!!Vodafone Default - Any help appreciated!!

[damo6027]

Right then, here goes...

 

I had an account with Vodafone opened in 17/08/2006. All was going well until I unfortunately came out of work. As soon as I came out of work I phoned vodafone and explained this to them. As there was a bill to pay we agreed that we would set up a payment plan to repay this. There was at this point NO mention of a default going onto my account.

I started paying this account as agreed, however when i checked my credit file a few months later I noticed they had slapped a Default onto the account. I then phoned them and explained about the agreement we agreed etc, only to be told there was nothing they could do about it.

 

NOW:

 

Trouble is now I forgot all about the default to be honest, and my credit rating apart from this is near perfect. I have today been to see a mortgage advisor, who has got me a near perfect mortgage HOWEVER they cant supply it unless vodafone are willing to take this default off my account. I am wondering if there is a way this can be done or any success stories. I have a 2 year old baby, and desperately need a house...

I contacted vodafone over the phone and explained this to them...and got told this could be removed. I then got past through to someone else who said "do you have your account number". I explained as it was such a long time ago I no longer have it however I obviously know my address and name. They said that there was no way they could search for my details without an account number and that was that.

I am unhappy with this as my advisor told me they will have all my details as it is a legal requirement...

 

Any advice would be fantastic...

[locutus]

The "Default" by a mobile provider is not the same as from a financial institution (although just as damaging to a credit file!). What is agreed to by the customer is that the mobile provider is able to pass on to the CRA's an accurate report of how you have managed your account, so they don't have to mention that you were going to receive a Default... that was agreed to when you took out the contract.

 

All is not lost, Vodafone have a few representatives who visits this forum to sort out tricky situations such as yours. Follow this advice :-

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.

CAG members contacting us, add the code WRT135 in the subject line in order ensure that email gets routed into our queue.

 

Then update this thread with the reference on the automatic response email that you get.

[damo6027]

Many thanks, I will do this now

[Lee Vodafone Company Rep]

Hi damo6027,

 

Thanks for your PM from Wednesday.

 

From the information provided I should be able to locate your account and so that I can come back to you could you let know your email address and contact number via PM?

 

In the meantime, I'll still get things looked into so we can get to the bottom of things and as soon as I have an update I'll be back in touch.

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

[damo6027]

Sorry guys for the long time away, as Im sure Lee can second, getting back to him etc has been really difficult as I have been away on holiday, and also had business trips to attend...

Anyway Default still not removed and Linked address still not removed. It has now gone to the directors office as Vodafone are saying they will not remove either. However on 3 occasions I have asked for proof of my linked address as I have proved to them I have never lived or had any connection with the address they have for me, and I have also proved that the account was paid within the period before a Default should have been issued.

I have also since sorting this, found other inconsistent data in my credit reports. One report shows the default placed before my settlement period, another report shows my default placed just after the account opened. Also showing different default ammounts. When I am asking Vodafone for any proof of any of this they are saying they dont have any.

Surely this can not be correct as there is inacurate data, including dates, ammounts, addresses, and settlements/payments.

I am getting fed up of them fobbing me off saying its all correct but not actually showing me any of this as proof.

 

Again any help would be greatly appreciated.

[Guest Espi_Vodafone]

Hi damo6027,

 

Thanks for coming back and replying on this thread.

 

Lee, who usually deals with these kind of cases is out of the office at the moment, however I will be happy to take a look into this for you and provide you with as much help and information as possible. So that I can help you further, could you please let me know the email reference number from the last correspondence that you received from us?

 

Once I have got the reference number, I will take a look into this and provide you with as much help as possible.

 

I look forward to hearing from you.

 

All the best,

 

Espi

Web Relations Team

Vodafone UK

[damo6027]

Private Messaged you Thanks again...

[Somebody Told Me]

Are you saying that the default was recorded sooner that it should have been?

 

What proof do you have to support this and have you sent it to them?

 

If you've provided proof that payment was made in full before the default should've been recorded what explanation has been given as to why they won't remove it and have you contacted the CRA's about it?

 

I can't see any valid reason for them not removing it if you've provided a bank statement clearing showing the payment being made before their settlement deadline.

 

Moving onto the linked addresses; what proof have you provided to show that you've never been affiliated with them and again have you reported this to the CRA's?

If you haven't contacted the CRA's get onto it and mention that default amounts and dates at the same time.

[damo6027]

I have sent them my credit reports Equifax showing no linked address, and experian showing a linked address...other than that I am not too sure how to prove that...It also shows on my credit report the electoral role which shows the addresses iv been at and also the length of time and when...

 

To prove it got paid I have sent a bank statement and again equifax shows the default been registered on the 3rd late payment...and the settlement date is before it even shows as defaulted on experian...I have sent them part of my credit file showing this also...

 

There settlement deadline was In april as they said they would register the default in end of May. My credit file shows it being settled in march/april cant remember which one without checking file again...

 

I have now contacted my solicitor who is taking it up with them, and we are going down a similar route someone else took on here with vodafone with regard to removing the account altogether as my contract is over with them and I never signed to say I agreed to them reporting information once the contract was up...They will have recieved the letter we wrote and posted recorded delivery by now...and have 10 days to respond so we shall see...

[Somebody Told Me]

I don't hold much hope for you getting the account removed from your credit file altogether but it'll be interesting to see how this develops.

Most agreements where you are subject to a credit search will have clauses within their T&C's regarding you agreeing to the provider recording your payment history to CRA's as they are obliged to. Even after you've left them this will remain on there for 6 years.

To try and make things clearer here what is the default date recorded on your credit file and what was the date of your final payment as shown on your bank statement?

I can understand you wanting to get everything sorted but I'd initially focus on the default as the linked addresses shouldn't have any additional detriment to you unless they lead back to further adverse information.

[Lee Vodafone Company Rep]

Hi damo6027,

 

I'm aware that my colleagues in the Director Support Office have since been in touch with you again to confirm our position in regard to your case.

 

I can understand your disappointment and frustration that the outcome isn't the one you'd hoped for and that as a result you wish to take things further.

 

Naturally, we'll co-operate with whoever you refer your case to and proceed from there.

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

[damo6027]

Right, been a while as been off sick due to this b****y default (stress and depression) and then also had to move house (again). Anyway, got no-where with Vodafone, after sending them letters quoting data protection act section 35, they wrote back saying (in clear black and white) "whilst they appreciate I have requested the removal of my data, they understand my position yet are still unwilling to do this". I have been back and forward with the directors office, and got no-where.

To add onto this so people can see progresses etc, I now have an appointment with a large solicitors in my town (costing me £250 per hour ) in a week and half's time, and will be looking at getting this paid for by Vodafone when it goes to court. I asked the solicitor their honest opinion of this, and explained I can not afford to pay if they think the case will get laughed out. They said actually quite the opposite, after reading my letters back from Vodafone, they actually believe it should be a fairly straight forward case and cant believe they are still refusing after issuing them a default removal letter, and another two or three letters full of the legal jargon I have managed to put together.

 

So there will be two outcomes here, they will either settle before court once they see the claim for money I am putting in including work hours lost through the organising of this case, and also off due to stress and depression through the doctors, also increased APR% on credit cards since they placed the default on my credit file, and also my solicitor fees. Also the fact I have been declined for a mortgage purely down to this default (I presume as I am working full time on OK money, have done for 4 years, and have a clean credit file apart from this)

OR

They will take this all the way to the courts and I will have to see what they say there...

 

Any thoughts or further information or anything helpful anyone can say would be useful to take to the solicitors with me

 

Cheers guys and girls.

[damo6027]

Just to answer "Somebody told me's" Question:

 

It shows as the default paid off in early March 2007, yet the Default was placed in April 2007...

[Lee Vodafone Company Rep]

Hi damo6027,

 

Thanks for returning to your thread.

 

Although I accept that you remain unhappy with the outcome to your case I can assure that it has been reviewed in full.

 

As you remain unhappy with the situation as it currently stands I appreciate that from your perspective you have to take whatever course of action you feel is necessary in order to take your case further.

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

[damo6027]

Lee, you have been helpful to a degree, and I am sure you will be in the future to many other people, however if you read the next little bit, you will clearly see the argument, and I have a written letter from Vodafone stating they understand the law, yet they are unwilling to change the status...which my solicitor found rather strange.

 

Section 10 of the Data Protection Act awards the real authority, regarding privacy of data, to the data subject, not the Data Controller. The Act is also very clear as to the rights of the data subject in respect of withdrawing permission to continue data processing and disclosure:

 

“10. - (1) Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons-

(a) the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and

(b) that damage or distress is or would be unwarranted.”

 

There are many other bits that are relevant to the case, which quote clearly go against vodafone...IE...They wrote back to me saying "they realise my written permission to keep supplying the data agencies with my data has now ceased, however they are un-willing to remove it, however they understand as a data controller they should"...The law states otherwise, hence my unfortunate bill at the solicitor.

The last letter I recieved was really quote strange, as it clearly shows Vodafone understand my request, understand their position, yet right at the end says, "however we are still unwilling to remove the data"...

Thanks for the help though Lee, as stated you were one of the only people to come back to me when you said etc...

[Somebody Told Me]

Just to answer "Somebody told me's" Question:

It shows as the default paid off in early March 2007, yet the Default was placed in April 2007...

Are you saying then that you settled what was owed to Vodafone in March 2007 and have provided a bank statement clearly showing this?

If this is the case, then it doesn't make much sense as to why they won't remove the default.

Anyhow, whatever happens keep us updated on progress.

[damo6027]

That is exactly what I am saying...I have provided bank statements, and the credit report showing it as paid in march, then all of a sudden a default marker was placed in april.

[Lee Vodafone Company Rep]

Lee, you have been helpful to a degree, and I am sure you will be in the future to many other people, however if you read the next little bit, you will clearly see the argument, and I have a written letter from Vodafone stating they understand the law, yet they are unwilling to change the status...which my solicitor found rather strange.

 

Section 10 of the Data Protection Act awards the real authority, regarding privacy of data, to the data subject, not the Data Controller. The Act is also very clear as to the rights of the data subject in respect of withdrawing permission to continue data processing and disclosure:

 

“10. - (1) Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons-

(a) the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and

(b) that damage or distress is or would be unwarranted.”

 

There are many other bits that are relevant to the case, which quote clearly go against vodafone...IE...They wrote back to me saying "they realise my written permission to keep supplying the data agencies with my data has now ceased, however they are un-willing to remove it, however they understand as a data controller they should"...The law states otherwise, hence my unfortunate bill at the solicitor.

 

The last letter I recieved was really quote strange, as it clearly shows Vodafone understand my request, understand their position, yet right at the end says, "however we are still unwilling to remove the data"...

 

Thanks for the help though Lee, as stated you were one of the only people to come back to me when you said etc...

 

Hi damo6027,

 

Rest assured that I hadn't missed this and do intend to take another look at your case and will come back to you again as soon as I can.

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

[damo6027]

Just as an update as I am trying to keep people informed with the progress with this...

 

Went to my solicitor with a folder full of letters which have been sent back and forward between Vodafone and Myself. This was around a week ago. I have of course shown my solicitor proofs of everything (which I showed Vodafone), and they cant understand it either. They did however say that some companies can be awkward with Default situations. They have sent a letter to them, which we are now awaiting a response to, which will basically determine whether this will be going to court or not.

 

Any more news from yourself Lee in the meantime?

[Lee Vodafone Company Rep]

Hi damo6027,

 

Thanks for the update.

 

Do you know when your solicitor sent their correspondence to us and to whom?

 

Although I'm happy to continue investigating things here it may be best to await receipt of this and reply to your solicitor directly.

 

In the event that you'd like me to come back to you directly just let me know.

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

[damo6027]

My solicitor would have sent the letter to yourselves either last friday, or monday/tuesday this week, and it should have gone directly to your legal department, as thats where i sent the last couple of letters...

 

regards

[royalscot]

subbing with interest

[Lee Vodafone Company Rep]

My solicitor would have sent the letter to yourselves either last friday, or monday/tuesday this week, and it should have gone directly to your legal department, as thats where i sent the last couple of letters...

 

regards

 

Hi damo6027,

 

Thanks for clarifying where your solicitor's correspondence has been sent to.

 

I'll liaise with our Legal Department to ensure it's received and will let you know once they've confirmed this.

 

Best wishes,

 

Lee

 

Web Relations Team

 

Vodafone UK

[silverfox1961]

Hi,

Are you able to update this thread at all.

Did you have to go to court?