Vodafone Default

[lj_brix28]

Hi there, I am a new poster and have been having some difficulty getting a default removed from my credit file placed there by Vodafone in 2008.

 

This contract was signed in Phones 4 U in 2004 on behalf of my daughter who missed a payment or two however as the contract was in my name the default has consequently been placed on my report - I myself have always maintained an impecible credit report and this default is ruining my credit completely. I have followed some of the advice on here arguing the case that I do not recall signing a contract which allowed Vodafone to pass on my details to any 3rd parties (data protection act breach) however Vodafone have stated that as I had signed the contract with phones 4 u they do not have a copy of my signed contract and need to speak with phones 4 u. If Vodafone are not the contract holders how do they have the right to pass on my details and issue defaults?

 

Does anyone have any advice on how to get a default removed if the contract was signed via a retailer?

 

Not too sure what my rights are here and have hit a bit of a brick wall - any advice would be much appreciated.

 

Many thanks.

[lj_brix28]

Hi there, I am a new poster and have been having some difficulty getting a default removed from my credit file placed by Vodafone in 2008. Sorry for the long post.

 

I have tried politely requesting my default being removed (I thought they would respond to this given the rough financial times we are all going through - having a default is financially crippling for my family). They have refused.

 

This contract was signed in Phones 4 U in 2004 on behalf of my daughter who missed a payment however as the contract was in my name the default has consequently been placed on my file - I myself have always maintained an impecible credit report and this default is ruining my credit completely (issues with mortaging and 0% credit etc). I have followed some of the advice on here arguing the case that I do not recall signing a contract which allowed Vodafone to pass on my details to any 3rd parties (data protection act breach) however Vodafone have stated that as I had signed the contract with phones 4 u they do not have a copy of my signed contract and need to speak with phones 4 u instead (I feel like I am being passed around here as Vodafone initially told me to speak with Capquest) - they haven't even bothered to sent me a response to my last letter stating this, I had to call up to get some answers.

 

If Vodafone are not the contract holders how do they have the right to pass on my details and issue defaults?

 

Does anyone have any advice on how to get a default removed if the contract was signed via a retailer?

 

Also my personal details listed by vodafone on my report are incorrect however (my title and date of birth are wrong), the young man in customer services said they can have these details corrected but will not remove the default (I just find it so spiteful that a large corporation can go through the trouble of changing details but wont just remove it).

 

Not too sure what my rights are here and have hit a bit of a brick wall - any advice would be much appreciated.

 

I am so disappointed with this company, 6 years is an extreme sentence.

 

Many thanks.

[MARTIN3030]

Welcome to the site.

 

Most contracts will say that they reserve the rights to share or pass your details to third parties on default.

This is something usually in the small print that many dont even read.

 

In fact processing or sharing data is indeed an integral part of the contract in most instances since if you say you dont agree-how can they do credit checks ?

 

Anyway,

Lets look at your complaints here-I assume that you have a copy of your credit files-what does it say there ?

Who has recorded the default ?

Who has updated the last entry ?

Has there been any communications with you and Capquest ?

If so what has been said ?

 

Can you say if your comms have been in writing or by phone/email ?

 

 

I will give you a link to follow for Vodafone Webteam,who I am sure if you have been reading here,have been resolving Vodafone related complaints.

I will also alert their team to this thread.

 

Defaults are very difficult to remove from credit files,there are unfortunately thousands of people trying to do it.

But if you have grounds and recourse that can show it was entered prematurely and should not be there,then thats different.

 

Please respond to this link and hopefully the ball can start rolling.

 

 

 

 

Re: Vodafone Webteam-for Customers With Problems Hi CAG members,

 

We thought it would be nice to introduce ourselves and to assure you all that our presence on CAG is with the very best of intentions.

Vodafone UK has recently introduced a dedicated Web Relations Team which is keen to seek out customers who’re having difficulties with their accounts and feel that they have no other place to turn to than CAG and other consumer forums and blogs.

Naturally, it’s not possible for us to help directly with account specific queries on CAG and as such we would encourage those members who feel we can help them to contact us privately and securely using the ‘Contact us’ form on the Vodafone website with your account details.

https://help.vodafone.co.uk/system/s...PARTITION_ID=1

 

When emailing us we would also ask that you either provide us with a link to your post or thread – if you’ve posted in another member’s thread please also provide your CAG username so that we can check what your query is – and state the code WRT135 within the body of your email to make sure it comes through to us.As soon as we’ve received your email we’ll endeavour to get back to you as quickly as possible.

 

Many thanks

 

Web Relations Team

Vodafone UK.

Edited May 8, 2010 by MARTIN3030
link added

[silverfox1961]

Hi and welcome,

 

While I have never had a mobile contract, my view is that when you took out the contract back in 04, that was for Vodafone and the phone came with the contract. I believe that gave them permission to mark your credit file.

I don't think anybody actually reads the terms fully so you may have missed it.

A couple of ways with this. Contact Phones4u and see what they come back with.

Contact Lee on this link:

http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed-internet/213340-vodafone-webteam-customers-problems.html

Lee has been very helpful to members here and if it is possible to help, he will.

[lj_brix28]

Hi, thanks for your response - another long one from me...

 

The Default was recorded by Vodafone Singlepoint in 2008 (it has a settled marker next to the entry, Aug 2008 for £320

 

The only coomunication I had with Capquest is when I wrote to them (after Vodafone reffered me to them via phone) arguing that I had not recieved a default notice from them therefore believed the default was recorded hastily. Capquest later sent me back to Vodafone as it is apparently them who is responsible for making the entry (which does make sense as my file says 'Vodafone')

 

I was reading the threads a few months ago from some members who had some luck with Vodafone in particular and had argued that their contract didn't actually grant permission to pass on details to 3rd parties - I am sure new contracts will all have this clause in them but I was hoping that as my contract was signed in 2004 (the same sort of time as the members who won the case) then I would have grounds for a removal also. I wrote a letter to Vodafone (company secretary) issuing a statatory notice complaining of a possible breach of my data protection rights and requested either a removal or a copy of my signed contract highlighting where I had agreed to them passing on details after my contract had ceased (my contract ended in 2008. They sent me a standard letter with a print out of their terms and conditions (from their website) which is not what I asked for - the terms and conditions they sent me were updated in 2008 anyway so are not necessarily the same terms which I signed and is irrelevant as this was not my signed contract. I also complained in my letter that they had inputted the wrong personal details (they ignored this in the letter) - Their response just stated that they have the right to do what they are doing and are under 'obligation' to do so and used the 2008 terms and conditions as proof.

 

I sent a reply requesting that they send me the information that I asked for (i.e signed contract) or alternatively reomve my default, I also reminded Vodafone of the fact they recorded the wrong details (when I initially spoke with Vodafone customer service the young man stated that they would only remove a default if they had made an error) - as far as I was concerned this was another reason why I believed it could be taken off.

 

As I had not heard a follow up response I decided to call the number that was on the first Vodafone letter (I think the complaints office), I was told that they haven't bothered to send me a response as it's not them who hold my contract it is Phones 4 U (after wasting so much time). I was curious as to how Vodafone had the right to tarnish my account if they are not the contract holder (the guy on the phone was unsure of this and just told me to speak with Phones 4 U), I also asked him to tackle my 2nd issue of the incorrect details being input to which he responded that they can kindly update my Experian report if I take a copy of my passport to a store - I was completely gobsmacked at the lack of any humanity these companies have.

 

I agree with the credit sytem and believe it to be fair (for the most part) and I have always worked within it and upheld a great score - when I signed the contract for my daughter (which I regret more than anything) I was assured that everything would go over to her and she had rights to the account, it appears this did not happen and I am stuck with an inaccurate reflection of my personal financial situation. I offered to send Vodafone a copy of my credit file (to show I have always worked hard to keep it in good form) and my daughter's bank details proving that she was responsible for the upkeep of the account and making payments - they say that in the interest of responsible lending the default needs to remain but if they can see that my file proves I have always been responsible then surely why can they not just save a family and remove it - just makes me sick.

 

I feel so cheated - what is the point in working so hard to keep your finances in order if at the drop of a hat (with no notice) my whole credit file is shattered. My daughter has got it in the neck already for bringing this on us, I just need a bit of help from Vodafone to put things right - it's not much I ask for.

 

Thanks again for you help.

[lj_brix28]

Please note, I have sent 3 letters in total all via recorded delivery.

1 to Capquest and 2 to Vodadone, the second Vodafone letter has not been responded to in writing. I have had a couple of phone conversations inbetween letters just to get some answers.

[MARTIN3030]

Ok thanks for posting further.

Can you say which terms and conditions would have applied to your account ?

Specifically what year ?

[MARTIN3030]

I have looked on Wayback archive-but all the entries there direct to VF current website.

 

I think the case you refer to was this one;

 

 

Complaint against Vodafone about unfair contract terms and misleading promotional literature

 

CW/00801/11/04

 

 

Complainant: Leicestershire County Council

Complaint against: Vodafone Ltd

Case opened: 16 November 2004

Case closed: 15 March 2005

Issue: Unfair contract terms and misleading promotional literature

Relevant instrument:

Part 8 of the Enterprise Act 2002

The Control of Misleading Advertisements Regulations 1988, The Unfair Terms in Consumer Contracts Regulations 1999 and The Consumer Protection (Distance Selling) Regulations 2000

Leicestershire County Council ("LCC") submitted a complaint in relation to Vodafone's:

1. terms and conditions for 18 different Vodafone consumer contracts; and

2. promotional literature for its insurance cover.

This complaint was prompted by various complaints that LCC received from consumers.

LCC's complaint raised concerns relating to the Unfair Terms in Consumer Contracts Regulations 1999 ("UTCCR"), the Consumer Protection (Distance Selling) Regulations 2000, and the Control of Misleading Advertisements Regulations 1988.

Ofcom opened an investigation into the complaint pursuant to its powers under Part 8 of the Enterprise Act 2002 (the "Act").

Vodafone contract terms

Ofcom considered that the following seven of the 18 Vodafone contracts (the "Contracts") contained potentially unfair terms which could breach the UTCCR:

 

1. Top up transfer;
   
2. General website terms;
   
3. Vodafone mail;
   
4. Airtime;
   
5. Pay monthly;
   
6. Vodafone live! Postcard; and
   
7. M-pay bills.
   

The terms in the Contracts which Ofcom considered to be potentially unfair are listed below.

1. Top up transfer contract

 

Clause 9 - Limitation of liability excluded all liability other than death or personal injury from Vodafone's negligence.

Ofcom regarded this clause as potentially unfair under paragraph 1 (b) of Schedule 2 of the UTCCR as it may inappropriately exclude or limit the legal rights of the consumer vis-à-vis the seller or supplier or another party in the event of total or partial non-performance or inadequate performance by the seller or supplier of any of the contractual obligations, in particular, by excluding the liability of Vodafone in the provision of the services for any losses, damages, costs or expenses arising from any errors, defects and delays in the provision of the services.

Vodafone has revised the wording of this clause to restrict the exclusion of liability to when it is not Vodafone's fault.

2. General website terms and conditions

 

Disclaimer and Limitation of Liability clause was widely drafted with the effect of excluding most claims of liability against Vodafone.

Ofcom regarded this clause as potentially unfair under paragraph 1(b) of Schedule 2 of the UTCCR as it may inappropriately exclude or limit the legal rights of the consumer vis-à-vis the seller or supplier or another party in the event of total or partial non-performance or inadequate performance by the seller or supplier of any of the contractual obligations, in particular, by limiting or disclaiming liability, subject to such liability which may not be excluded or limited by the applicable law.

Vodafone has proposed to delete from the clause the wording in relation to the exclusions of liability in respect of consumers as soon as is practicable and to not enforce this provision in the meantime.

3. Vodafone Mail contract

 

In the Vodafone Mail contract, Ofcom regarded the following clauses as potentially unfair under the UTTCR:

 

• Limits on Vodafone's Liability
  
• Disclaimer
  
• Termination and Variation Rights
  
• Miscellaneous representations
  

Vodafone has submitted that the terms and conditions complained of are an outdated set. The current version does not include those provisions. Vodafone is in the process of removing the obsolete terms and will not enforce those in the meantime.

4. Airtime contract

 

Clause 5 Liability and Clause 9 Liability and exclusions were drafted widely with the effect of excluding liability for consequential and indirect losses.

Ofcom regarded those clauses as potentially unfair under paragraph 1(b) of Schedule 2 of the UTCCR as they may inappropriately exclude or limit the legal rights of the consumer vis-à-vis the seller or supplier or another party in the event of total or partial non-performance or inadequate performance by the seller or supplier of any of the contractual obligations, in particular by limiting or disclaiming liability, subject to such liability which may not be excluded or limited by the applicable law. Please note that Clause 5 is a summary of Clause 9.

Vodafone has revised those clauses to include the wording that liability may be excluded for any business loss or any indirect or consequential loss which is not reasonably foreseeable at the time the contract is entered into.

5. Pay-monthly contract

 

Clause 5 Liability and Clause 9 Liability and exclusions are drafted widely with the effect of excluding liability for consequential and indirect losses.

Ofcom regarded those clause as potentially unfair under paragraph 1(b) of Schedule 2 of the UTCCR as they may inappropriately exclude or limit the legal rights of the consumer vis-à-vis the seller or supplier or another party in the event of total or partial non-performance or inadequate performance by the seller or supplier of any of the contractual obligations, in particular by limiting or disclaiming liability, subject to such liability which may not be excluded or limited by the applicable law. Please note that Clause 5 is a summary of Clause 9.

Vodafone has revised those clauses to include the wording that liability may be excluded for any business loss or any indirect or consequential loss which is not reasonably foreseeable at the time the contract is entered into.

6. Vodafone live! Postcard

 

Clause 8.4 is drafted widely with the effect of excluding liability for consequential and indirect losses.

Ofcom regarded this clause as potentially unfair under paragraph 1(b) of Schedule 2 of the UTCCR as it may inappropriately exclude or limit the legal rights of the consumer vis-à-vis the seller or supplier or another party in the event of total or partial non-performance or inadequate performance by the seller or supplier of any of the contractual obligations, in particular by limiting or disclaiming liability, subject to such liability which may not be excluded or limited by the applicable law.

Vodafone has proposed to delete from the clause the wording in relation to the exclusions of liability in respect of consumers as soon as is practicable and propose to not enforce this provision in the meantime.

Clause 8.6 limited Vodafone's liability to amounts paid by the customer for the Services in the year in which an event occurs.

Ofcom regarded this clause as potentially unfair under paragraph 1(b) of Schedule 2 of the UTCCR as it may inappropriately exclude or limit the legal rights of the consumer vis-à-vis the seller or supplier or another party in the event of total or partial non-performance or inadequate performance by the seller or supplier of any of the contractual obligations, in particular, by limiting liability to the amounts paid by a customer in the year in which the event occurs.

Vodafone has proposed that it will delete this wording from the relevant clauses as soon as practicable and will not enforce the provisions limiting liability under this clause to the amounts paid for the services in the meantime.

Clause 11.3 limited Vodafone's liability to amounts paid by the customer for the Services in the year in which an event occurs.

Ofcom regarded this clause as potentially unfair under paragraph 1(b) of Schedule 2 of the UTCCR as it may inappropriately exclude or limit the legal rights of the consumer vis-à-vis the seller or supplier or another party in the event of total or partial non-performance or inadequate performance by the seller or supplier of any of the contractual obligations, in particular, by limiting liability to the amounts paid by a customer in the year in which the event occurs.

Vodafone has proposed that it will delete this wording from the relevant clauses as soon as practicable and will not enforce the provisions limiting liability under this clause to the amounts paid for the services in the meantime.

Clause 14.4 excluded representations made to the customer by an agent of Vodafone.

Ofcom regarded this clause as potentially unfair under paragraph 1(n) of Schedule 2 of the Regulations as it may limiting the seller's or supplier's obligation to respect commitments undertaken by his agent or making his commitments subject to compliance with a particular formality. In particular, by excluding responsibility under the contract for any previous statements made to the customer.

Vodafone has proposed to delete this clause as soon as is practicable and to not enforce this provision in the meantime.

Ofcom accepted undertakings from Vodafone in respect of the potentially problematic clauses in the Contracts. On this basis, Ofcom decided to close its investigation into the Contracts under the UTCCR.

It should be noted that Ofcom does not have the power to "clear" contract terms under the Regulations. Only a court has the power to determine whether a term is unfair under the Regulations. Ofcom is therefore able to consider any further complaints regarding these Terms and Conditions in the light of the evidence presented to it.

Ofcom has not identified any problematic issues in relation to the contracts under the Consumer Protection (Distance Selling) Regulations 2000.

Vodafone promotional literature for its insurance cover

Ofcom considered that Vodafone's promotional literature for its insurance cover was confusing and potentially misleading under the Control of Misleading Advertisements Regulations 1988.

The literature contains a textbox entitled "What's covered". This textbox purports to detail the insured risks. The actual risks that are insured under the contract of insurance are much more restrictive than are detailed in the textbox. Accordingly, the promotional literature is confusing and has the potential to mislead.

Vodafone submitted revised insurance promotional literature to Ofcom. This literature includes changes to clarify the fact that the cover relates to theft from locked vehicles and does not include loss while unattended. On this basis, the promotional literature no longer raises any concerns under the Control of Misleading Advertisements Regulations 1988.

On the basis of the above, Ofcom has decided to close the investigation.

Case Leader: Tanya Rofani (e-mail: [email protected])

Case Reference: CW/00801/11/04

Text published when the case was opened

Complaint against Vodafone about unfair contract terms and misleading promotional literature

Complainant: Leicestershire County Council

Complaint against: Vodafone Ltd

Case opened: 16 November 2004

Issue: Unfair contract terms and misleading promotional literature

Relevant instrument:

Part 8 of the Enterprise Act 2002

The Control of Misleading Advertisements Regulations 1988, The Unfair Terms in Consumer Contracts Regulations 1999 and The Consumer Protection (Distance Selling) Regulations 2000

Leicestershire County Council has submitted a complaint to Ofcom in relation to Vodafone's promotional literature for its insurance cover and the terms and conditions for various Vodafone products and services (including Airtime, Paymonthly and Pay as You Talk). This complaint was prompted by various complaints received by Leicestershire County Council from consumers.

Leicestershire County Council's complaint raises concerns relating to the Control of Misleading Advertisements Regulations 1988, the Unfair Terms in Consumer Contracts Regulations 1999 and the Consumer Protection (Distance Selling) Regulations 2000.

Ofcom is investigating the complaint pursuant to its powers under Part 8 of the Enterprise Act 2002.

Case Leader: Tanya Rofani (e-mail: [email protected])

Case Reference: CW/00801/11/04

[lj_brix28]

Hi there, thanks for your input.

 

Well I signed the contract back in 2004 (I can't recall which month though) - I had googled for advice on how to get phone defaults removed and threads from SurelyBonds and ffocus had given me a bit of hope to get some success.

 

These posts were created a couple of years ago so perhaps things have changed somewhat - one in particular was titled Vodafone - Default removal + distress claim ***WON*** - he had argued on the Data Protection Act breach and threatened court action and won, default was removed and he recieved compensation (is this what I need to do, get heavy handed with court action? it's a shame that politeness gets you nowhere).

 

Thanks a lot for your help.

[MARTIN3030]

With every respect to Surley,as I recall,although his posts and suggested remedy were highly informative,I dont remember there being many successes reported as a result.

There were some questioning the information too.

Unfortnately,for reasons best known to himself,Surley didnt stick around here very long-and so its fair to say that we were not in a great position to know or see any big results.

Without any doubt though,his posts certainly created lots of interest and I myself was riveted into learning more.

[lj_brix28]

Oh that's a shame, if only it were that easy - well this one posted by ffocus seemed to have a result (Vodafone - Default removal + distress claim ***WON***) , do you want me to post the thread? I have it saved in my favourites

[MARTIN3030]

No its ok I remember this case.

 

Remember though-each case is decided on their own merits.

[Lee Vodafone Company Rep]

Hi lj_brix28,

 

As silverfox1961 has suggested if you could get in touch with me by following the steps in the pinned thread they've linked you to and I'll happily take a closer look at this for you?

 

Once you've sent your email you've receive an automated reply which will contain a reference number. Could you update your thread in the Telecoms section here with it and so that I can make sure we get it and as soon as we do we'll get back to you as soon as we can.

 

Thanks,

 

Lee

 

Web Relations Team

 

Vodafone UK

[Lee Vodafone Company Rep]

Hi lj_brix28,

 

I've just replied in your other thread here as stated there as soon as you've sent your email just update this thread and I'll come back to you as soon as I can.

 

Thanks,

 

Lee

 

Web Relations Team

 

Vodafone UK

Edited May 18, 2010 by Lee_Vodafone

[MARTIN3030]

Ah I wasnt aware there were 2 threads.

I will merge them to avoid confusion.

[lj_brix28]

Oh sorry about the duplicate post - I thought I'd deleted that one once I realised it was in the wrong place thanks for merging them.

 

Anywho - Lee thank you for offering your help, I just submitted an email on the Vodafone site. The reference is [#2499752]

 

I shall await your response with crossed fingers.

 

Thanks.

[Lee Vodafone Company Rep]

Thanks for merging the threads Martin.

 

Oh sorry about the duplicate post - I thought I'd deleted that one once I realised it was in the wrong place thanks for merging them.

 

Anywho - Lee thank you for offering your help, I just submitted an email on the Vodafone site. The reference is [#2499752]

 

I shall await your response with crossed fingers.

 

Thanks.

 

Hi lj_brix28,

 

Thanks for coming back to me.

 

I've just checked our emails and can confirm that we've got yours and I'll be taking a closer look at this for you and will come back to you as soon as possible.

 

Thanks,

 

Lee

 

Web Relations Team

 

Vodafone UK

[lj_brix28]

Hi Lee,

 

Thank you for contacting me over the weekend regarding my case - it's really refreshing to have someone on my side for a change. As arranged I will have those documents scanned and sent over to you ASAP.

 

Many thanks.

[Lee Vodafone Company Rep]

Hi lj_brix28,

 

Thanks for updating your thread to confirm that I've in touch with you.

 

As soon as you've emailed those documents across to me just update the thread again and I'll pick this up again when I'm back in the office next week.

 

Thanks again,

 

Lee

 

Web Relations Team

 

Vodafone UK