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fastcasters

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  1. Hi, new to these forums as a member but they have been a good source of info in an ongoing dispute with Vodafone. To explain my situation, sorry if this goes on a bit!! I had been with VF since 2004 and never had a problem with them nor them with me. In Dec 2007 I upgraded my mobile (I am not a constant upgrader, I only changed because my phone at the time was starting to develop "sticky" keys as it was well used and over 2.5 years old). Got the new phone but after 4 weeks it refused to charge - to cut a long story short it was a faulty handset (even after a visit to one of their outlets so they could look at it where they diagnosed faulty battery). Contacted VF and then the probs started - they wanted me to jump through hoops to get a new phone. I argued that as part of a fair and reasonable service as per the contract they should supply a new phone directly without me having to package it up and send it to the manufacturer for repair (even though this was a VF special "exclusive" to them) and still pay for the services while the phone was unavailable. Things got out of hand and ended with me terminating the contract as I was still paying for a service that I could not use. They then demanded payment for early termination. I flatly refused and a series of letters went back and forth with the last from VF in June saying they were calling in a DCA. A letter duly arrived from CAPQUEST in June 08 and I have to say if I had not been reading these forums I would have been scared - the semi-quasi legal speak and use of grammar was clearly designed to frighten and convince that court action was forthcoming. There then followed a series of letters between me and CAPQUEST and a number of phone calls from them - during this period I made an offer to settle but it was refused. I called their bluff all the way through the process (CAG gave great info on the Solicitors letters from HL Legal they send out, which are nothing more than paid letterheads for which they pay pennies for - I think the postage costs them more). I last heard from CAPQUEST in November - they either lost interest or VF stopped using them. Presumably it was the latter because in early Feb this year I received a letter from VF stating I still owed the full balance of the termination fee and saying they were instructing a DCA to pursue the money. A letter duly arrived in the same month from another DCA (Garlands). Same threats and quasi legal language - I responded by stating the previous history and added that this was now amounting to harrassment as I felt the constant threats of court action were simply out of order. I asked that there be no further contact and that if they wanted to pursue court action then they should do so (I also explained that I had made an offer or payment). I received a phone call a week later where the chap on the other end was "concerned" that I wasnt fully understanding the consequences of my actions - I explained to him that I while I appreciated his concern I did indeed understand the possible consequences. I have heard nothing since then from Garlands or VF. BUT - I have just processed my Credit report and VF have registered the "default" The contract has now ended and the notes on the credit report state "agreement ended". So, my questions are: Are VF allowed to contine to report the default if the contract is over? (in a letter they state I was in contract until Jan 09 hence the termination fee) Is the fact that they appear not to want to go to court over this matter so it can be resolved one way or the other a factor in my favour to having the default note removed? Is the six years that the note remains on my file allowable from a legal perspective (i.e. Data Protection Act) if the contract has ended and no judgement ever made If there is no legal allowance to keep this note what courses of action are available to me that will put onus on the credit agency to remove the note I ask the first question because I saw a mega thread from a person who argued successfully that keeping the default on file after termination of the contract was in direct contradiction of the Data Protection Act (VF agreed to remove the default AND pay compensation) Apologies for the long post and nooby questions at the end (and no, not expecting straightforward answers because I realise this stuff is never straightforward, they are there more for thoughts and ideas) but any help comments would be appreciated - feel free to ask questions if I need to clarify some of the above Thanks, S
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