Many thanks for your advise Lee, unfortunately, this part of the site does not appear to be working though. Is there an alternative address I can forward my complaint to please? Regards Amy

How about this: Amy Bennett xxx xxx Quality Assurance Vodafone Ltd xxx xxx 27th November 2009 Dear Sir/Madam Account Number – xxx Mobile Number – xxx After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against my name. I cannot recall any clear statement that gave my express permission for Vodafone to continue disclosing my subject data to third parties after the end of the contract, which was requested for cessation in May 2008 and the final payment made in August 2008, whilst the default did not appear until October 2008. You are no doubt aware that any non-agreed disclosure of personal data to third parties, without express written permission, is a criminal offence under Section 35, of the Data Protection Act. Additionally, for such a small amount (£141) that was settled promptly (within 3 months) it is disappointing that Vodafone Ltd find it necessary to issue this default of the highest standing against me: an 8 which projects: ‘The account is in 'default'. You failed to keep to your credit agreement and have not responded satisfactorily to requests to bring your payments up to date, so the credit agreement has ended’ and I am not satisfied with this reason, it implies that I broke the agreement and did not cancel it and this, of course, this makes me look very bad to other lenders. This is the only negative item on my credit file but it is resulting in a very poor show when searching for credit. This is having a really adverse effect on me and on my partner (who has recently become a victim of these times and has been made redundant) as we have no chance of gaining credit in any respect which effects our prospects as trustworthy tenants; the fees and deposits they are asking for are huge, let alone home owners, also as reliable borrowers; the only lenders who will loan to me charge upwards of 39% interest and as car owners, contractors and accepted members of society. I therefore ask that as a matter of legal dispute or also as a gesture of altruism that you remove this default from my record. If you believe that this notice is justified to my conduct whilst in contract with you then I ask for a Subject Action Request and enclose a postal order for £10 to cover this. Please respond to my letter within 14 days Yours faithfully Amy Bennett

Thank you, do you know of any letter templates to file a complaint under this clause?

Ah. I wasn't aware of that. The situation was I closed my account (05/2008)and there was a delay of 3 months (08/2008) before the account was settled, although I was in communication with them the whole time (the reason for the delay is that I had my contract bought out by Jag communications who took a very long tme to issue the cheque to me, I have been in contact with them and they are being very unhelpful, insisting that they performed within the correct timescales highlighted within my terms and condidtions, although the copy of the T&Cs they provided me with had my signature forged (!) I'm not really sure if this constitutes forgery) they didn't serve me a default notice and my account was very promptly shifted to a debt collection agency who recovered the ammount in full (08/2008) but the default notice has been dated 10/2008, am I right in thinking they are not allowed to forward information about me to third parties after my contract has ceased? I want the best chance of getting this removed so want to proceed with caution when stating my claim, options being: 1. Get JAG to admit liability at the threat of taking the fraudulent signature further 2. Have Vodafone admit they did not issue a default and theat they did not follow correct procedures 3. Go down the data protection act route and threaten legal action if I must Thanks very much for the advice Amy

Hi there, I was hoping somebody would be available to check that the letter below seems to be in order to start the ball rolling on getting a default notice unfairly issued by Vodafone. Any feedback will be gratefully received. Thanks Amy Amy Bennett XX XX XX Quality Assurance Vodafone Ltd XX XX XX 27th November 2009 Dear Sir/Madam Account Number – XXX Mobile Number –XXX After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against my name. Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience. 1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number: ______________ 2. You must supply me with a signed true and certified copy of the original default notice 3. Any deed of assignment if the debt was sold on Also, I cannot recall any clear statement that gave my express permission for Vodafone to continue disclosing my subject data to third parties after the end of the contract. You are no doubt aware that any non-agreed disclosure of personal data to third parties, without express written permission, is a criminal offence under Section 35, of the Data Protection Act. I would request that this data is provided to myself within the next 14 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated. Yours faithfully Amy Bennett

288a 25/03/2009 SECRETARY APPOINTED MRS SUSAN CHRISTINE GEORGE 288a 25/03/2009 DIRECTOR APPOINTED MRS SUSAN CHRISTINE GEORGE Taken from Companies House...presumabley Susan George is the lady to contact? I'm putting a letter together but I'm worried I'm going to get fobbed off as I'm trying to get them to admit liability, in which admitting a mistake...best to me than public though, thank you for your point of those to mention when threatening this. Oh, and I contacted them, strolled into their shop actually as I wasn't happy with the cheque back system on my Vodafone contract, ironic really. Many thanks

That's a very good idea, are they obliged to give me that information over the phone or is there a reliable source elsewhere?

Hi there, I've found reading these forums very very useful, but was wondering if anyone could offer me a little bespoke advise please... Jag Communications arranged to buy me out of the contract I had in place with Vodafone to set me up on a new contract through them on Orange. I was concerned about running two contracts at once because I had a very low income at the time but they instructed me to contact Vodafone to gain a settlement figure (£140) which I arranged to pay within 30 days, as I was informed I would receive the cheque for said amount by then. 30 days passed and no cheque arrived, I persistantly chased this with Jag. Vodafone instructed a debt collection agency to collect the outstanding monies, which I was eventually able to pay 8 weeks after I ended my contract. I now know that this has resulted in a (settled) Default being placed on my Credit record for six years which I am not at all happy about. I've contacted Vodafone and they have told me provided I can get Jag to admit liability I should be able to get the Default removed (I find it particularly interesting reading that they are not supposed to share information about you to third parties after cessation of a contract) I contacted a very helpful young man at Jag who politely sent me a copy of their Terms & Conditions/Cheque back Certificate, stating that they would issue the cheque 30 days after receiving a copy of this signed document, and because of the late date they eventually received this the cheque was not issued to me until 30 days after. Now, I was never presented with this Terms & Conditions/Cheque back Cerificate document and my signature has been forged! What (clearly) happened was that their representative failed to give me all the facts or present me with the correct forms to sign, and not only did he forge my signature on this document but he sent it off late, resulting in late payment to Vodafone resulting ultimately in a Credit Default. Jag are very reluctant to admit any liability, they keep refering to the fact that the company that issued the cheque has gone into administration, which is irrelevant really as I'm not disputing the fact that they did not adhear to their terms and conditions, just that I was not presented witht hat facts and that was due to the fault of a sloppy representative. What I'd like to know please: 1. Does this constitute forgery? And does this hold any legal implications toward Jag Communications? 2. How should I approach this legally? 3. What are the possibilities of getting this resolved? 4. do I have many choices? Many thanks in advance for reading and responding. I am so angry about this, why should I be punished for six years because of their mistake?! Amy