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Vodafone default actioned without any default notification


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Hello all,

 

I'm looking for a bit of advise of how to proceed in regards to trying to get a default removed from my credit file from Vodafone which I believe was unjust and unfair.

 

Back in June 2007 I opened a contract with Vodafone; unfortunately due to sickness I was signed off work for three months and didn't complete payment on three or four monthly bills. I was threaten with legal action and a bailiff letter was sent. Understandably I was quite taken back by this demand so I borrowed a family members credit card and paid the whole outstanding balance of £700.

 

Fast forward to September 2010 and I signup with Experian and to my shock I noticed Vodafone had put a default against my name and state that a £16.00 is STILL outstanding!

 

I promptly called Vodafone and sure enough they said I owed a £16.00 "administration fee" which I promptly paid.

 

Now I NEVER received a default notice from them, nor did I ever receive a bill for this mysterious £16.00 fee, as soon as the debt was passed to collectors I contacted Vodafone directly to try to pay it and they informed me I HAD to goto the debt collectors and Vodafone no longer manages the account, when I spoke to the collectors and gave them the card details they informed me this was the final payment and NOTHING more was needed from me to close my Vodafone account.

 

In September after being denied a mortgage based on my credit score, I wrote them this letter and enclosed a cheque made payable to Vodafone Limited:

##########

#############

######

#######

######

T – ##### ######

Account -###7270##

Consumer Credit Assement Manger

Balliol House

Aynho Road

Banbury Business Park

Adderbury

OX17 3WS

 

20th September 2011

 

Dear Sir/Madam

Re – Default on my credit file dated 8th June 2009.

 

Please note this letter is regarding the last Vodafone account I held with your company at the above address, my account number and telephone numbers are unknown, however you should have this on your records.

After recently obtaining a copy of my credit file from Credit Expert I was concerned to note that your company has placed a "Default" notice against an account in 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 cheque in payment of the statutory fee.

 

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

 

I would request that this data is provided to me 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

The address was given to me by a Vodafone customer service employee and the letter was sent via Special Delivery.

 

The nominal £1 cheque was cashed, however to this day (6 months later) no contact from Vodafone has been made.

 

I'm at a complete loose end with this and would like to take legal action to Vodafone over this matter, it has taken probably in excess of 50 hours calling them, emailing them, sending them letters, talking to Experian, talking to debt collects. I'm in no doubt it was partly to blame for my denial of a mortgage and taking away my opportunity to give my newly born son a decorated nursery (we live in a privately rented property and as such cannot undertake any decorating work) in short I have been completely let down by Vodafone and need some answers.

 

Considering they didn't reply back to my letter in September 2011 and I have proof they cashed the £1 cheque, could (should?) I take the matter to the Ombudsman?

 

It's now over six months since I applied for a mortgage and my credit file is perfect expect for this blemish so therefore it's very important I try to resolve this before having to pull out of house purchase again.

 

Thanks for reading and any advise or help will be greatly appreciated!

 

Dan

Edited by redsy
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Contact the Vodafone rep and get him to look into this.

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 at [email protected] quoting ‘WRT135 – CAG Forum’ in the subject line to ensure that it reaches the Web Relations Team.

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.

 

Vodafone do not offer credit (ie the sale of money) so a CCA request will not do much. Let Lee investigate and see if he can sort something amicable between yourself and vodafone.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

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Thanks for the reply locutus, maybe this is why they didn't reply to me and kept the £1 cheque I wrote them.

 

It's very difficult knowing what to do in situations like this, my credit file is excellent expect for this default and as I should before Vodafone really haven't been helpful (I've asked for a copy of the DN several times)..

 

I'll send the Vodafone rep an email now and hopefully we'll get a resolution.

 

Thanks again

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When you recieve an automated reply update this thread with the number.

 

Lee ( the vodafone rep) is a good guy and will do his best to find resolution. Keep us informed with progress good or bad so we can either praise him or voice our thaughts on your taking your issues further.

 

It is very rare that things go beyond Lee to be honest, Read this (long) list of successes on this forum HERE, but the 1 or 2 that amicable resolution was not found have either accepted the situation, or taken further action. CAG will offer advice whatever if you do fall into this minority catagory :)

  • Haha 1

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

C.A.G. Toolbar

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Hi

£16 admin fee? What could that be for. The only time I have seen an admin fee mentioned is when they prepare the debt for passing to a DCA

You say that you paid VF direct. Therefore, there should be no admin fee.

 

Dealing with customer services is a complete waste of time (unless the problem is simple) as they do not have the knowledge (or skill) to deal with it.

 

Lee, on the other hand, does know what he is doing and while he is still an employee of VF, he does seem to have the customers needs at heart.

 

Until Lee responds, ignore any email you get from VF.

 

If it turns out the admin fee was 'unlawful' and is removed the default should go as well.

If VF decide that their actions were correct (including not sending a DN) then you have two choices. Up to the Ombudsman or sue the pants off them.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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I'll send the Vodafone rep an email now and hopefully we'll get a resolution.

 

Thanks again

 

Hi redsy,

 

Thanks for making me aware of your concerns here and for following the guidance provided by locutus.

 

Having checked our emails I can confirm that I've got yours and so will get back to you as quickly as possible.

Hi

£16 admin fee? What could that be for. The only time I have seen an admin fee mentioned is when they prepare the debt for passing to a DCA

You say that you paid VF direct. Therefore, there should be no admin fee.

 

Dealing with customer services is a complete waste of time (unless the problem is simple) as they do not have the knowledge (or skill) to deal with it.

 

Lee, on the other hand, does know what he is doing and while he is still an employee of VF, he does seem to have the customers needs at heart.

 

Until Lee responds, ignore any email you get from VF.

 

If it turns out the admin fee was 'unlawful' and is removed the default should go as well.

If VF decide that their actions were correct (including not sending a DN) then you have two choices. Up to the Ombudsman or sue the pants off them.

 

Hi silverfox,

 

Thanks for these reassuring words for the OP.

 

As I always say, whilst I can never guarantee the outcome of any case I handle I will always ensure that matters are investigated as thoroughly as possible and wherever possible seek a positive conclusion for the customer.

 

Kind regards to you both.

 

Lee

 

Web Relations Team

 

Vodafone UK

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I have just got off the phone to Lee and have to say I'm very impressed with the efficiency and knowledge of his work.

 

It seems VF did send a DN to me (although I honestly can't remember receiving it) and it seems the default may be correct.

 

I'm still bemused about the £16.00 admin charge and why this fee wasn't passed on to the DCA (just to be cear I paid the DCA and not VF), but I don't think the non payment of this reflects too negatively on my credit file.

 

Lee has still passed the matter to the QA team as there were special circumstances as to why I didn't initally pay to the bill, but I don't hold out much hope the default will be removed.

 

Unfortunately there is no record of the letter I sent and as I don't have the SD tracking number it's unlikely this will ever be found.

 

I'm a little disappointment, but if they did send a DN then I can't really complain any more.

 

Thanks for everyones input and I'll update when Lee gets back to me after the QA team has reviewed the case.

 

Dan

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Hi again,

All you have to do is read around the site regarding these default notices. Anyone can press a few buttons and let the machine do the work. (automatic postal system?)

What we are asking for is proof that the letter was actually posted. If Vodafone can do that, nobody would have grounds for complaint but based on the amount of people that say they never got a default letter, it cannot be just coincidence.

 

If a full audit trail was completed from computer input to letter output, would that show discrepancies? Can it be shown that where a customer services rep has made notes that a DN would be issued that the action would be completed?

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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I have just got off the phone to Lee and have to say I'm very impressed with the efficiency and knowledge of his work.

 

It seems VF did send a DN to me (although I honestly can't remember receiving it) and it seems the default may be correct.

 

I'm still bemused about the £16.00 admin charge and why this fee wasn't passed on to the DCA (just to be cear I paid the DCA and not VF), but I don't think the non payment of this reflects too negatively on my credit file.

 

Lee has still passed the matter to the QA team as there were special circumstances as to why I didn't initally pay to the bill, but I don't hold out much hope the default will be removed.

 

Unfortunately there is no record of the letter I sent and as I don't have the SD tracking number it's unlikely this will ever be found.

 

I'm a little disappointment, but if they did send a DN then I can't really complain any more.

 

Thanks for everyones input and I'll update when Lee gets back to me after the QA team has reviewed the case.

 

Dan

 

Hi Dan,

 

Thanks for updating the thread following our conversation yesterday.

 

As discussed, as soon as I have an update for you I'll get back in touch.

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

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I find the messages from Vodaphone very confusing

 

On other threads they are pursuing alleged debts because they say they haven't received cancellation letters and won't correct accounts because of that, yet here they are saying that defaults must stand because they posted default letters but it doesn't matter whether they were received by the customer, they are still valid.

 

I think that one part of their organisation needs to communicate with another

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Hi 2Grumpy,

 

We handle all issues raised with us on an individual case by case basis.

 

As I've said before our default notice letters are issued after an account has remained overdue for a significant amount of time and after efforts have been made to make contact with the customer in order to amicably resolve any disputes.

 

In the event that a cancellation letter hasn't been received by us we would of course continue to send bills to the customer as well as in some cases continue to debit payments.

 

If a customer receives further bills and / or notices payments being debited from their bank account that they weren't expecting it is naturally important that they make contact with us to enable us to assist them with getting things resolved.

 

Hope this clears things up for you.

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

 

 

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