Vodafone Dispute

[mila]

I had a business contract with vodafone for many years, that has been defaulted by Vodafone for non payment, a payment that I am disputing.

Vodafone have employed Wescot to recover this "debt".

I have wrote to both Vodafone (about default issue) and Westcot (sent a CCA request).

Wescot replied as follows:

"We can confirm under the terms of the Consumer Credit Act (excempt agreements) Order 1989, Article 3 (1) this account is not regulated by the Credit Credit Act ans is enforceable"

My question is, Are Wescot right?

need some help folk, please

mila

[Gary JAY]

Politely write to Wescot stating that you're in dispute with (in this case) Vodafone, and that until that matter is sorted, you will not be paying Wescot Anything!!!

Wescot are not a financial institution so they cannot charge you interest.

You're keeping them in the loop, but you have to instigtate the process against Vodafone as soon as possible.

I had a similar situation with O2 - obviously yours may be abit different - so I apologise if thsi does not suit your situation.

[mila]

Thanks Gary,

I will be writing again, as they have not fully complied to mu CCA request, i.e. deed of assignment etc

[buzby]

As noted in mail, there is no CCA issue.

[mila]

Originally Posted by buzby

As noted in mail, there is no CCA issue.

Buzby

Thanks for the pm, I tried replying but your box is full.

Now that CCA is not an issue, can I still ask for the deed of assignment and if they fail on this, does it mean they (Wescot) cannot enforce it?

[buzby]

You've made a big error - this is a default, not a 'Default'. As the former, this is simply Vodafone's opinion on how you conducted your account. You do not have to deal with a CRA if the account is in dispute. Ask Vodafone to clarify any issues you are unsure of. Did you terminate your contract? If so, why are the billing you?

Nothing can be enforcerd, Wescot are there to collect the cash their client says they are owed. ONce you tell them the amounts are disputed, they cannot proceed further until Vodafone have resolved the issue or proved the debt actually exists.

What is the background to the problem?

[mila]

Had a big bill from vodafone - £440, agreed with vodafone to a payment plan, was paying it off, then was hospitilsed.

When I recovered, continued paying, but they said account was in default. I told them of my illness, but said the dafult would stand.

So when wescot contacted me, thats when i sent cca to them and Subject Access Request to vodaphone

[buzby]

OK - am I right in assuming the payment plan was a result of them ceasing the contract and ending up with a final sum that you agreed to repay? (Rather than an ongoing arrangement with a still active account).

In these cases, when a payment arrangement is made - this is their gesture of goodwill, and payments to account are seen as sacrosanct. Keep up the payments and the issue is resolved, break them and they see this as a failure of the debtor to meet their arrangement and the deal is off.

It is not that they are unsympathetic to issues of hospitalisation and the like, they're simply not relevant to them or their cashflow. You're allowed to pay your council tax in 10 equal installments. Miss one, and the whole rmeaining balance becomes due. Yes, I'm aware if you couldn't find that month's payment, there's no likleyhood if you paying the 6 months outstanding - but they automatically call in the whole balance and Summary Warrant issued.

Whilst Vodafone don't have the same powers as the council, they are put upon by others who see the payment plan as a soft option, and try to milk the system. If Vodafone are owed the money, they I'd continuie to pay what was agreeed, making an additional payments or two to bring it back into line, and refusing to deal with the DCA. By doing so any enforcerment action would be seen as bullying, and place them at a disadvantage.

[mila]

Fair point.

Thanks for that

However this has left a downside to all this, they have stuck a default marker on my credit report

[buzby]

Yes - I agree, however unfair this is - that is one of their sanctions. The positive side is that I reckon 80% of the people who have mobile phone contracts have adverse daya on their file. In isolation, it's not a big deal, and will drop off after 72 months of being entered.

[mila]

I suppose I dont stand a chance in fighting to get the default removed

[buzby]

Never say never. If you explain the circumstances and get back on track, there's every chance. There still will be late payment flags leading to the default which will remain, but keeping in contract and building a reasonable rapport can work wonders.