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    • No I'm not. Even if I was then comments on this forum wouldn't constitute legal advice in the formal sense. Now you've engaged a lawyer directly can I just make couple of final suggestions? Firstly make sure he is fully aware of the facts. And don't mix and match by taking his advice on one aspect while ploughing your own furrow on others.  Let us know how you get on now you have a solicitor acting for you.
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    • Thank you for your reply, DX! I was not under the impression that paying it off would remove it from my file. My file is already trashed so it would make very little difference to any credit score. I am not certain if I can claim compensation for a damaged credit score though. Or for them reporting incorrect information for over 10 years? The original debt has been reported since 2013 as an EE debt even though they had sold it in 2014. It appears to be a breach of the Data Protection Act 1998 Section 13 and this all should have come to a head when I paid the £69 in September 2022, or so I thought. The £69 was in addition to the original outstanding balance and not sent to a DCA. Even if I had paid the full balance demanded by the DCA back in 2014 then the £69 would still have been outstanding with EE. If it turns out I have no claim then so be it. Sometimes there's not always a claim if there's blame. The CRA's will not give any reason for not removing it. They simply say it is not their information and refer me to EE. More to the point EE had my updated details since 2022 yet failed to contact me. I have been present on the electoral roll since 2012 so was traceable and I think EE have been negligent in reporting an account as in payment arrangement when in fact it had been sold to a DCA. In my mind what should have happened was the account should have been defaulted before it was closed and sold to the DCA who would then have made a new entry on my credit file with the correct details. However, a further £69 of charges were applied AFTER it was sent to the DCA and it was left open on EE systems. The account was then being reported twice. Once with EE as open with a payment arrangement for the £69 balance which has continued since 2013 and once with the DCA who reported it as defaulted in 2014 and it subsequently dropped off and was written off by the DCA, LOWELL in 2021. I am quite happy for EE to place a closed account on my credit file, marked as satisfied. However, it is clear to me that them reporting an open account with payment arrangement when the balance is £0 and the original debt has been written off is incorrect? Am I wrong?
    • OMG! I Know! .... someone here with a chance to sue Highview for breach of GDPR with a very good chance of winning, I was excited reading it especially after all the work put in by site members and thinking he could hammer them for £££'s and then, the OP disappeared half way through. Although you never know the reason so all I can say is I hope the OP is alive and well regardless. I'd relish the chance to do them for that if they breached my GDPR.
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Eek, a Vodaphone!!!!!!


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Hi everybody

 

Received a lovely letter today from a DCA regarding an account with vodaphone in the sum of around 300 of your english pounds. (if you're wondering the DCA is Wescot)

 

I read somewhere that the CCA doesnt apply to mobile contracts, so I just wondered what the next course of action would be for me, and if the CCA doesnt apply, does this mean they can basically send me anything and I just have to pay?

 

I'm also not really sure if it is actually mine. I only remember having 1 mobile contract and that was with Orange, but it is possible that I've forgotten having one with them. I also don't see how I could have used £300 of call credit in a month. I say a month because I asked a friend who works for vodaphone and he said they cut you off from making calls if you don't pay your bill.

 

So anyway, hope that all makes sense, and any suggestions as to the next course of action would be very much appreciated :D

 

Thanks everybody!

Edited by Youslaa
errr, typos
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you could send them a 'prove it' letter

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

(Your Name) Print do not sign

 

see what they come back with :)

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Typical, you try to get them to go away and they ignore you......

 

Thanks Saintly, I'll get that off to them in the morning, and wait to be promptly ignored. Oh the joys of dealing with these muppets.

 

Just had another read of my letter and it seems they're acting on behalf of Vodaphone rather than having actually bought the debt.

 

Is there a letter I can send them to say I only want to deal with Vodaphone. I'm sure I saw one like that once but can't seem to find it now. Does anyone know if this exists or have I just eaten too many picnic eggs and gone slightly crazy? (picnic eggs past midnight ftw!!)

 

Thanks for the swift replies. :D

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Right, so here's what I'm sending off to them tomorrow, with a bit added by myself :D It's cheeky time

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question. Any further demands for payment without evidence of my liability will be met with a further copy of this letter and a charge of £10 per letter levied against you. Should I receive any more of these demands without the requested evidence, it will be deemed that you are in agreement to pay the £10 sum per letter.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

(Your Name) Print do not sign

 

 

Just wish I could see the looks on their face when they get that. Even if it legally doesnt mean anything, just turning the tables and being cheeky is good enough. Plus I think it would be a fair basis for compansation if I ever took them to court. (ah thats why I love this site, 6 months ago I wouldve been a wreck thinking they might take me to court.......now I'm talking about taking them to court and I don't even know if it's my debt) :D

 

Oh happy days

Edited by Youslaa
can't type today
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Hi Youslaa,

 

Have you had a reply to your letter yet?

 

If not and you'd us to take a look at this just email your details using the 'Contact us' form on the Vodafone website which you can access here.

 

When sending your email could you include within the body of it a link to this thread and the code WRT135?

 

Thanks,

 

Lee

 

Web Relations Team

 

Vodafone UK

Edited by Lee_Vodafone
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I will repeat here whats been said elsewhere.

Over the last 3 years we have seen more than our share of trolls,and those who have come onto CAG with a purported impression that they were here to give help and assistance.

It is therefore understandable that some members will not be so welcoming of those who come here giving the same undertakings as we have heard so many times before.

The Vodafone Webteam initiative is something that should be embraced,and they should be given the chance to demonstrate their intent.

I think it is only fair that they are given opportunity to show this,and should be given credit for their willingness to try.

Vodafone is the only mobile operator/provider to have shown willingness to assist customers with problems-for me this shows concern over contempt.

 

CAG exists first and foremost for consumers and will always be so,the Vodafone Webteam does not claim that they will be be able to resolve everyones problems,and we all know that no one is perfect they wont always get things right first time.

But a focus on resolving customer care issues and keeping customers,is something the rest should be doing.

As it stands at this moment theres no sign of that-which has to tell you something dont you think ?

 

There is now stickied info in this forum which can get the ball rolling.If Vodafone Webteam are true to their word,then those with issues here will not have spent some time reading this in vain.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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This reminds me of the time Vodafone breached their own contract with me to the point of fraudulently obtaining money from my bank account and then when I stopped my dd to them they passed my account to a dca, who then turned up on my doorstep looking money. I showed them the correspondence with Vodafone and they rescinded assignment of the "debt" on the spot. I haven't seen or heard from Vodafone or the dca since - that must be 4 years now.

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