There comes a time, not very often, but when it happens, you appreciate it, this was one of those weeks.............. I must today say thanks to Lee the Vodafone Rep. After all I have been through and all the Departments, both at Vodafone and Apple, Lee has not only been in contact but has also helped to resolve many issues....( still taking Apple to court though)!!!! I cant delve into too much, as been told not to let too much out. But Lee has gone above and beyond the call of customer service, now i see people slating Vodafone on here, but let them have there time to sort things out, and i am sure they will do there best. Lee many thanks for your advice, words, and also the other items, it goes a long way to show that not only does vodafone care about customers even when it isnt there issue, but that they also understand customers frustrations, and try to resolve them with the customer in mind. Many thanks once again, and will be speaking to you again soon.

Just a Quick Update to the situation. After recieving some information and guidance, I am about to embark on a mission, that will see me and Apple in court against each other. I need help with the following; I need to get all the information that Apple has on both my Account, and also any repair reports etc. Now do i just request this in a pre-action letter, or can i ask for it before i send the pre action. I am no longer interested in Apple just returning the phone, for all the messing about I have done i am now more than willing to let this go to court, and hopefully in the papers so the masses can see when they buy a phone, or any other Apple product, and it gets nicked then Apple will willing exchange it for a clean one, without any questions asked. So if any one could help with the above, or point me in the right direction if they think i have missed anything out, it would be much appreciated.

Well another blow now, Police say they cant go storming in for the phone, cause of evidence on wether Apple knew when the phone was stolen, and told me that if they refuse to talk to me, or give/replace the phone then i have no choice but to take them to small claims........

Well had email from Apple: "Thank you for your voicemail. I will be contacting the Police today to inform them of who to liaise with in Apple to get a response on this issue. Kind regards, Margaret ****** Executive Relations EMEA Apple Sales International" She also telephoned to say i had email, and also told me that they will only deal with the police and not divulge any information to me. Great Customer Service......................NOT

Okay guys, just a quick summary: My I-Phone 4 was stolen out of my lorry, it was blocked by vodapjhone, have found out that the suspect has taken my phone into Apple retail store in Regent Street and they exchanged it for a new one. So Apple have my Stolen I-Phone which right fully belongs to me, and are not returning it to me. I am now considering the small claims court to get this returned, or replaced. Full Story: http://forums.moneysavingexpert.com/showthread.php?t=2985900 (sorry if not allowed to external link) I have come here to get assistance with the legal side of things, as i have never made a claim or anything before. Thanks in Advance

will also SAR Cabot, who brought the account, as they may ha received paperwork from next that might come in handy

Would thy send any screen grabs with this letter as i see there isnt a specific point mentioning this type of data?

Thanks cerberusalert, Am determined to take this all they way....... If I had recieved a default notice then this would of been dealt wit way back in 2006, as soon as Cabot contacted me I paid immediately, just wish I had the documentation before default.

Where about do i find the templates for the SAR?

Are Next now going back on what the wrote in the letter that this was my default notice? as they now mention Initial Notice? So if the Initial Notice was sent in October, and gave me 14 days, and they say the default Notice was sent in October too, then what does that mean for me?

well reply from next via email as follows: I have now had the opportunity to review the correspondence relating to your complaint and in particular have reviewed the legal basis on which your debt has been recorded with the credit reference agencies You believe that we should remove the default recoded against you as we have not been able to provide an exact copy of the Notice of Default that was supplied to you and that the initial notice supplied did not comply with the requirements set out under the Consumer Credit Act. I disagree with your assertion as to the contents of the notice however this is not a relevent consideration in the recording of the debt with a credit reference agency. Sections 87 and 88 apply where certain enforcement action is to be taken. This expressly does not include recording a default with a credit reference agency. The High Court has ruled that recording a debt with a credit reference agency does not amount to enforcement action. The relevent provisions are contained in the guidance given by the Office of the Information Commissioner on the recording of defaults by lenders, in particular sections 32 and 33. They state that it is strongly recommended that a" notice of intention to record a default" be served before a default is recorded with the credit reference agency. This notice of intention is explicitly not required to be a formal notice under section 87 of the Consumer Credit Act. Any defect with regard to a notice in terms that legislation can have no bearing on whether it was legitimate to record the default. The form and content of the Default notice would be a point of argument were the matter of enforcement to be debated in court on a claim for enforcement. It is not. The position of the Information Commissioner is that the customer be put on notice of the lenders intention to record a default. This has occurred in this case therefore we remain of the view that we have legitimately recorded the fact that you have not paid us. Please be advised that this is our final response in this matter. Should you wish to pursue the matter through the regulatory authorities that is entirely your prerogative

Well, Strange one really just recieved call fom Next t say they recieved my email and letter, and that they will be sending a letter out explaining the default notice, so by the sounds of it they are still sdamant the dcument is in fact a legal default notice. So my next step will be to await the ICO outcome of looking into the matter, and then decide where to go from there. Have spoken to a solicitor about this who said I should get it overturned, but i know that i couldnt afford to pay for a solicitor to get nvolved, and know almost zero about law and how to go about taking this further, so will be hoping for some better news off the ICO, depending on how ong they take to look and deal with a case

Yeah, I read the bit about the default notice, i have spoken to a solicitor who knows his stuff, and if i get no joy from next, or the ICO will take it further.

But is that not to do with a CCJ, which i havent got, i just want to remove the default from my credit file

Well, have written a letter to send to Next Legal Department, with a complaint about the default notice and asked for it to be formally investigated again, also filled out the online form for ico, and going to email it to them later, hopefully have explained myself clearly, but will read them again later when i got a clear head, to make sure its all clear and easy to understand.

is there a template letter which, mentions about prescribed terms of a default notice, that i could send to them?

Have had a look and decided to make a complaint to the ICO, just found that they take complaints online, well via email, and have downloaded the form. Should i also complain to next and give them chance to recitify the matter, would i be required to do that by the ICO?

I have contacted ICO regarding this, and they are sending complaint forms through post, how precise do i have to be in wording things, as i am not the greatest in explaining myself through written media. What i dont want to do is waste peoples time, if this is all indeed correct, and everyone like cras cabot and next are saying it is, which s why i have come here to find out e definitive answer before i take it further

Have started formal complaints procedure against Cabot, Next, and also formally disputed data with CRA's Then letter of complaint went to the CEO of Next who passed this this onto the guy in legal who said that this is my default notice, and as in the letter they have computer generated prove that the default notice was issued in october

Just attached the letter they sent with it, they have also given a email address for any queries i may have regarding this matter. The bill is paid, and up to date, but want to get default removed, cause i know i never recieved one, and this is hampering my ability to get any form of credit.

This came with a letter from the "GROUP DATA PROTECTION MANAGER | LEGAL DEPARTMENT" In it they state this is my Default Notice, and that it contains all prescribed terms.." This is the letter they sent with it:

After cleaning up my Credit files, and getting DEBT FREE!!!! I finally working on my last adverse data entry...... Which involves a next catalogue account, which was passed onto Cabot, I never recieved a default notice for this, and Cabot said they didnt have one and requested one of next, and they didnt have one. Anyway to cut a long story short, after debating legal action, and talking to the CRA's and other places have finally recieved a default notice from next, despite them informing me they only keep a computer note of when a default was issued.......any way below is a copy of the default notice, which they say are within prescribed terms. My Points are as follows, can this be in prescribed term if you look at the date it is a open date in october 2006, now this could be the 1st of october or the 31st October, now if it is the 31st then with posting etc how can i have 14 days to recitfy the situation assuming that i recieved the said notice in the first place. What are your thoughts, do i just leave it, or fight it, it will drop off in late 2012, but in the meantime this is the only adverse data that is stopping me from getting a vanquish card, or capital one card.

Well, i have SAR'ed both of them, cause spoke to next on the phone, and they say they dont have one or even know if one was sent, and the according to cabot the date they say next defaulted it, and the date that the default shows i completly different, so will just have o wait the 40 days and see what comes back.

just to let you guys know the outcome on this. As i only just recently got the ability to surf again. Thanks to you guys, and the advice here, i posted off the set aside form. I also Subject accessed the company in question, and they decided to remove this CCJ on there behalf saying that no debt existed, and it was a admin error. SO THANKS ALL

Well have sent off the Subjuect access request to both Next and Cabot, although i feel i should only need to deal with Cabot as they are no the creditor, and they have sent the following, as a full and final response. "as advised Cabot does not hold a copy of this document and therefore, we cannot forward the same.We recommend you contact Next to request this documentation. Regretabbly we do not hold any ocumentation such as the credit agreement or default notice. I can advise you that the default was issued in October 2006." Another interesting point is (remember my default is with Next) "we ave an obligation to continue the reporting of the relevant defaults originally registered by Barclaycard to ensure responsible lending in the industry". "I Understand that you believe this entry has been duplicated on you equifax credit file. I can advise you that we have contacted equifax who hve cnfirmed this entry had appeared on yur credit file twice. I can confirm that this entry has now been removed" Dont you just love them, they cant even get the facts correct. Also just rechecked my credit file, to double check on what they and next are saying about when the default was issued, and the date they give dont match the date on credit file which is: Defaulted On:24/11/2006 So what is the next step, do i have a case to take this further, if i take Cabot to court, what would the estimated costs be? I dont want them to get away with something that they never issued, or recieved.