durant v FSA. However, we are able to print off a copy of the standard terms and conditions from our customer management and billing system via your account. I understand that is what you will recieve from the team referred to above.

I am sorry for any inconvenience and confusion caused but I hope that you have now referred the relevant information. Of course, if you are still unhappy, then you have the right to complain to the Information Commissioner as you have advised.

Amanda Chandler.




Well the copy of the contract they gave me was sated as signed 1.9.06, somehow not the agreement i signed in July 2005 and DID NOT have my signature on it at the bottom, i am looking for the original copy of my contract that I signed. Do they have to provide it to me or can they fob me off with this letter?

ANYONE??