Vodafone,left me a default..confusing case,bt not my falut..causing me HELL! plz help

[Ryanrs]

Hi, im new to this site, got referd by a friend. hello to you all and i truely hope you can help me end my nightmare!

Basically i have a default on my credit file from my old phone contract that i got with vodafone when i was 18 (6 years ago) and even tho experium and equifax credit agency's show my credit score to be Extremely good (not missed a payment in 3 years and a good combination of settled/active accounts etc etc), whenever i apply for credit of Any sort , soon as the computer generated decision system detects the default, it automatically comes back declined!!


Ill explain breifly what happend....

I started a contract fone in 2001, upgraded in 2002, about 1/2 way through the contract, i missed 2 payments in a row,as i had become unemployed.. i was told that my fone has been suspended until i either Bring it upto date, or i can end the contract and basically pay the bill + remainder of the rental.. this totalled to £188.
i chose to end the contract, and apart from the 'Late payments' marked on me credit file, nothing else was to be done at that point. Then they gave me the option of paying up in full or paying installments.. i was hard up for money at the time so i chose installments 7x£25 and 1x£13 .

i missed the 1st of my 7 payments because they never told me that i had to send the payment to them, i thought it carryied on thru my Direct debit that was already set up to pay my phone bill.. but after speaking to them, they setup either a DD or a standing order up to collect the installments ,i can't rember which(altho i fink it was a DD)

12 months later -now 2003 i get a letter from the Debt collectors saying that i have failed to repay a balance of £13 (THIRTEEN blommin POUNDS!) to vodafone and if i dont pay/respond in 24 hours (i do belive it was 24 hours), i face legal action..

So i rang, asked why they didnt take the payment, then i proceeded to pay it there and then..

more recently when talking to vodafone, i was also told that they had tryed to ring me twice about collecting the £13. but there was no answer. hence it was fowarded to a debt agency.i recieved no letters from vodafone about the £13.

Vodafone have put a 'settled' comment on my credit file, but this realy doesnt help at all. they also tell me that they cannot remove the default -but according to the Credit agencys, the only person able to remove it, is the company that put it there in the 1st place! Vodafone also are denying that its there problem and refuse to do anything about it, as, according to them, i missed the payment, its my thought! Vodafone have information/records on there computer still, so i am going to write to head office to get copies of that info.


I have been pulling my hair out so bad over this, because i am pratically black listed! the balance was settled in 2003 but strangely the default wasn't put on to my file until 2005!! so it will remain like this till 2011 if i cannot do anything about it..

to make things worse, my parents are moving to spain within the next year, and im not going with them.. and being as ill be nearly 25, i want to look into geting my 1st house. But i feel this default is going to stop me geting a morgage.. Also i will fail the credit checks required nowdays to even Rent a place!!

[buzby]

I think you've a good case here as Vodafone owed you a duty of care, and this was clearly absent due to their cavalier manner in which they trashed your credit record for just £13.

It is Vodafone alone who can remove the default - you can provide the Credit Reference agencies with an 'Information Notice' but this is never consulted by computers checking an applicant, UNLESS is it done manually. Whay have the Notice...? It was brough in to 'prove' that consumers could still put forward 'their side' of any dispute to redress the balance - and possibly stave off any legal action of diseminating misleading info, but as many have found, it only makes you feel better, nothing else.

Write to Vodafone, basically saying what you have here, the fact at no time were you advised the original DDM would not provide the ability to take the agreed payments. You do not dispute you went intro an arrangement with them, however you made the payments as agreed and had no intention of defaulting on the last amount. Since wou were NOT using the phone, making a phone call ONLY to advise you of a problem was not reasonable - if you had received a letter, you could have resolved the situation and concluded the matter with all speed, but they didn;t bother, and irrespective of the original debt, you were defaulted for just the £13. You feel this is a mopral injustice and you request that your credit record is amended to reflect this.

If the company feels it is unable to arrange this, you feel so strongly about the matter you intend taking further advice to protect your interests, but look forward to an amicable resolution in the meantime.

That just might do the trick!

[Ryanrs]

Ok, thanx for the reply. i think i will send a recorded letter to there Head office, requesting details of my account history, who the debt collectors are and records/copies of any letters / notes & payments/arrangements present on there. i am entitled to copies of all this aren't i ? Can they insist that i pay a fee to have copies of all this information? -i ask this as i know how crafty some of these companies can be!

Anyways, once i have studied the information that i get back, then ill go ahead and write them my letter disputing my issue, following your guidelines. Would this be the best way about it in your opinion?

[buzby]

What you are looking for is a S.A.R - (Subject Access Request), they may impose a fee (the maximum is £10) but I've had a good record of them being provided completely free, so ask first and only pay if they request it. I find the paragraph below helps this process;

Should this matter reach formal litigation, if it is found there have been unfair charges or penalty fees added to my account, I retain the right to recover any Subject Access Request charges that may have been paid.

This makes it a good start, and you then have all the documentation to prepare a formal argument. Good luck!

[Ryanrs]

Ok then, thanks for your help! ill let you know the outcome, just hope it all goes well! Thanks

[buzby]

Don't forget to reactivate this thread when you hear from them!