Vodafone Default

[Savanna123]

Vodafone lodged a default notice on my Equifax & Experian reports in October 2005 they say due to non-payment for 3 months. My vodadfone account was settled in February 2006. I vaguely remember there being a mix up with direct debits at the time. I wrote to Vodafone asking them to supply me with a copy of my agreement together with statement of my account & the signed true copy of the deafult notice which I never received in 2005. Vodafone have replied that as they are not regulated under the Consumer Credit Act 1974 they are not obliged to send me the documents I have requested. They say they are also obliged to report the default to the credit referencing agencies?

Are they correct?

Are they not obliged to furnish proof of the original default notice? And if they cannot do so, should they not have to remove the default?

What recourse do I have in order to get this default removed?

Any advice is appreciated?

[maroondevo52]

Hello and Welcome, Savanna.

 

I'll move this thread to the appropriate Forum, where hopefully you'll get some help.

 

Regards.

 

Scott.

[Savanna123]

Oops..thanks Scott!

 

Savanna

[maroondevo52]

Hi,

 

No problem, unfortunately I'm not to hot with telecoms issues

 

But regarding the CCA, have a look at this.........

 

http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/70464-mobile-phone-companies-consumer.html

 

Regards.

 

Scott.

[buzby]

I wrote to Vodafone asking them to supply me with a copy of my agreement together with statement of my account & the signed true copy of the default notice which I never received in 2005.

 

You signed a service contract and this is exempt from the CCA - in effect, you were not 'buying money'. Additionally, the contract you entered into - which you would have read? Notes that they will disclose aspects of your financial relationship with CRA's. Their 'obligement' is an agreement between the CRA and Vodafone, but as you've already agreed to disclosure, there is no issue in complaining that they did so.

 

Are they not obliged to furnish proof of the original default notice? And if they cannot do so, should they not have to remove the default?

 

Again, no. You are 'in Default' of your contract, not that you were sent a formal 'Default Notice' which you wouldn't have been. That is a CCA requirement only.

 

What recourse do I have in order to get this default removed?

 

If it is accurate - that you owe them money - there is none. Even if you pay it off it will remain on your credit file for 6 years until it becomes time barred from disclosure.

[Savanna123]

Thanks Raymond..not what I wanted to hear but there you go.

 

Regards

Savanna

[buzby]

I had a feeling! From the problems these contracts raise, and the slap-dash nature of their formal commitments, I'm urging that a mobile phone contract would be avoided by anyone who doesn't have 100% recall AND clairvoyance as to what the future holds.