2 defaults Egg and Vodaphone - Default hell!!

[dayglo]

http://www.consumeractiongroup.co.uk/forum/legalities/26427-help-please-dayglo-vodafone.html

 

I have been in correspondence with Vodafone regarding defaults and I've come up against a brick wall - would any of you kind souls pop over to my thread, have a read and offer some thoughts or even advice? here's hoping!

[andrew1]

There's a few of us on Hutchinson 3 with the same problem http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/27846-hutchinson-3g.html take a scroll

[david.m]

reading daygo's thread,

 

the man needs help , that letter even gave me the shivers,were are the top posters/people here, to take this letter out line by line so everyone reading can benefit?, help him please..................

HE NEEDS HELP

[un1boy]

Hey,

 

I don't want to hijack this thread - I need a little advice please.

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/27877-lenders-havent-sent-me.html#post217680

 

Any help greatly appreciated.

 

I am at work so will look over the other people's threads to see if I can help tomorrow.

[un1boy]

Also, which letter do we send asking them to send us quarterly updates as per our right sunde the DPA?!

[Tinkerbelle]

Also, which letter do we send asking them to send us quarterly updates as per our right sunde the Data Protection Act?!

 

Will you please refrain from hijackng other people's threads and asking the same question on multiple forums. It is not helping you or anyone.

 

Ask questions in your own thread so other people can follow the progress/advice in a chronological order and benefit from it.

 

Thank you.

[SurlyBonds]

I think Surly is on his hols because he hasn't replied to any of my posts asking for him.

 

 

Correct, just got back last night, so will spend next week getting up to speed with what's happening, plus replying to a few letters of my own.

 

Inbox got filled whilst I was away, so some attempts at PMs got bounced.

 

I've now emptied it.

[Tinkerbelle]

Correct, just got back last night, so will spend next week getting up to speed with what's happening, plus replying to a few letters of my own.

 

Inbox got filled whilst I was away, so some attempts at PMs got bounced.

 

I've now emptied it.

 

Yay!! You're back

 

You have been severely missed

[un1boy]

Welcome back Surly!!

 

PS. Sorry Tinkers for asking loads of things - I am starting my own thread now.

[david.m]

Correct, just got back last night, so will spend next week getting up to speed with what's happening, plus replying to a few letters of my own.

 

Inbox got filled whilst I was away, so some attempts at PMs got bounced.

 

I've now emptied it.

 

your a star, you might like to know that James Jones of

Experian, Consumer Affairs Manager and UK spokesperson

started posting in

Re: Credit Ref Agency reply to Data Protection Act s.12 request-help please

http://www.consumeractiongroup.co.uk/forum/legalities/26275-credit-ref-agency-reply-2.html#post215535

we are now asking the questions that might give us some insight into the future ..............

 

dont go scaring him off people, he may (or not) be a good source of information to educate us as to

our plight

[toffo9]

james jones should become an mp. never gives a straight answer to the questions asked.

[Lizzy]

Shame about JamesJ he seems a nice guy. I realise he totally believes what his company is TELLING him by training/education/brainwashing. Im sure if you work for a company with such a high profile you believe everything you are told. As he thinks they would be shut down otherwise. We all believed them too UNTIL NOW because we have SurlyBonds and MANY others who know about the law and are prepared to fight to stand up for our rights.

He (you James) should know more about the law especially if you are an Experian UK spokesperson. Perhaps you do but are keeping it quiet. We won't keep it quiet we are going to make as much noise as possible.

 

Look at the sucess stories from the caving in of the banks.......yes most were pushed to the limit but always backed down at the death because they knew they were wrong. If they were right why have they not gone to court to rub our faces in it ??

 

The law is the law, Data Protection or otherwise. Just because it seemed like a good idea is not the law.

 

I used to be an underwriter for a finance company. I know (The Company) paid huge amounts to CRAs for the service. Even as a business owner myself I have been offered by several agencies (for a fee) about £15 each to credit check my customers. Huge profit to be had.........as I remember it got a little less for each one after that on a sliding scale or you could buy a block. I was thinking of checking out the neighbours (especially the one with the big boat) its as easy as that. Never mind third parties, what about fourth, fifth and sixth..........and just for a laugh. I'm sure I never agreed to any of it.

 

Lizzy

[andrew1]

After Surlybonds onslaught I think James J might be off looking for a job.

 

 

Can anyone tell me please, if you are written to telling you a default is about to be put onto your account at the CRA's can you issue a s.10 to the finance company to stop processing your data and stop it?

[Lizzy]

Can anyone tell me please, if you are written to telling you a default is about to be put onto your account at the CRA's can you issue a s.10 to the finance company to stop processing your data and stop it?

 

 

Perhaps wait until it is on and get it removed with the account closed, terms and conditions no longer apply. Also if it is about to be put on can't you stop it with an offer to pay ? even a reduced amount. It could just be a threat.

[andrew1]

This is a live and running account that has got behind. The arrears just went onto the second month and the notice was served that the default would go on come the 18th of the month

[kateandpete]

if you pay the amount they ask on the default notice, they shouldn't default you. Look at the CCA section 89 here

 

http://www.passprotect.studio400.me.uk/Consumer_Credit_Act_1974.PDF

[SurlyBonds]

Can anyone tell me please, if you are written to telling you a default is about to be put onto your account at the CRA's can you issue a s.10 to the finance company to stop processing your data and stop it?

 

 

Perhaps wait until it is on and get it removed with the account closed, terms and conditions no longer apply. Also if it is about to be put on can't you stop it with an offer to pay ? even a reduced amount. It could just be a threat.

 

Nope..not quite that way.

 

If they are placing the account in default, then they are cancelling the contract, and unless you have specified in your Ts&Cs that they can carry on processing your data after the closure of the contract, then I contend that no, they haven't. Experian has, finally, admitted this in a recent letter, that they agree that it is dependant on the Ts&Cs. See the Sticky: Victory thread.

 

However, if you confirm to their requirements in the Notice within the time limit stated in it, then the CCA states that no default has occured - it is deemed as having been remedied.

 

So, if you do this and they try issuing a default onto your credit files, then they are disclosing inaccurate data, and the CRAs are holding inaccurate data... both are criminal offences, and you can issue Statutory Notices to order them to destroy the entries.

 

If they don't, or through some other misguided belief, then be prepared to take it to the I.C.O. or through a Court, asking the judge to order it be destroyed.

 

But remember, if you don't repay it, or keep to an agreement, then they could progress it to a CCJ, and you will have very little hope of geting that removed within six years as they CAN keep these on - CCJs are issued through a Court.

[andrew1]

Thanks for all these answers but that wasn't quite what I asked.

 

If a finance company writes and tells you, because you havent paid the installment that they are going to post a default by a certain date with the CRA is it possible to send in a s.10 Notice before that date and stop that default being registered? The contract originally being signed that they can process your data. I am thinking that the s.10 requests non processing and one has a right to ask them not to process.

[SurlyBonds]

Thanks for all these answers but that wasn't quite what I asked.

 

If a finance company writes and tells you, because you havent paid the installment that they are going to post a default by a certain date with the CRA is it possible to send in a s.10 Notice before that date and stop that default being registered? The contract originally being signed that they can process your data. I am thinking that the s.10 requests non processing and one has a right to ask them not to process.

 

They shouldn't be registering a default for just one missed payment anyway - the banking code encourages the lenders to listen first, and negotiate, they usually break that one payment down and add to maybe the next two.

 

A default can't be registered on your credit file unless they have issue you with a default notice first... and if you comply with that notice then no default has happened.

 

Have they sent you a missed payment letter or a default notice - there is a BIG difference.

 

I personally don't believe that you will get anywhere trying to prevent it going on your file via a S10 notice...

 

I would concentrate on stopping it going on there by offering to pay the missed payment... it will sort out a lot of problems instantly.

 

I am not an advocate of not keeping up with agreements...after all, how can we expect them to play to the contract if we don't ourselves???

 

If you do owe the money, pay it.... or come to an agreement with them... if there are reasons why it was missed, simply call them and explain, and you will probably find them pretty reasonable...they have to take OFT advice in trying to resolve debts amicably before taking stronger action.

 

..unless it's from penalty charges, in which case scr*w the bar stewards to the wall and add four tubes of NoMoreNails just for good measure.

[andrew1]

Thanks Surlybonds. This is just a payment on a loan ( JUST?? ) cash flow was tight and one was missed and this months was due on the 1st and I received the default notice the day after stating they would register it on the 18th if payment wasn't received. I work for myself and am waiting for some money to come in that's due but you know what it's like. This is a farily new loan at high interest rates and I have a bit of a mortgage too so cash flow is all important. I'll give them a call because I can cover it shortly. I just thought maybe if I sent the s.10 it might just stop it being registered. They have been swift off the mark sending it out on the date of the second late payment - I thought a default would arrive if I missed three but they must have sent this the day the second one was due. I was hoping not to have this loan and the mortgage watched by the cra's. My mortgage didn't get shown at the cra's for nearly 20 yrs because it wasn't covered in the old days. I just changed to a new interest rate pkg recently and the next I knew they had it on the credit file and Abbey won't take it off. I was thinking of sending them a s.10 too.

[SurlyBonds]

Thanks Surlybonds. This is just a payment on a loan ( JUST?? ) cash flow was tight and one was missed and this months was due on the 1st and I received the default notice the day after stating they would register it on the 18th if payment wasn't received. I work for myself and am waiting for some money to come in that's due but you know what it's like. This is a farily new loan at high interest rates and I have a bit of a mortgage too so cash flow is all important. I'll give them a call because I can cover it shortly. I just thought maybe if I sent the s.10 it might just stop it being registered. They have been swift off the mark sending it out on the date of the second late payment - I thought a default would arrive if I missed three but they must have sent this the day the second one was due.

 

Just do everything you possibly can to prevent them sending you a default notice. If they do, you will have to comply with their remedy clauses or they will enforce the default notice and that could mean pay back the entire amount - and that's the start of BIG problems.

 

Phone them up straight away, and POLITELY explain the circumstances, and offer them something now, and a reasonable payback schedule... even if this is on top of your regular payments.

 

I will have to ask though, and I mean this in a respectful manner, why did you take out a loan that you HAVE to be so dependant on your clients to pay you? Cash flow is critical to the self-employed, so start budgeting out and make sure that you can reasonably comfortably clear all our payments each month.

 

Can I suggest that you open up a deposit account, and start trying to pay in a bit so that you build up a few months worth of payments ('rainy day money' if you will)... you will feel a lot more relaxed knowing that you've got some emergency coverage if clients are paying late. Also, start chasing up your invoices/payments due, etc. why should you have to endure default hell whilst a client sits back on YOUR money, and earning interest on it?

 

A good trick for the self-employed is to increase your rates by 5% from today - and offer a 5% discount for invoices paid within 14 days. The customer thinks they're getting an offer, and you are gettign your money so much quicker. I use that in my company, and we get more than 87% of bills paid within 14 days, as opposed to 43% one year ago.

 

Also, set up a bill account. I actually pay enough money into an Outgoings account each month, the total amount needed to cover ALL my DDs, SOs, etc., three days before all those are due to come out... I make mine the 1st working day of each month... tell your suppliers that you want to change your payment date to the first working day of each month.

 

That way, you can happily sit back back and relax, and enjoy the rest of the month, knowing that EVERYTHING vital is already sorted.

 

I don't wish to sound like a nagging old mother hen, but a little bit of effort in organising your finances can start making huge differences and prevent these sort of letters and all the worry of them.

 

Sorry if I sound like I'm sticking my oar in, but I am getting bombarded with PMs who want me to write letters for them to cover off missed payments too often these days, and the solutions are little, simple and easy.

[andrew1]

Thanks Surlybond, I can always take good advice and I thank you for it. I won't bore you with all the whys? I am just getting back on the road again so cash is more sparodic than mismanaged. I took the loan out because I'd got behind with all sorts of things after my business crashed a few years ago, went into deep depression for over two years and switched off from everything - literally. Now I'm out of it but needed to see my way through without having to sell the house. That's the common sense route but its been home for 20 yrs and I resented being forced to sell so negotiated a loan with the view that if I couldn't trade my way back into profitability and sanity then we'd sell up and move into the country debt free. Trouble with starting back on my own is this cashflow sometimes and there's not yet the regular custom to guarantee coverage of everything but I'm working on it. I have massive equity in the house which is my pension but income is the important thing. Cash is king! so to speak. I had a big business before so have some good budgetry disciplines when I have the regular business so I feel I can manage that okay. Good tips on the accounts though and I'll certainly do that.

 

I'll sort the payments on the loan tomorrow, like you say this has to be dealt with pronto and I will take your advice and deal with it. I got too used to dodging things before then negotiating my way out at the last minute, I'll have to get smarter here on in.

 

Thanks for your help -you sound a busy man and I appreciate your time.

[Sarrahk]

HI folks.. i am returning to my hijacked thread.. I have heard absolutely nothing from Vodaphone since i issued my stat notice and so am unsure quite where i go from here?? any suggestions?? !! I need to find like 2 hours to read through my thread at some point!!

[Tinkerbelle]

HI folks.. i am returning to my hijacked thread.. I have heard absolutely nothing from Vodaphone since i issued my stat notice and so am unsure quite where i go from here?? any suggestions?? !! I need to find like 2 hours to read through my thread at some point!!

 

LOL... Welcome back!

 

See what you've started

[pford]

thanks to you loads of people are going to benefit from all the great advice in this thread from your problem and the solutions it as given us.