Jump to content


Seems like another Lowell/Vodafone Problem


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2022 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Long story but here goes

 

I did a credit check on myself in regards to getting a mortgage.

 

It had a default on it from Lowell, which was dated 05/05/2013.

 

I thought this was strange has I had no contact from Lowell or Vodafone in 18 months,

Lowell and Vodafone even had my wrong address.

Obviously this has meant my mortgage has been refused.

 

I phoned Lowell up and said, I would make a final payment on the basis the default is removed or the account status marked as satisfied.

They agree and took the full payment.

The amount owed has changed to satisfied, however the account status is still default.

I also checked yesterday and the date of default has changed to 01/03/2012, around the actual time that the account would of defaulted.

 

This has confused me, any explanation why they would of put it 05/05/2013?

just spoke to Lowell, requesting the account status be changed to satisfactory or removed altogether.

They told me this could not be done by them, but by Vodafone.

 

I told them I would like a refund (I said you have gained money from me by deception, and that is against the law).

Which they agreed to do.

 

They explained that I would have the balance shown on my credit file.

 

I told them that was fine, and I would take a dispute up with Vodafone.

 

In which they replied "Any dispute must be taken up with them":???:

 

she told me the default was applied by Vodafone, even though it has Lowell Portfolio as the name on the credit file,

but that any dispute must be through Lowell and not Vodafone.

So now I am confused.

Anyone shed a light on this madness?

 

I was debating whether I should write to them asking for the copy of my credit agreement with them.

Am I right in thinking that if this is not available then the default should be removed?

What other action/complaints can be made?

 

this whole fiasco has cost me a house. I would go as far as causing me quite some emotional distress.

 

I know Lee is registered on here, and have spoken to me and he has been quite helpful.

 

I have some paperwork I need to send to him once I borrow/buy a scanner so will not discuss the issue with Vodafone until I have spoke with him.

 

But it looks like there was no debt.

 

So what action should I take now?

 

Who should I dispute this default with?

 

If all else fails, could/should I take legal action?

 

Thanks in advanced for any help

Link to post
Share on other sites

The CRA entry is in fact correct the defaulted account is marked a satisfied, the entry should remain on file for the balance of 6 years in accordance with the regulation of CRA file data.#

The Fact that the default has been remedied some time after the default was placed does not mean the default never existed, the CRA file show the true conduct of the account.

Legal action will I'm afraid get you now where other than paying court fees.

 

It appears to me that the creditor and the DCA have done exactly what you asked them to do.

 

The account cannot be marked as 'settled' this term is used when an account is paid off within the terms of the contract, which paying off the default amount clearly is not.

 

A mobile phone account is NOT a regulated credit agreement it is a SERVICE contract, so the removal of the default is not pursuable down that track, (nor does affect regulated agreements in that way).

 

Your best approach is I think to ask for a gesture of goodwill from the beneficial owner of the now satisfied account asking for the default to be removed as it may be causing hardship in relation to a credit application, there is no guarantee this will happen but I cannot see any legal reason why the default should be removed.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites
The CRA entry is in fact correct the defaulted account is marked a satisfied, the entry should remain on file for the balance of 6 years in accordance with the regulation of CRA file data.#

The Fact that the default has been remedied some time after the default was placed does not mean the default never existed, the CRA file show the true conduct of the account.

Legal action will I'm afraid get you now where other than paying court fees.

 

It appears to me that the creditor and the DCA have done exactly what you asked them to do.

 

The account cannot be marked as 'settled' this term is used when an account is paid off within the terms of the contract, which paying off the default amount clearly is not.

 

A mobile phone account is NOT a regulated credit agreement it is a SERVICE contract, so the removal of the default is not pursuable down that track, (nor does affect regulated agreements in that way).

 

Your best approach is I think to ask for a gesture of goodwill from the beneficial owner of the now satisfied account asking for the default to be removed as it may be causing hardship in relation to a credit application, there is no guarantee this will happen but I cannot see any legal reason why the default should be removed.

 

 

Thanks. I did ask lowell this but they gave the reply 'we don't do this'. As stated I have some documents that I have to read over this weekend so will update once I have

Link to post
Share on other sites

why not use your mobile phpne camera or a digital onr

 

you don't need to use a scanner

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

As confirmed by lee,

my account was opened in October of 2008 for a minimum term of 18 months

 

It was requested in September of 2011 that the account be closed and any outstanding balance should be sent to myself.

 

I had no such correspondence until the end of December 2011/ early January of 2012.

 

This was a letter saying my account was 3 months overdue.

 

I spoke to Vodafone disputing this amount, with them claiming (as they are doing now) they received no request to close my account.

Link to post
Share on other sites
As confirmed by lee,

my account was opened in October of 2008 for a minimum term of 18 months

 

It was requested in September of 2011 that the account be closed and any outstanding balance should be sent to myself.

 

I had no such correspondence until the end of December 2011/ early January of 2012.

 

This was a letter saying my account was 3 months overdue.

 

I spoke to Vodafone disputing this amount, with them claiming (as they are doing now) they received no request to close my account.

 

Hi

I have to say that I have seen this time and time again. I don't know what procedure Vodafone have in customer retentions but to a cynic like me, I would guess that the customer reps 'may' get a bonus if they keep a customer.

 

When you get put through to cancellations, they will try to get you to stay and if they fail, no bonus. As I said, this is pure guesswork on my part and nothing in fact but it does strike me as odd that we have seen this so often.

 

As you phoned them, you should be able to get copies of your phone records from your provider (if you don't have them already) to show when you called them. As for not getting the bill, nothing new there. Check out the other threads that are exactly the same as yours.

 

An argument to use. You phoned to cancel, they (verbally) accepted, did nothing, you didn't receive the bill, they default you.

 

If you were to go to the Information Commissioner regarding the default, it would come down to 'he said-she said'

 

Why oh why don't VF record the phone calls. Makes you wonder?

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

Link to post
Share on other sites
Hi

I have to say that I have seen this time and time again. I don't know what procedure Vodafone have in customer retentions but to a cynic like me, I would guess that the customer reps 'may' get a bonus if they keep a customer.

 

When you get put through to cancellations, they will try to get you to stay and if they fail, no bonus. As I said, this is pure guesswork on my part and nothing in fact but it does strike me as odd that we have seen this so often.

 

As you phoned them, you should be able to get copies of your phone records from your provider (if you don't have them already) to show when you called them. As for not getting the bill, nothing new there. Check out the other threads that are exactly the same as yours.

 

An argument to use. You phoned to cancel, they (verbally) accepted, did nothing, you didn't receive the bill, they default you.

 

If you were to go to the Information Commissioner regarding the default, it would come down to 'he said-she said'

 

Why oh why don't VF record the phone calls. Makes you wonder?

 

Because apparently they had no record of me phoning them. But did say they sent me 2 bills prior to the December/January letter which said my account was terminated and I owed £100. Even though I had opted out of paper bills months if not years before.

And surely a default shouldn't be applied on a he said she said basis

Link to post
Share on other sites

 

Why oh why don't VF record the phone calls. Makes you wonder?

 

Hi silverfox,

 

While we do record calls for training and quality purposes, recordings are only kept for around sixty days.

 

However, our agents are required to leave notes about a customer's query and the advice given.

 

Naturally, in instances where this isn't happening, and we can positively identify the agent, we'd ensure that it's addressed.

 

Because apparently they had no record of me phoning them. But did say they sent me 2 bills prior to the December/January letter which said my account was terminated and I owed £100. Even though I had opted out of paper bills months if not years before.

And surely a default shouldn't be applied on a he said she said basis

 

Hi MrKD,

 

I'll get be getting back to you with an update later today.

 

Kind regards,

 

Lee

 

Web Relations

 

Vodafone UK

Link to post
Share on other sites

Lee has just phoned. No record of me cancelling the contract even though he confirmed I hadn't actually used the sim since June 2011. I had set up call forwarding. I do wonder why they didn't actually phone me. Lee stated they think the default is fair and therefore will remain

Link to post
Share on other sites

So, I guess the main question is... Do you have proof of cancelation?

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

Link to post
Share on other sites

I do, I have a confirmation letter. So I am going to write to them and ask them to remove the default.

The big question, should I make a claim for compensation. It has stressed me out and the possibility of losing the house we wanted. If so, for what amount?

 

And if they fail to remove the default, what course of action should I take

Link to post
Share on other sites

As you have a confirmation letter, (please post it up-suitably redacted) this is a no brainer. VF should remove the default immediately and offer suitable compensation. The Brig has knowledge that could help with any compo claim. I have seen where £1k is the usual level per default

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

Link to post
Share on other sites
  • 3 weeks later...

Sorry for not updating the thread.

I sent the document in via post last Thursday (the CAB advised me to do this). The default appears to have been completely removed from my credit file, and Lowell are sending me a cheque for a refund. They say they still need to speak to Vodafone to confirm this then they will close my account. I am still waiting to see if Vodafone issue a final balance on the account.

So I would like to everyone on here for there advise, and for Lee for helping me out.

Regards

Link to post
Share on other sites

Good result!!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites
Good result!!

 

I'd say mediocre result.

 

Someone cancels, has proof of cancelation, gets overcharged and a default on the credit file.

 

Customer loses out on a house they were wanting even though they told company that they've made a mistake and nothing was rectified

 

After some exchange, the default was removed and the overpayment refunded.

 

I still think more should be offered to be fair

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

Link to post
Share on other sites
I'd say mediocre result.

 

Someone cancels, has proof of cancelation, gets overcharged and a default on the credit file.

 

Customer loses out on a house they were wanting even though they told company that they've made a mistake and nothing was rectified

 

After some exchange, the default was removed and the overpayment refunded.

 

I still think more should be offered to be fair

 

 

Absolutely agree. See this thread (and the other link within it)

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?393590-Vodafone-Violation-of-Data-Protection-Act

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

Link to post
Share on other sites

Thanks, I have already read that thread. So what would you suggest?

In terms of buying a house mine and my partners circumstances have changed so it has been put on hold temporarily.

Link to post
Share on other sites

I would work out what loss you have incurred. Did you pay anything out before being refused a mortgage? (or were the rates of the mortgage unfavourable)

 

I don't think it matters that your circumstances have subsequently changed as this matter is pre difficulties.

 

Let's see what VF come back with first. No doubt it will be a 'gesture of goodwill' meaning they won't accept they did wrong but take this money and go away. Not good enough.

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

Link to post
Share on other sites

The only thing I paid out for is for an experian account. And posting a few letters. But apart from that not really.

Link to post
Share on other sites

SI have received a cheque today from Lowell (Hurray) and a letter from Vodafone (not so good)

 

This is what they have said

 

"I have looked at your account and I can confirm we hold no record of receiving your 30 day termination notice

advising that you wish to cancel your account.

Due to this the account remained open and subsequently charged.

however as you have provided a letter from Vodafone confirming your account will be cancelled.

I can offer no confirmation as to why your account was not cancelled or your letter not logged.

I will remove the default and the late payments recorded for December 2011 and January 2012".

 

Thats the good bit. It then follows

 

"Having checked your call charges I can confirm that the handset was still being used up to and including November 2011

so these invoices you will be charged for and the late payments will remain recorded on your credit file gor October and November 2011."

This is totally incorrect,

as stated by Lee in one of my phone calls to him

no outbound calls/messages were made after the July/August (not 100% sure which he said) from the handset.

 

 

Call forwarding was setup however so may have diverted my calls a few times.

It goes on about my account being sold to Lowell and then.

 

"I can confirm that once the adjustment has been applied to your account you will have an outstanding balance of £97.72

which you will need to pay. Please contact the Lowell group to arrange payment"

 

So is this justifiable?

As my contract was for £35 per month and they wish to bill me nearly £100!

I know for a fact one

I cancelled the account

I never used the handset to make any calls,

and even so they should have disconnected me anyway.

 

 

Should I make a subject access request to find out what calls were supposedly made as well.

 

 

What steps should I now take, as a late payment for a contract I cancelled surely is not good enough,

never mind the huge amount they want.

Should I complain to the ombudsman?

 

I am starting to think about compensation now as well,

as this is starting to stress me out.

 

 

Seems like vodafone want to milk every penny off people.

Thanks for any advice

Link to post
Share on other sites

Hi e-mail Lee again!!!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Thanks but since this came from their quality assurance team I very much doubt he could help.

 

 

I am going to write to them and let them know that I will now be seeking compensation.

 

 

Should I write to the data controller

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...