Default remove - does this letter suffice

[Amy_Belle]

Hi there,

I was hoping somebody would be available to check that the letter below seems to be in order to start the ball rolling on getting a default notice unfairly issued by Vodafone. Any feedback will be gratefully received.

Thanks

Amy

 

Amy Bennett

XX

XX

XX

 

Quality Assurance

Vodafone Ltd

XX

XX

XX

27th November 2009

Dear Sir/Madam

 

Account Number – XXX

Mobile Number –XXX

After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against my name.

Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number: ______________

2. You must supply me with a signed true and certified copy of the original default notice

3. Any deed of assignment if the debt was sold on

Also, I cannot recall any clear statement that gave my express permission for Vodafone to continue disclosing my subject data to third parties after the end of the contract. You are no doubt aware that any non-agreed disclosure of personal data to third parties, without express written permission, is a criminal offence under Section 35, of the Data Protection Act.

I would request that this data is provided to myself within the next 14 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

Yours faithfully

Amy Bennett

[reallymadwoman]

A couple of potential problems I can see

1. I take it this is a mobile phone contract, in which case the CCA doesn't apply.

2. Was there a balance outstanding?

3. A default on your credit file is not equivalent to a default notice - they are entirely separate things.

 

If you can give a bit more information about the history, we might be able to come up with something else.

[Pinky69]

Mobile phone contracts are not covered by the CCA 1974 so you cannot send them the template quoting the Act but what you can do is ask them for a copy of the contract and statements. There is no requirement for a DN either as the requirement for one is aslo part of the CCA 1974 (Section 87 (1)). In any case a DN would not be necessary to enter a default on your credit files as it is intended to show that the relationship between the creditor and debtor has broken down - I refer you to the ICO's Technical Guidance on filing defaults, which you will find on their website. What you can do is query the entry on the grounds of accuracy - was the amount they defaulted you for correct? You can also query the whole debt if it is not yours by sending them the "prove it letter."

[Amy_Belle]

Ah. I wasn't aware of that.

The situation was I closed my account (05/2008)and there was a delay of 3 months (08/2008) before the account was settled, although I was in communication with them the whole time (the reason for the delay is that I had my contract bought out by Jag communications who took a very long tme to issue the cheque to me, I have been in contact with them and they are being very unhelpful, insisting that they performed within the correct timescales highlighted within my terms and condidtions, although the copy of the T&Cs they provided me with had my signature forged (!) I'm not really sure if this constitutes forgery) they didn't serve me a default notice and my account was very promptly shifted to a debt collection agency who recovered the ammount in full (08/2008) but the default notice has been dated 10/2008, am I right in thinking they are not allowed to forward information about me to third parties after my contract has ceased?

 

I want the best chance of getting this removed so want to proceed with caution when stating my claim, options being:

1. Get JAG to admit liability at the threat of taking the fraudulent signature further

2. Have Vodafone admit they did not issue a default and theat they did not follow correct procedures

3. Go down the data protection act route and threaten legal action if I must

 

Thanks very much for the advice

Amy

[Pinky69]

If they entered a default after the account was fully paid and closed, then that is your grounds for having the default removed. As I said, there is no requirement for a DN as that too comes under the CCA 1974.

[Amy_Belle]

If they entered a default after the account was fully paid and closed, then that is your grounds for having the default removed. As I said, there is no requirement for a DN as that too comes under the CCA 1974.

 

Thank you, do you know of any letter templates to file a complaint under this clause?

[Bazooka Boo]

Also a Deed of Assignment is normally associated with property, and can only be requested by a Court, a Notice of Assignment is possibly what you mean?

 

There has been another CAGger with the same problem surrounding this JAG communications lot:cool: seems they are a rather cumbersome incompetent bunch of cowboys, and best avoided.

[Amy_Belle]

How about this:

Amy Bennett

xxx

xxx

Quality Assurance

Vodafone Ltd

xxx

xxx

 

27th November 2009

Dear Sir/Madam

 

Account Number – xxx

Mobile Number – xxx

After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against my name.

I cannot recall any clear statement that gave my express permission for Vodafone to continue disclosing my subject data to third parties after the end of the contract, which was requested for cessation in May 2008 and the final payment made in August 2008, whilst the default did not appear until October 2008. You are no doubt aware that any non-agreed disclosure of personal data to third parties, without express written permission, is a criminal offence under Section 35, of the Data Protection Act.

Additionally, for such a small amount (£141) that was settled promptly (within 3 months) it is disappointing that Vodafone Ltd find it necessary to issue this default of the highest standing against me: an 8 which projects: ‘The account is in 'default'. You failed to keep to your credit agreement and have not responded satisfactorily to requests to bring your payments up to date, so the credit agreement has ended’ and I am not satisfied with this reason, it implies that I broke the agreement and did not cancel it and this, of course, this makes me look very bad to other lenders.

This is the only negative item on my credit file but it is resulting in a very poor show when searching for credit. This is having a really adverse effect on me and on my partner (who has recently become a victim of these times and has been made redundant) as we have no chance of gaining credit in any respect which effects our prospects as trustworthy tenants; the fees and deposits they are asking for are huge, let alone home owners, also as reliable borrowers; the only lenders who will loan to me charge upwards of 39% interest and as car owners, contractors and accepted members of society.

I therefore ask that as a matter of legal dispute or also as a gesture of altruism that you remove this default from my record.

If you believe that this notice is justified to my conduct whilst in contract with you then I ask for a Subject Action Request and enclose a postal order for £10 to cover this.

Please respond to my letter within 14 days

Yours faithfully

Amy Bennett

[hungrybear]

Amy I feel you are 'pushing water uphill with a stick' in this approach.

 

The only grounds you have for default remove is that it was entered after the contract was fully paid up. Hence the contract was complete and terminated and they had no further right to process your data.

 

I would suggest you have 2 options - plea to their better nature to get it removed

 

Or use section 10 of the dpa to get them to explain how and why they feel they had the right to continue processing your data by passing it to a third party two months after your contractural arrangement ceased - which terminated your consent to process data.

 

Just my 2p worth

[Pinky69]

Hungrybear confirms what I said above. Your grounds to get it removed are that it was entered after the account was fully paid up and cancelled when they no longer had your permission to process your personal data. There are 3 steps to getting it removed 1) ask the creditor; if that fails 2) complain to the Information Commissioner; if that fails 3) take them to court and get a court order to remove it. The history of the account whilst it was active is now irrelavant to you getting the default removed.

[hungrybear]

Hungrybear confirms what I said above. Your grounds to get it removed are that it was entered after the account was fully paid up and cancelled when they no longer had your permission to process your personal data. There are 3 steps to getting it removed 1) ask the creditor; if that fails 2) complain to the Information Commissioner; if that fails 3) take them to court and get a court order to remove it. The history of the account whilst it was active is now irrelavant to you getting the default removed.

 

I would save a stamp and omit 2 for all the good it would do - just my personal opinion of the Government Gummy Bears

[Pinky69]

I agree it will probably be a waste of time but some judges expect you to have tried that route before you go to court.

[Lee Vodafone Company Rep]

Hi Amy,

 

From what you've posted so far in this thread I geniunely believe that we can help you to get this sorted out.

 

In order for us to be able to take a closer look at your case further could you send us email with your details by following the instructions in our pinned thread http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/213340-vodafone-webteam-customers-problems.html?

 

Many thanks and look forward to hearing from you soon.

 

Lee

 

Web Relations Team

 

Vodafone UK

[hungrybear]

Hi Amy,

 

From what you've posted so far in this thread I geniunely believe that we can help you to get this sorted out.

 

In order for us to be able to take a closer look at your case further could you send us email with your details by following the instructions in our pinned thread http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/213340-vodafone-webteam-customers-problems.html?

 

Many thanks and look forward to hearing from you soon.

 

Lee

 

Web Relations Team

 

Vodafone UK

 

Not prepared to sort it out in the open then?

[Amy_Belle]

Hi Amy,

 

From what you've posted so far in this thread I geniunely believe that we can help you to get this sorted out.

 

In order for us to be able to take a closer look at your case further could you send us email with your details by following the instructions in our pinned thread http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/213340-vodafone-webteam-customers-problems.html?

 

Many thanks and look forward to hearing from you soon.

 

Lee

 

Web Relations Team

 

Vodafone UK

 

Many thanks for your advise Lee, unfortunately, this part of the site does not appear to be working though. Is there an alternative address I can forward my complaint to please?

Regards

Amy

[Lee Vodafone Company Rep]

Not prepared to sort it out in the open then?

 

Hi hungrybear,

 

I'm afraid this wouldn't be possible as Amy's query is account specific but Amy is welcome to keep everyone updated once she's contacted us.

 

Thanks,

 

Many thanks for your advise Lee, unfortunately, this part of the site does not appear to be working though. Is there an alternative address I can forward my complaint to please?

Regards

Amy

 

Hi Amy,

 

As you're having problems with our Contact us form I'll send you a PM with an alternative way of getting in touch with us.

 

Thanks,

 

Lee

 

Web Relations Team

 

Vodafone UK

Edited December 1, 2009 by Lee_Vodafone

[reallymadwoman]

All posters should be very wary of any advice offered by PM.

 

This is not a specific dig at Lee_Vodaphone - I have no idea if he's genuine or not. This is the standard advice issued by the site team.

[hungrybear]

Hi hungrybear,

 

I'm afraid this wouldn't be possible as Amy's query is account specific but Amy is welcome to keep everyone updated once she's contacted us.

 

Thanks,

 

 

 

That's OK I understand that the Data Protection Act 1998 apparently prevents you from discussing individual cases in open forum, just give a generalised vodafone response to either of the letters in posts #1 or #8 if you received them, via your contact us e-mail address. Or perhaps just answer the question:

 

In general terms, is it vodafone company policy to begin processing a persons data with an external third party such as a CRA after the contract with that person has finished so rescinding any permission to process their data, whether that permission be explicitly stated or even implied in the contract?

 

and if yes,

 

How do you justify the legality of such reporting in relation to the provisions of the Data Protection Act 1998?

 

These are questions we are all interested in on CAG and I'm sure I'm not the only one who would like an answer.

[callsignCharlie]

Hi ! i wonder if anyone can advise me? i had disputed an alleged debt with 1st credit who had a debt from natwest for £2800 , i diputed this and asked for a copy of my cca, which they could not provide.

 

Nat west sent me a letter saying that the debt was sold in 2008. I then got a letter back from 1st credit saying that "nat west bank have informed us thatthey are unable to provide us with a copy of the agreement at this time, We shal therefore no longer contact you and have closed our file"

 

I then asked them to remove the default from all credit ref agys which they sent me a long whinded letter basically saying that they legally didnt have to !

 

Can i send a copy of the letter that states the acc is closed:cool: to CRAs as proof and ask them to fully remove it? Or do i have to persist with 1st credit?

 

please help! xx

[hungrybear]

Hi ! i wonder if anyone can advise me? i had disputed an alleged debt with 1st credit who had a debt from natwest for £2800 , i diputed this and asked for a copy of my cca, which they could not provide.

 

Nat west sent me a letter saying that the debt was sold in 2008. I then got a letter back from 1st credit saying that "nat west bank have informed us thatthey are unable to provide us with a copy of the agreement at this time, We shal therefore no longer contact you and have closed our file"

 

I then asked them to remove the default from all credit ref agys which they sent me a long whinded letter basically saying that they legally didnt have to !

 

Can i send a copy of the letter that states the acc is closed:cool: to CRAs as proof and ask them to fully remove it? Or do i have to persist with 1st credit?

 

please help! xx

 

 

Thanks for ruining my evening and mentioning 1st and defaults.

 

CRA's will do as they are told by the people who pay their bills - they wont remove it. You have to go after 1st via the DPA. Unfortunately it's like pushing water uphill with a stick!

 

I plan on attacking them on this very subject in the new year which Iam pretty sure will end up with me taking them to court.

[Lee Vodafone Company Rep]

All posters should be very wary of any advice offered by PM.

 

This is not a specific dig at Lee_Vodaphone - I have no idea if he's genuine or not. This is the standard advice issued by the site team.

 

Hi reallymadwomen,

 

I appreciate your concern for our fellow Caggers and would recommend anyone with any reservations about contacting the Web Relations Team to contact the Site Team or take a look at our pinned thread http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/213340-vodafone-webteam-customers-problems.htmlfor reassurance that we are genuinely here to help where I can.

 

All the best.

 

That's OK I understand that the Data Protection Act 1998 apparently prevents you from discussing individual cases in open forum, just give a generalised vodafone response to either of the letters in posts #1 or #8 if you received them, via your contact us e-mail address. Or perhaps just answer the question:

 

In general terms, is it vodafone company policy to begin processing a persons data with an external third party such as a CRA after the contract with that person has finished so rescinding any permission to process their data, whether that permission be explicitly stated or even implied in the contract?

 

and if yes,

 

How do you justify the legality of such reporting in relation to the provisions of the Data Protection Act 1998?

 

These are questions we are all interested in on CAG and I'm sure I'm not the only one who would like an answer.

 

Hi hungrybear,

 

I can assure you that it's not Vodafone's policy to register information such as late payments or defaults with CRA's once we have either received a customer's final payment directly or via a DCA.

 

We will of course amend a customer's credit file, where it's been necessary to register a default, as satisfied once final payment has been received.

 

Generally these are the only amendments we will make to a customer's credit file once their account has been settled unless of course an investigation uncovers an error which requires us to take further action.

 

I hope this addresses your concerns but should there be anything else you'd like me to address let me know and I'll do my best.

 

All the best.

 

Lee

 

Web Relations Team

 

Vodafone UK

[hungrybear]

Thank you lee. I did not expect a reply so well done and... it's a good (if a little vague) reply.

 

 

BTW I am a long standing vodafone customer who pays his bill on time by DD every month and I am very happy to remain a customer - so credit where credit's due

 

(PS can I now have a free upgrade to an iphone please:D)

[Lee Vodafone Company Rep]

Hi hungrybear,

 

You're welcome and if you'd like to let me know where I can clear up the vagueness I'll do my best to do this for you.

 

It's also nice to read that you've been a customer with us for long time and that you're happy to remain with us.

 

Although I have no news as to when it'll be officially available you're welcome to get in touch with me when you're next eligible to upgrade and I'll see what my colleagues in sales can do for you.

 

All the best.

 

Lee

 

Web Relations Team

 

Vodafone UK