Vodafone - Default removal + distress claim ***WON***

[car2403]

im interested in this. would this be as simple as crossing off this part of the t&c's and hoping they dont notice or care? i presume they wouldnt negotiate on this?

 

how would i go about taking out a contract without this clause?

 

I don't think you could. You're right that they won't negotiate.

 

Of course, not having the chance to negotiate individual clauses could be unfair under UTCCR

 

Anyone burned by a Network like this will never take a contract out with them again - Buz and I know this, now, of course!

[buzby]

It has become more difficult of late, especially with arrival of 'online' contracts that are deemed to be updated when the network chooses, you have to ensure when this happens that nothing changes to the contract you modified.

 

However, it still remains possible - I modified two Orange contracts. However, to do this, I needed to request that I take the original contract to peruse to ensure it met my needs. I then returned to the shop with the contract all but completed, save for the change of two items and removal of one (the right to disclose financial dealings to a third party - A CRA in other words).

 

The first contract went through, and I received my copy of it back - complete with my modifications. Whether this was because nobody noticed, is anyone's guess. On another contract (T-Mobile), the modifications were refused, and they said no modifications or alterations were allowed, so I would have to complete a fresh contract, or they would not complete the deal. I didn't complete it.

 

Any contract is an agreement by both sides, and if there is something you don't like, you can change it (or at least try). It may not be accepted, and this remains a possibility, but with the ability to purchase phones SIM-free, and have a PAYG SIM that you can swap when you want, anyone who doesn't have 100% clairvoyance for the duration of a mobile contract, would be a fool to risk their financial standing for something as unnecessary as a phone contract.

[fuzzyfuzzy]

It has become more difficult of late, especially with arrival of 'online' contracts that are deemed to be updated when the network chooses, you have to ensure when this happens that nothing changes to the contract you modified.

 

However, it still remains possible - I modified two Orange contracts. However, to do this, I needed to request that I take the original contract to peruse to ensure it met my needs. I then returned to the shop with the contract all but completed, save for the change of two items and removal of one (the right to disclose financial dealings to a third party - A CRA in other words).

 

The first contract went through, and I received my copy of it back - complete with my modifications. Whether this was because nobody noticed, is anyone's guess. On another contract (T-Mobile), the modifications were refused, and they said no modifications or alterations were allowed, so I would have to complete a fresh contract, or they would not complete the deal. I didn't complete it.

 

Any contract is an agreement by both sides, and if there is something you don't like, you can change it (or at least try). It may not be accepted, and this remains a possibility, but with the ability to purchase phones SIM-free, and have a PAYG SIM that you can swap when you want, anyone who doesn't have 100% clairvoyance for the duration of a mobile contract, would be a fool to risk their financial standing for something as unnecessary as a phone contract.

 

thats interesting, did you simply cross them out and initial the changes?

[buzby]

It was only 3 lines, so a ruler and a pen was deployed.... looking at it it is almost invisible compared to the other 200 lines on the contract, but it removed the conditions I didn't want.

[jeccapf]

OK, but confused abit here - genreally, doesnt their right to process any information end when the contract ends? I know that this argument had previously stood up with Experion and Equifax, and as a result of that they changed their guidance to stores to change their contracts to specifically allow processing of information for 6 years after the contract ends, but if we are talking about a contract drawn without this clause, then even if they end the contract due to default, that means they then cant process it doesnt it? or does it? does anyone know the up to date position?

 

The automatic renewal is an interesting twist too, coz you dont re-sign those do you, so you'd need to check if they changed the terms every time you renewed, if you knew what clause it was and crossed it out without the numpty in the shop noticing, they'd accept it.

[buzby]

No - there are a number of misconceptions here - the 6 years is an arbitrary limit (set by the CRAs after copying what the courts do). If you have taken out a contract, you will also have explicitly granted them permission to pass your details to a CRA. If you have problems paying then your contract clearly remains in force and the late payments are shown to the CRA. If the network decides the contract is so seriously in breach, they will terminate it whilst simulatenously telling the CRA that the contract has been terminated adversely (with prejudice), and from them on they cease to process your information - save for passing it on to a DCA for collection, which is allowed.

 

Ther's also no 'automatic renewal' - there is NO END DATE to a mobile contract. It will run forever providing you pay the bills. There may be a minimum term (6/12/18/24/36 months) and usually a 'period of noice' usually 30 days, where you advise you wish to terminate your contract.

 

Contracts may have their terms modified 'mid-term' but they should not manifestly disadvantage you, and it it does, you should have the ability to ask to be released from it. BT introduced rolling contracts, but I'm not aware of any mobile network trying this.

[fuzzyfuzzy]

So, in theory if someone did an SAR on the mobile company and they couldnt produce a copy of the contract. could it then reasonably be argued that the customer mad an ammendment to the contract (similar to how you suggest buzby) disallowing 3rd party disclosure and subsequently challenge the cra and the mobile company as they would not be able to prove the customer had agreed to this and so would be in breach of the DPA.

 

could this be a way around their get out jail free card over not having to comply with the CCA?

[jeccapf]

OK - get that, but, if two concerns:

 

1 can the cra's put up a default on your credit file for something that hasnt been placed in the public domain by a court (ccj or bankruptcy or something), which is all the data protection act seems to authorise them to hold by my understanding of it - thereby denying you the right to a fair hearing of why it shouldnt be there?

 

2 is there anything you can do to prevent something being held for the arbitary 6 years?

 

Its such a long period of time and the effects are sooooo severe, there must be a solution to that problem (for those of us sitting at the back and not paying attention to the very wise advice not to get such contracts in the first place!)

[buzby]

So, in theory if someone did an SAR on the mobile company and they couldnt produce a copy of the contract. could it then reasonably be argued that the customer mad an ammendment to the contract (similar to how you suggest buzby) disallowing 3rd party disclosure and subsequently challenge the cra and the mobile company as they would not be able to prove the customer had agreed to this and so would be in breach of the DPA.

 

could this be a way around their get out jail free card over not having to comply with the CCA?

 

I don't believe they have to hold the actual contract, as invariably the details are either scanner or entered into a machine readible form, including an image of the contract itself IF they are minded to, but I donlt believe it is a requrement. For CCA issues the actual contract or an image of it MUST be available, but since mobile agreements are simply service contracts, and consumers are deemed to have agreed to them by making a payment or providing their DD details, this is becoming less important. The networks will simply supply a copy of the T&C's deemed to be currently in force.

 

I'd love to say my changes were ignored and I was able to force the issue, but of the contract I had successfully taken out, details of it did NOT appear to be passed to a CRA, and after 13 months I gave notice of termination and that was that.

[Archway]

I love this web site, I really wish I had found it sooner

 

I e mailed Vodafone about three weeks ago asking them to remove a default they had put on my account about four years ago. They only got back to me today after I chased them up again, and they have asked me to dial an 0870 number, two chances, I want everything in writing.

 

Basics of the story is:

 

They would charge me £3-00 for not paying by DD, even though every time I got my bill, I went on the net, bit of Internet Banking, bill was paid there and then minus the £3-00.

 

Ended up getting a default and threatening letters from a DCA for the almighty sum of £39-00 sterling, within around three weeks of the brown stuff hitting the fan. During this time I was arranging a re-mortgage, and this was how I found out about the default.

 

I was lucky as my sister arranged my mortgage and found a way around the default.

 

I have now asked them to remove the default as, in my opinion, they were too quick off the mark to hand it over to a DCA and the account, now settled fully and within around five weeks, and was in dispute.

 

I'll let you know how it goes, but I have a feeling I may be in for a bumby ride as it was a few years ago.

[locutus]

I love this web site, I really wish I had found it sooner

 

I e mailed Vodafone about three weeks ago asking them to remove a default they had put on my account about four years ago. They only got back to me today after I chased them up again, and they have asked me to dial an 0870 number, two chances, I want everything in writing.

 

Basics of the story is:

 

They would charge me £3-00 for not paying by DD, even though every time I got my bill, I went on the net, bit of Internet Banking, bill was paid there and then minus the £3-00.

 

Ended up getting a default and threatening letters from a DCA for the almighty sum of £39-00 sterling, within around three weeks of the brown stuff hitting the fan. During this time I was arranging a re-mortgage, and this was how I found out about the default.

 

I was lucky as my sister arranged my mortgage and found a way around the default.

 

I have now asked them to remove the default as, in my opinion, they were too quick off the mark to hand it over to a DCA and the account, now settled fully and within around five weeks, and was in dispute.

 

I'll let you know how it goes, but I have a feeling I may be in for a bumby ride as it was a few years ago.

 

Please do keep us updated. Could you start your own thread please? That way any advice will be taylored soley for yourself and your circumstances

[Archway]

Please do keep us updated. Could you start your own thread please? That way any advice will be taylored soley for yourself and your circumstances

 

Will do locutus

[the thinker]

hi,

i got a default judgement on vodapone and there solicitors put in a n244 application and for it to be heard on the telephone,court sent me a letter saying this case is not suitable for a telephone hearing, any help please as i sent a section 10 notice and voda didnt reply

[Lee Vodafone Company Rep]

Hi thethinker,

 

It's unusual for you not to have received a reply to your Section 10 Notice.

 

Should you like me to follow this up for you could you email me with your details via the Contact us form here and quote the code WRT135 - CAG Forum in the subject line?

 

Once sent you'll receive an automated reply with a reference number. To ensure that it reaches me could you update the thread with this and I'll get back to you as soon as possible?

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

[sarah31]

Hello

 

I'm hoping that by posting on here I can finally get somewhere with my queried default with Vodafone. ( I am new on here so hopefully i'm posting this is in the right place and adhering to the rules).

 

Back in April 2011 I had mobile broadband with Vodafone. I emailed in to cancel this contract via their site, and recieved an email back to say that I had recieved my request to cancel.

 

So I thought nothing of it and moved house (the reason for cancelling the contract). I was refused credit a few times but thought it was to do with the voters roll as I earn over £40k per year and have made regular online monthly payments on my small credit card balance.

 

I then applied for credit on a small purchase, which was refused. As such I signed up to Experian to find that Vodafone had a default on my account all of this time for the tiny amount of £17!! On finding this out I called over eight times and was told each time that they had no record of my account even why I provided my full address, email, DOB etc). Even a supervisor couldnt find my account.

 

Then finally someone managed to find my account so of course asked if I could pay the balance (which I'd had no knowledge of all this time!) and to get the default removed. I was advised even though the balance is settled it will take a month to show as such on my credit file, and will then sit on my file for six years!!

 

I am outraged. I have written to the Quality Assurance team, they dont take calls or emails apparently and have been told that it can take up to a month for them to reply to me.

 

I am shocked as to why vodafone didn;t action my request to cancel the contract, only tried to contact me by letter (as i'd moved) and how this can have gone on this long.

 

In addition - having a default on my account for six years for such a small is ludicrous especially as it will stop me from getting a mortgage in the next few months.

 

I am now waiting for a response from the quality assurance team as to whether this appaling default will be removed. If it isn't I shall keep complaining until someone at Vodafone takes it seriously.

[Lee Vodafone Company Rep]

Hi sarah31,

 

Thanks for making me aware of your concerns.

 

To enable me to get this looked into further could you email me with the relevant details via the Contact us form here and quote the code WRT135 - CAG Forum in the subject line?

 

Once sent you'll receive an automated reply with a reference number. To ensure that it reaches me could you update the thread with this and I'll get back to you as soon as possible?

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

[sarah31]

Hi Lee

 

Thank you very much for looking into this for me.

 

I recieved an automated email back from Vodafone reference number 11125338.

 

Thanks

Sarah

[Lee Vodafone Company Rep]

Hi Sarah,

 

Thanks for coming back to me.

 

Although I wasn't able to get in touch with you yesterday I'll try again during the course of this afternoon.

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

[sarah31]

Hello

 

This has now all been resolved, all thanks to Lee.

 

Lee you've been brilliant in investigating this and keping me up to date with developments, thanks so much for all of your help in getting the default removed.

 

Kind regards

Sarah

[Lee Vodafone Company Rep]

Hello

This has now all been resolved, all thanks to Lee.

Lee you've been brilliant in investigating this and kepingme up to date with developments, thanks so much for all of your help in gettingthe default removed.

Kind regards

Sarah

You're more than welcome Sarah.

Thanks for taking the time to update the thread with theoutcome to your case.

Take care and all the best with your mortgage application.

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

Edited May 1, 2013 by citizenB

[citizenB]

I will be starting new threads for

 

msmimi80

 

and

 

RosieB86

 

I will send links to both of you and also leave one on here for each of you.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?390103-Vodafone-Default-removal-distress-claim-RosieB86&p=4163556#post4163556

 

The above link is for RosieB86

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?390106-Vodafone-Default-removal-distress-claim-msmimi80

 

This link is for msmimi80

[citizenB]

Tinker, I will move your post to a thread of its own and leave a link here for you.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?424709-Vodafone-Default-problem&p=4536290#post4536290

 

The link above is for Tinker420.