Vodafone Dispute regarding default/late payments

[neshah]

Hi all,

 

I had a vodafone account in 2004/2005 which ended in a dispute because I had been overcharged. I raised a dispute with them and they ultimately sent my account to westcott without taking any notice. I contacted westcott and told them that I had been overcharged and then after contacting vodafone several times they took the overcharge off and the account was settled.

 

I looked at my experian credit file some months ago as I was turned down for credit cards and I hadn't had any issues with credit in the past and was surprised to see a default on the old vodafone account on there. I raised this with creditexpert/experian who in turn raised it with vodafone. First time round vodafone said I was at fault and did nothing. I repeated this process a couple of months ago and vodafone removed the default, however replaced it with 5 months worth of late payments, which I believe will stay on my credit file for 6 years.

 

I queried this through experian/creditexpert and the response received from vodafone was that they only removed the default as a goodwill gesture, which I dispute - it was their error which caused the overcharge in the first place and the fact that they refunded and settled the account back in 2005 alongside the fact that they removed the default proves this.

 

I am concerned that this account on my credit file will have negatiove impact on my credit rating/access to credit. I have been advised by creditexpert that there is nothing more that they can do and that I must write directly to vodafone.

 

I have 2 questions:

 

1. What is the best way to get this resolved once and for all ie get the late payments removed from my credit file?

2. What impact do late payments have on a credit file?

 

Many thanks for your help

[Monty2007]

Hi all,

 

I had a vodafone account in 2004/2005 which ended in a dispute because I had been overcharged. I raised a dispute with them and they ultimately sent my account to westcott without taking any notice. I contacted westcott and told them that I had been overcharged and then after contacting vodafone several times they took the overcharge off and the account was settled.

 

I looked at my experian credit file some months ago as I was turned down for credit cards and I hadn't had any issues with credit in the past and was surprised to see a default on the old vodafone account on there. I raised this with creditexpert/experian who in turn raised it with vodafone. First time round vodafone said I was at fault and did nothing. I repeated this process a couple of months ago and vodafone removed the default, however replaced it with 5 months worth of late payments, which I believe will stay on my credit file for 6 years.

 

I queried this through experian/creditexpert and the response received from vodafone was that they only removed the default as a goodwill gesture, which I dispute - it was their error which caused the overcharge in the first place and the fact that they refunded and settled the account back in 2005 alongside the fact that they removed the default proves this.

 

I am concerned that this account on my credit file will have negatiove impact on my credit rating/access to credit. I have been advised by creditexpert that there is nothing more that they can do and that I must write directly to vodafone.

 

I have 2 questions:

 

1. What is the best way to get this resolved once and for all ie get the late payments removed from my credit file?

2. What impact do late payments have on a credit file?

 

Many thanks for your help

 

You need to send a letter to Vodaphone and insist that they remove the negative credit markets otherwise you will issue a summons for damages to your credit rating. Take a look at the attached Durkin case which you will be able to use.

18. RICHARD DURKIN v DSG RETAIL LIMITED and HFC BANK PLC.pdf

[neshah]

Many thanks Monty - I am getting really concerned having now read on other websites that late payments over 90 days are the same, if not worse than, bankruptcies on your credit file and it does not matter that they occurred historically.

 

I had a quick look at the case you posted and it is completely relevent, however it does seem that the applicant in that case had lots of supplementary information and a basis for calculating his loss - can I just use that case as a precedent in my argument and state that they are at fault with the result that my credit rating is damaged and I am being restricted access to credit?

 

Why do companies like vodafone have such a crazy approach to matters like this and their staff act completely uncompassionately??

[Monty2007]

Many thanks Monty - I am getting really concerned having now read on other websites that late payments over 90 days are the same, if not worse than, bankruptcies on your credit file and it does not matter that they occurred historically.

 

I had a quick look at the case you posted and it is completely relevent, however it does seem that the applicant in that case had lots of supplementary information and a basis for calculating his loss - can I just use that case as a precedent in my argument and state that they are at fault with the result that my credit rating is damaged and I am being restricted access to credit?

 

Why do companies like vodafone have such a crazy approach to matters like this and their staff act completely uncompassionately??

 

Your credit rating has been compromised, Durkin had a bunch of expert withnessed who were able to quantify loss, you wont need to go that far;)

[Kirsty Vodafone Company Re]

Hi neshah

 

I can understand your concerns in this matter and I'd like to offer you my help to investigate this for you.

 

Send me an from the Contact Us form with all the details, a link to this thread and WRT135 in the body of the text (so it is routed straight to my team) and I'll get in touch as soon as possible.

 

Thanks

 

Kirsty

Web Relations Team

Vodafone UK

[Otis68]

Hi neshah

 

I can understand your concerns in this matter and I'd like to offer you my help to investigate this for you.

 

Send me an from the Contact Us form with all the details, a link to this thread and WRT135 in the body of the text (so it is routed straight to my team) and I'll get in touch as soon as possible.

 

Thanks

 

Kirsty

Web Relations Team

Vodafone UK

 

I have had the same problem for the last five years. The orginal dispute was that my phone was stolen which I cancelled immediatley and I moved house. I contacted vodaphone by telephone on numerous occasions to request a new detailed statement to be sent to my new address but to no avail. Then I received a default notice from Westcot three months later(i think they were called) and promptly paid the outstanding amount.

 

A while later I found out I had a default recorded against me although it shows as satified.

 

I tried the letter on removal of a default notice but was told in so many words "we do not have to supply you this information and although you did contact us by letter and telephone we are not looking back on our records. You didnt pay so you must accept the consequence"

 

A bit harsh considering I was contacting them to request a statement that i could look at to ensure that no calls were logged after I reported it stolen ,which they kept sending the statements/letters to my old address. (i know this as the mail was forwarded onto the estate agent who then sent back to vodaphone). However I did not receive a notice from Vodaphone only the debt collection company.

 

 

I now find I am in the position of having to obtain a credit reference for work purposes.All my other accounts have been paid on time/settled before they are due for the last seven years.

 

Would it be worth pursuing or leaving as there is only one more year to go ?

 

Also can this affect my works request (now being made a signatory)

 

Thanks

[buzby]

Your Vodafone default will be shown as a statement of fact (it was owend but now paid) so will not be removed unless in error in some way. As for your firm checking your file (or indeed anyone else) whether if will affect you will depend on the criteria they have established, however I think it will be unlikely.

[Otis68]

Your Vodafone default will be shown as a statement of fact (it was owend but now paid) so will not be removed unless in error in some way. As for your firm checking your file (or indeed anyone else) whether if will affect you will depend on the criteria they have established, however I think it will be unlikely.

 

 

Thanks for the reply , however its a barclays credit reference for being made co secretary for my firm.not the firm doing the check. Cant see how it will affect anything as I am already a signatory and dont think that personal history can affect anything.

[Monty2007]

Your Vodafone default will be shown as a statement of fact (it was owend but now paid) so will not be removed unless in error in some way. As for your firm checking your file (or indeed anyone else) whether if will affect you will depend on the criteria they have established, however I think it will be unlikely.

 

That may well be the case. The time will soon come when more people challenged these CRA marks which for a minor oversight can have a devastating effect on the ability to get both secured (i.e. mortgage) and non-secured credit at competitive prices.

 

The case of Durkin will be used more as we start to challenge these.

[buzby]

Durkin only covers a very limited area, and is hardly relevant here. There is no rejection that (a) the OP gave his agreement for disclosure, and (b) the data held is accurate.

 

Durkin repudiated his contract befoe inception, and the finance house refused to take the appropriate action. Durkin's ruling is useful - but not for people who are simply unhappy at the disclosure wich is otherwise accurate.

[Monty2007]

Durkin only covers a very limited area, and is hardly relevant here. There is no rejection that (a) the OP gave his agreement for disclosure, and (b) the data held is accurate.

 

Durkin repudiated his contract befoe inception, and the finance house refused to take the appropriate action. Durkin's ruling is useful - but not for people who are simply unhappy at the disclosure wich is otherwise accurate.

 

You forgot to mention the massive damages that he was awarded through damages to his credit rating.

[buzby]

You forgot to mention the massive damages that he was awarded through damages to his credit rating.

 

No I didn't, becasue that too is completely irrelevant to the OP, and to the point you are trying to make. Durkinn wasn;r awarded damages because of what was said on his credit file. The estoppel and latches part of his claim arose due to an actual loss he could prove when trying to juggle his finances using 0% interest credit cards, and the way he was managing his affairs by using the tactic of juggling his credit card debts. This made it fairly easy to quantify what he should have been charges and what he was ultimately charges because of the erroneous information.

 

Since these cards and now just a memory, his way of working isn;t relevant today. Even so, if he HADN'T been buying property he could not have proven actual loss. So, suggesting that there is the possibility of damages because of an incorrect credit file entry (and I don;t think this is relevant to the OP) the chances of 'substantial damages' would be wishful thinking.

 

The CRA's will carry on as before, correcting data tht is in error without liability. It is the firm that places the wrong data on file that will be liable, and you have to be able to prove ACTUAL loss, not pluck a figure out the air.

[Monty2007]

No I didn't, becasue that too is completely irrelevant to the OP, and to the point you are trying to make. Durkinn wasn;r awarded damages because of what was said on his credit file. The estoppel and latches part of his claim arose due to an actual loss he could prove when trying to juggle his finances using 0% interest credit cards, and the way he was managing his affairs by using the tactic of juggling his credit card debts. This made it fairly easy to quantify what he should have been charges and what he was ultimately charges because of the erroneous information.

 

Since these cards and now just a memory, his way of working isn;t relevant today. Even so, if he HADN'T been buying property he could not have proven actual loss. So, suggesting that there is the possibility of damages because of an incorrect credit file entry (and I don;t think this is relevant to the OP) the chances of 'substantial damages' would be wishful thinking.

 

The CRA's will carry on as before, correcting data tht is in error without liability. It is the firm that places the wrong data on file that will be liable, and you have to be able to prove ACTUAL loss, not pluck a figure out the air.

 

Not so sure about that........there are cases where mistakes are being made to peoples credit files which have huge consequential losses for them as per Durkin. His losses were from from compromised property purchases, increased APR's etc.

 

Durkin proved actual loss and instructed expert witnesses to quantify such.

[buzby]

Durkin could quantify his loss, and the finance house (not the CRA) fell liable. None of this, of course, has any relevance to the OP as this is not an issue here.

 

If you've found any cases were a CRA has been found financially liable (and had to pay a data subject, I'lm all ears - but so far have found nothing.

[Monty2007]

Durkin could quantify his loss, and the finance house (not the CRA) fell liable. None of this, of course, has any relevance to the OP as this is not an issue here.

 

If you've found any cases were a CRA has been found financially liable (and had to pay a data subject, I'lm all ears - but so far have found nothing.

 

There will be some and a good chance it will be in the Scottish courts.

[buzby]

Well I can't fine one. Only Durkin, and he's irrelevant here. So unless you can provide something firm to work from, rather than a possibility, we'll just have to err on the cautious side and say there isn't.

[neshah]

Hi neshah

 

I can understand your concerns in this matter and I'd like to offer you my help to investigate this for you.

 

Send me an from the Contact Us form with all the details, a link to this thread and WRT135 in the body of the text (so it is routed straight to my team) and I'll get in touch as soon as possible.

 

Thanks

 

Kirsty

Web Relations Team

Vodafone UK

 

Hi Kirsty, thaks for your prior response.

 

I have sent an email via your webform, as you suggested, nearly 2 weeks ago and am yet to hear anything at all. I did receive an autoreply a couple of days after saying I would get a response within 5 working days.

 

Its commendable for Vodafone/your team to provide this facility however it is slightly frustrating that there is no feedback at all.

 

Please advise whether you have received and what the next steps are, or alternatively how I can follow up.

 

Many thanks

[Kirsty Vodafone Company Re]

Hi neshah

 

I have replied to your PM regarding this

 

Thanks

 

Kirsty

Web Relations Team

Vodafone UK

[neshah]

Hi neshah

 

I have replied to your PM regarding this

 

Thanks

 

Kirsty

Web Relations Team

Vodafone UK

 

Thank you Kirsty - I have resubmitted the form as per your instructions.