2 defaults Egg and Vodaphone - Default hell!!

[ffocus]

I've just been trying to make sense of all of this and its beginning to...

 

I wrote to Vodafone requesting that they stop processing my data. This was on the 24th July. They wrote back on the 4th Aug saying they cannot remove the defaults because they passed my account over to an external collections agency. Its now been 21days. Does this mean they default???

 

Im thinking of writing to them again using the letter on post #88. Although I added this small section to the beginning. Am I doing the right thing or should I raise a moneyclaim claim?

 

"

I don’t believe you understood my first letter (dated 24/07/06 – Your ref C1906143)

You’re 21 days are now up. Do to the nature of this request I will grant you with a further 7 days to complete my request before I take this up with court action which will result in yourselves defaulting."

:S Thanks

[SurlyBonds]

I have read the threads Surlybonds a couple of times and wonder if you could just clarify a couple of points.

 

I have 2 credit cards, started with £200 on each, now with debt collectors and standing at £900 each. (the charges were added by Monument and Capital One) I am paying the debt collectors what I can every month. I have defaults from both cards on my credit file. Unfortunately neither one is settled as yet. I was going to I send the Preliminary letter to both card issuers but more than anything I would like to get the defaults removed. I am self employed and desperate to move house so having two defaults as well is making it impossible. Any advice would be greatly appreciated. When I read your thread yesterday I felt so happy but reading it again today I am worried about it not being settled.

 

If the current total is due to excessive penalties being added on, hen the firet thing I would so is go through the process to get your unfair charges back. In the process also tell them that you will be seeking a removal of your default as it brought on by the unfair charges. See the other threads in the charges subjects to see how to do this.

 

Also, check if the DCAs are adding the correct fees onto the bill... it seems one hell of a lot of charges to take a card from 200 to 900 pounds!:o

 

DCAs are not allowed to charge interest higher than what you were originally paying to the credit card company during the pre-default agreement, so it seems that you might need to ask the DCA for a breakdown of what they are charging; ask for a full statement. You are entitled to a copy of this under the DPA for a £10 fee.

 

If they have broken the CCA by charging excessive amounts of interest after the default, then you can ask a Court to nullify the whole agreement.

 

I still believe that once a contract is terminated the right to publish data also dies, but I haven't tried it in a Court. However, I am sending off letters for someone I am helping to see if it works ... however I am not a judge and can't order a company to do so, and it might be just that the company involved doesn't want any hassle. However, my 'silver bullet' letter might start addressing that...

[SurlyBonds]

I've just been trying to make sense of all of this and its beginning to...

 

I wrote to Vodafone requesting that they stop processing my data. This was on the 24th July. They wrote back on the 4th Aug saying they cannot remove the defaults because they passed my account over to an external collections agency. Its now been 21days. Does this mean they default???

 

Im thinking of writing to them again using the letter on post #88. Although I added this small section to the beginning. Am I doing the right thing or should I raise a moneyclaim claim?

 

"

I don’t believe you understood my first letter (dated 24/07/06 – Your ref C1906143)

You’re 21 days are now up. Do to the nature of this request I will grant you with a further 7 days to complete my request before I take this up with court action which will result in yourselves defaulting."

 

:S Thanks

 

If Vodaphone placed the default, then they are the ones processing and disclosing your date... unless the DCA is doing this...what is on your credit file.

 

If you've served the Statutory Notice, and they are refusing to comply (and of that's the best pi**-poor excuse they can come up with, then I suggest that they simply don't know what to do) then you can now go straight to the ICO and ask him to enforce the Notice, in light of them offering no reasons for an exclusion.

 

However, do check first WHO is updating your credit file- Vodafone of the DCA. If it's the DCA, you will need to likewise serve them with a Statutory Notice, but that is easier, as you can state that you have not agreed to any contract with them. If they try to clause allowing them to transfer the monies owed (fine), but they can't arbitrarily transfer your permission to disclose your date.

[ffocus]

If Vodaphone placed the default, then they are the ones processing and disclosing your date... unless the DCA is doing this...what is on your credit file.

It's def Vodafone.

 

If you've served the Statutory Notice, and they are refusing to comply (and of that's the best pi**-poor excuse they can come up with, then I suggest that they simply don't know what to do) then you can now go straight to the Information Commissioners Office and ask him to enforce the Notice, in light of them offering no reasons for an exclusion.

Is there a template for this?

 

Thanks SurlyBonds. I can't believe how generous you are with your time spent on this forum.

 

Dylan

[Notty]

The £700 in charges was added by the card provider and not the DCA. They have added very little and I am paying them monthly. On reading your first thread about contacting the CRA about not using my data for automated info I thought I could use that and also when I ask for the charges removed make it part of the settlement as you have suggested. Trouble is I have got it round my neck a bit about the automated charges. Can I use that as I havent settled the debt and do you use the first letter you put up on your thread, sorry to be a bit thick!

[SurlyBonds]

It's def Vodafone.

 

Is there a template for this?

 

Thanks SurlyBonds. I can't believe how generous you are with your time spent on this forum.

 

Dylan

 

The 'Mother of all letters' is now posted as a new thread in this area as a new posting.

 

Read the intro part to make sure that you understand the background to the arguments, the process and the templates.

 

I will ask the Mods if they can make it sticky to prevent my PMs getting out of control asking for it... and if any are reading this, please could you do so.... thanks.

[SurlyBonds]

The £700 in charges was added by the card provider and not the DCA. They have added very little and I am paying them monthly. On reading your first thread about contacting the CRA about not using my data for automated info I thought I could use that and also when I ask for the charges removed make it part of the settlement as you have suggested. Trouble is I have got it round my neck a bit about the automated charges. Can I use that as I havent settled the debt and do you use the first letter you put up on your thread, sorry to be a bit thick!

 

I REALLY would recommend using the reclaiming charges route first... get that sorted...after all, why should you be paying for money that's been taken unlawfully?

 

If they can manage to add £700 onto £200 in charges then they really are taking the p***, and no judge in Christendom is going to accept that as fair and reasonable. It is disgraceful... you should have no problem getting it back...and then give it to the DCA...in effect the bank can pay off their own alledged bill!

[MARTIN3030]

I REALLY would recommend using the reclaiming charges route first... get that sorted...after all, why should you be paying for money that's been taken unlawfully?

 

If they can manage to add £700 onto £200 in charges then they really are taking the p***, and no judge in Christendom is going to accept that as fair and reasonable. It is disgraceful... you should have no problem getting it back...and then give it to the DCA...in effect the bank can pay off their own alledged bill!

 

 

Pretty heated stuff........but what is Christendom ?

 

[SurlyBonds]

I've now added this in as a new thread with the notes, basics of the DPA and how contractual can be used, the process method and full letter and Statutory Notice here

 

enjoy!

[elsinore]

Congratulations SurlyBonds, an absolute tour de force (Royal Air Force?)

 

We are indebted to you for providing us with the butts, the rifle, the ammo and the target!!

 

I can't wait to get started.

 

Elsinore

[Notty]

Thank you for your help and for all of the time you are spending on this.

[markyparky]

Thanks to everyone on this thread...

 

Taking on board all your help I have drafted my 5th letter to MBNA. Any thoughts b4 posting?

 

Steve Bailey

Head of Customer Advocate Office

MBNA Europe Bank Limited

PO Box 1004

Chester Business Park

Chester

CH4 9WW

 

15th August 2006

 

Recorded Delivery

 

Account: xxxxxxxxxxxxxxxxxxxxxxxx

 

Dear Mr Bailey

 

Thank you for your letter dated 10th August 2006 and the contents are noted, particularly your intent for a full response by September 2006, being an extension to your previous letter informing a full response by 11th August 2006.

 

Although we have been informed verbally that the matter has been resolved and that you will not be taking action against me to recover the fraudulent sum, we are still awaiting formal notice to such effect.

 

However although this account was cleared and closed over 5 years ago you decided to issue a 'Default Notice' during July 2006 which neither I nor my husband have any recollection of ever receiving and in so doing applying financial defamation to my impeccable character.

 

The three questions in my letter dated 3rd August 2006 and received by you as indicated by Royal Mail's service audit specifically relate to this point and request you to substantiate this information. Could you therefore answer in full the questions contained in the 3rd August 2006 letter of which I enclose a copy. May I also suggest to you, it is your duty to comply with my requests under the law within 28 days or you will be in breach of your duties under Section 78 of the Consumer Credit Act. Consequently if you fail to reply by 4th September 2006 you will have exceeded the statutory time for the data provision requested which is a criminal offence.

 

Two months prior to your default notice I was accepted for a mortgage for £158,000. Now I cannot even open a bank account due to banks assessing data via credit reference agencies and accessing inaccurate data which has been supplied by you. It is a legal requirement by the Information Commissioner that you hold and supply the most accurate and up to date information on your customers and I therefore request that you immediately and unconditionally remove any prejudicial information which has been passed on to any third parties in its entirety as unsubstantiated.

 

Any failure on your part to adhere to these statutory timescales will automatically be interpreted as your non-compliance with the legal procedure. In that case I will have no choice but to escalate the matter to the relevant authorities including the Banking Ombudsman, Office of Fair Trading and the Information Commissioner's Office and issue a statutory notice to you with the intent of legal recourse. Should it be necessary to refer the matter to the Court, then I shall also apply for Court fees and legal costs against your organisation and shall also reserve the right to seek redress for damages as per the remit of the Data Protection Act.

 

I trust that I have made my position clear, and that you will now make a serious effort to understand its legal obligations and effect the changes requested. Should you be in any doubt as to the Banks obligations as a Data Controller, then I would advise that you consult your corporate counsel.

 

Yours faithfully

[MARTIN3030]

Yours Faithfully should read yours Sincerely......since you know the persons name.

 

If the 28 days refer to a cca request then that should be changed to 1 month.

[markyparky]

Thank you for the tips.

[ffocus]

Hi all,

 

I've just worked out what I have been paying in excess interest rate charges due to the 2 defaults vodafone has registered against me.

 

Total comes up to £1939.45.

 

This is based on 1 personal loan which I could have got for half the interest rate. Paying 12% should have been 7%.

Credit card balances 20 - 30% apr. This should have been 0% apr since I would had switched cards every 6 months but i couldnt get a new card due to the defaults.

 

On top of this I have the distriss it has caused me. I dont know how to put a value on this. As well as the opportunity i had 2 years ago to by my own house but decided not to due to the best mortage rate i could get then was based at 8.7%apr. This is when interest rates were like 4-5%. prpoerty prices have since gone up. I think i should be able to claim for this not sure how though...

 

My thread http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/22995-bad-credit-default-removal.html

[ffocus]

Have a look here at the letter im about to send to vodafone. Any comments welcome. Will post tomorrow morning.

 

My Thread http://www.consumeractiongroup.co.uk/forum/debt-bailiffs-advice/22995-bad-credit-default-removal.html

[Tobes]

Surlybonds -you might be interested in/amused by this:

 

DG Solicitors on behalf of SHBC has responded to my data subject notice as part of a letter regarding an ongoing claim against HSBC. This is it (note their extremely patronising attitude - do they even believe that this is a proper statutory request?!):

 

We note your "notice" in relation to the processing of your data. Your apparent notice pursuant to s10 and s12 of the Data Protection Act is not accepted by HSBC. It does not accept that its continued processing of yourdata (a factually accurate record of your account) is unjustified.

 

 

That's it!

[Sarrahk]

that is funny! how do you respond to that?!

[MARTIN3030]

Dont forget tho..........your claim for repayment of unlawful penalty charges was not acceptable to HSBC either...............

[SurlyBonds]

Surlybonds -you might be interested in/amused by this:

 

We note your "notice" in relation to the processing of your data. Your apparent notice pursuant to s10 and s12 of the Data Protection Act is not accepted by HSBC. It does not accept that its continued processing of yourdata (a factually accurate record of your account) is unjustified.

 

This is about the most pathetic, dismissive, arrogant, feeble and plain wrong stalling letter from any lawyer, that I've seen in a long time.

 

Their reply is only to half of the argument.... they have failed to answer anything about you withdrawing permission for them to continue disclosing your data.

 

As to their first point, that agreement of them disclosing your account details was only in operation during the term of the contract. Ask them "Did they actually understand your request????"

 

What they need to show you, to give a proper reason to try and claim an exemption to your Notice, is the actual Statutory Law that allows them to bypass the DPA...because it is NOT in the CCA 1974 (As Amended).

 

Write back and tell them that unless they conform to

1) your request to stop automatically processing your data; and

2) citing the exact Chapter and verse of the Law(s) that allow them to claim an exemption,

then the matter goes straight to the ICO and the Courts without further reference to them.

 

Tell them that they have the residue of any statutory time limits left, in which to reply responsably and in full, citing the Acts that they will be relying on for their exemption, and then sit back.

 

Don't forget, not many banks have seen this side of the unfair charges side of things yet - it's all been claiming money back thus far - so their lawyers are probably dragging this out, advising them that they don't have to reply because...well... they're lawyers...trying to make money on a case.

 

Just keep badgering.....

[AshleyB]

One word.. WOW! I have read this whole thread and am amazed.

 

Thanks to EVERYONE for contributing. Specially Surly for being so damn proficient.

 

I am currently in trouble with Voda and Lloyds but am now a lot more confident on how to tackle them both.

 

Much Appreciated.

[zonecrew]

What a fantastic thread......!!

 

I am going to try my best to get a default removed from the old mobile provider One2One (apparently now T-Mobile)

 

Just a quick question if this is ok, i think its been touched on in an earlier thread but not answered fully. Since my account was closed down I have moved address and also One2One have changed to T-Mobile. I do not have a copy of my agreement or know what my account number was with them.

 

I am going to go down the 'nice' route first and ask them if they would consider removing the notice but how would i get around the problems i mentioned above (would they know who i was or have my details on file??)

 

any help would be appreciated

[Tinkerbelle]

What a fantastic thread......!!

 

I am going to try my best to get a default removed from the old mobile provider One2One (apparently now T-Mobile)

 

Just a quick question if this is ok, i think its been touched on in an earlier thread but not answered fully. Since my account was closed down I have moved address and also One2One have changed to T-Mobile. I do not have a copy of my agreement or know what my account number was with them.

 

I am going to go down the 'nice' route first and ask them if they would consider removing the notice but how would i get around the problems i mentioned above (would they know who i was or have my details on file??)

 

any help would be appreciated

 

Do you have the T-Mobile/One2One Mobile Number that you had at the time? They should be able to trace it using that.

[dave]

I can concur with regards to the banks not yet understanding the Data Protection Act properly.

 

I put Abbey on notice under section 10 (or rather my ex partner did), they ignored it - they HAVE to reply within 21 days or they have commited an offence.

 

I (she) started a moneyclaim for recovery of her overdraft fees - they were threatening default if it were not paid off within 28 days - and included a bit about their breach of the DPA.

 

Within 30 mins of doing this (of their notification) I (she) received an email from their in-house solicitor, basically writing off the WHOLE debt (not just the part of the debt made up of charges), correcting all credit reference information, and basically saying "please Sir, is there anything else I can do for you. Wash your car perhaps..." rather than go to court.

 

I am very interested in starting a campaign about the banks abusive and monopolistic position with regards to credit reference information.

 

We (BF and I) have talked at length about this and we have some things in the pipeline that I believe you would be interested in, SurlyBonds.

 

I won't say too much at the minute, as things are still in progress, but it's certainly an issue that we've been looking at.

 

I am interested to know though, if you were to effectively take yourself out of the automated searches, theoretically you could be penalised by the searching company, as they would assume that you have something to hide - or am I barking up the wrong tree?

[zonecrew]

Do you have the T-Mobile/One2One Mobile Number that you had at the time? They should be able to trace it using that.

 

No, it was in 2001 so I havnt got it.

 

The only thing I would have is my old address, do you think this would be suffice??