@vodafoneuk Vodafone default etc 11140996

[The burgh]

I will try and keep a long story short.

 

Car about to die so for the first time ever checked my CRA,s

vodafone default from 2010!

 

Recalled a Lowell letter in 2013 about this so called them.

They bought the debt, could not prove it was mine and closed it in 2013

 

. They sent me the vodafone statement on the account which so last payment 2007 and defaulted February 2008

 

. Lowell you will be pleased to here gave me compensation for chasing a statute barred debt!

 

I contacted vodafone who replied with "pay by 24th July and we will remove the default as it will be over 6 years old.

 

Lowell docs say the default was registered in February 2008

yet vodafone placed it in 2012 but their letter says statute barred 24th July this year.

 

I have the docs from Lowell so will get a sar going at VF

what should the next steps be.

 

I feel I already have enough to take VF to court.

 

Ex pertain asked for info from VF and then hid the default as they had no reply in 28 days.

 

When I checked today it was back on for the third time and all VF did was copy and paste the letter sent to me saying pay by the 24.

 

This has caused me loads of pain and so it continues.

Spoke to the ICO and not great lep there either.

[dx100uk]

If its more than 6yrs since the default

It should not be showing

 

Dx

[fkofilee]

ERm... Just challenge the CRA's and they will force remove it if over the 6 years,

[The burgh]

ERm... Just challenge the CRA's and they will force remove it if over the 6 years,

 

Yes it was 6 years old in February of 2013 but vodafone placed a default for the same account on my file in 2008 before selling to Lowell.

 

 

Then it appears they put another default for the same account back on my file in 2012!

 

 

I have a statement for the account provided to me by Lowell showing that the last payment was made in December 2007.

Vodafone finally replied to my early June letter in late July saying that I had to pay before they would remove the default

but also said it would be 6 years old ion the 24th July 2015.

 

 

Nothing seems to add up here and vodafone are refusing to let the CRA remove it.

 

 

I await the Sar to confirm what I know which is this account has very much been 6 years old since May 2014.

 

 

The CRA,s removed it in early July awaiting info from vodafone.

VF literally copied and pasted the letter sent to me in July to them and bingo it's back on my files.

 

 

I have gone from good to excellent now back to good which is no good.

[The burgh]

Forgot to mention I live in Scotland so I'm sure that I come under the 5 year rule making it statute barred in 2013,

[silverfox1961]

Hi and welcome. This does seem very odd. The debt was extinguished in 2013 but a default remains for 6 years irrespective of where you live.

 

Placing a second default is wrong and VF know it. If you have suffered a quantifiable loss due to this second default, you could sue them however before going that route, why not see if the VF rep can help.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?213340-Vodafone-Webteam-for-Customers-With-Problems-**UPDATED-APRIL-2015-**&p=2343766&viewfull=1#post2343766

 

Ensure you place the auto reply number you should get on this thread.

[Lee Vodafone Company Rep]

Hi The burgh,

 

Thanks for making me aware of this.

 

Once you've emailed me via the contact details which silverfox has linked you to, I'll get back to you as soon as I can.

 

Kind regards,

 

Lee

 

Social Media Comms

 

Vodafone UK

[The burgh]

Hi Lee have used the link etc got the auto email saying back to me in 48 hours but no reference number!

[The burgh]

Lee ref number 11140996

[Lee Vodafone Company Rep]

Hi The burgh,

 

I've got your email and I'll get back to you as soon as I can.

 

Kind regards,

 

Lee

 

Social Media Comms

 

Vodafone UK

[The burgh]

Hi all a quick update:

Lee contacted me today.

I told him that the info I have in hard copy from Lowell who bought the debt confirms VF added a default in July 2008.

As data controller Lowell removed the default in 2014.

 

 

After several letters to VF I got a reply on 14 July 2015 confirming they placed a default on my file in August 2012.

Lee confirmed the first default account was also the 2012 default account!

 

 

He is confused and hinted that they may not have placed the default but maybe the CRA's!

I'm thinking if VF wrote to me saying they placed the default in 2012 then that's what happened!

 

 

Lee advises they will investigate what has happened and if it was their fault.

He also asked that I do not contact CRA's Lowell, or the ICO as this will increase the info requests and add to investigation time.

Aye right!

 

 

Lee had access to the account in question as we spoke at length on the phone

yet the default is still on my file no offer of asking for this to be suppressed while they investigate.

 

 

I have all the info I need to confirm the default should have been removed over a year ago but no still there.

Neither Lowell or Vodafone have yet to give any information confirming this debt relates to me! I am at a loss.

 

 

I have given VF until September 1st to get back to.

 

 

If not I have no option but to take vodafone to court calling Lowell and CRA's in addition to establish

how a default from an account the defaulted in 2008 has been defaulted 3 times on my files and is still there.

 

 

The main reason I need to chase this to the end,

if I ever move job in my industry in will always have a 5 year work and address check and credit check!

Can't move job just now!

 

 

NB Lowell and VF debt amount agree but my CRA and last VF figures differ.

Nobody seems to know their arse from their elbow but the detail is still there!

[The burgh]

Another update:

 

Lee said he checked my experian file and can't find a default there. I looked today and yep, still there. Now although it should of been removed in 2013 Vodafone sent me a letter stating it would be 6 years old on the 24th July 2015, now I am no rocket scientist but the fact that it is still there is surely not right. I am sending a copy of the letter to the ICO so they can ask Vodafone why it is still there. Boy this is tough work!

[The burgh]

Another update:

 

Lee said he checked my experian file and can't find a default there. I looked today and yep, still there. Now although it should of been removed in 2013 Vodafone sent me a letter stating it would be 6 years old on the 24th July 2015, now I am no rocket scientist but the fact that it is still there is surely not right. I am sending a copy of the letter to the ICO so they can ask Vodafone why it is still there. Boy this is tough work!

another update! Lee has advised me that the letter from VF stating default to be removed on 24/7/15 was in relation to another person with my name! The dates in the letter are spot on with thid default as is the amount. It looks like they have hit me with someone else's default. Shame I have to wait for the SAR to confirm this but surely this should be removed. It us still there causing me pain. Reading this site helps and shows me that if I keep going I will win. When I do this wee site is getting a nice donation. It's comforting to know it's not just me!

[silverfox1961]

Can you get Lee to confirm this in writing. They have now acknowledged they have screwed up so they should now compensate you for their error. If you were to take this matter to court, I feel it would cost them dearly.

[The burgh]

Thanks silver fox 1961 I have the cock up info via an email sent by Lee. I have said that all they need to do is check the default against their records and they will find it was not mine. In addition according to the dates supplied by VF it looks like the default was placed 2.5 years after it went into default. The letter also states that this default was 6 years old on 24/7/15 but it is still on my file. I have advised Lee that however you look at it there are at least 2 data breaches here! I have also said that if VF don't come to me with a decent compensation agreement I will without doubt take them to small claims. I feel I am getting closer as I really do have a win win here but VF are really dragging this on. Once again many thanks for this great site and I hope that very soon via VF I can contribute £ to ensure this help can continue.

[obiter dictum]

The only way you can claim any sort of redress is if the negative marker with the credit agencies made you suffer a Quantifiable loss

 

Say a mortgage application was put off and any introductory offers have run out while you were waiting for the correction

 

I believe the case law to this will be Durkin v. DSG Retail

 

This is just my own opinion so do not take it as gospel

[The burgh]

The only way you can claim any sort of redress is if the negative marker with the credit agencies made you suffer a Quantifiable loss

 

Say a mortgage application was put off and any introductory offers have run out while you were waiting for the correction

 

I believe the case law to this will be Durkin v. DSG Retail

 

This is just my own opinion so do not take it as gospel

i have just spoken with Lee and the admit an error and are removing the default. He asked for my expectations regarding compensation and I have based that on a similar event on here a couple of years ago with a very similar set of events so the bar has not been set too high. Realistically I would be awarded more in a court but if VF are wise they will settle before that is needed. In my line of work I have be credit checked before taking on a new role or when applying for a new job. Let's just say that their actions have impacted greatly on my current situations. I have been turned down for a number of things and have been restricted to the use of cash for some large but much needed items. Taking this into account along with the injury of credit (quoted by the judge in the Ruskin case I believe) added to my actual costs in time and money, my guideline to VF is quite conservative . I will update once a figure has been agreed.

[obiter dictum]

It is about time these companies were brought to task in destroying peoples lives

 

This is the problem now with automatic decisions. The computer says you are in error so you must be.

No manual intervention what so ever

 

What ever happened to good old customer service where reps could make decisions themselves and address and resolve the customer complaint?

[The burgh]

Well I gave VF until today to make an offer of compensation.

 

 

As I suspected nothing.

 

 

myself and my pal a recently retired lawyer are putting a case together for the small claims for compensation.

 

 

In addition we are putting a nice pack of data to the ICO and once the SAR is with me we will add to their pain.

 

 

I will not and none of you should not be beaten!

 

 

VF need to pop up to Edinburgh very soon and explain to a court what they have done and why.

 

 

My evidence (some from Lowell!) will shock the court and after a lot of effort and time justice will be done.

 

 

It's a real shame that even though companies like VF know you have all the evidence they still believe you will back off.

 

 

My advice, if you have the proof then why not pay a few quid to give then a wee smack on the cheek,

[The burgh]

Got an email from Lee at VF last night with a major offer of £50+VAT.

He said the default should of been on my file in March 2008 but due to an error t did not go on until 2012. This means that even though it was on my file a whole 4 years after the event (is this allowed ). That would mean it should of been removed in April 2014 and not August 2015 17 months after it should have been removed. I have no option now but to pass this onto the ICO and take VF to court. I am astonished that they can by letter and email admit to these errors but think the actually did very little wrong.

[silverfox1961]

If you wish to involve the ICO, you should do that as a standalone issue. If you were to take court action whilst the ICO investigate, I believe they would not be able to look at your case.

 

If the ICO did find in your favour, I don't believe they have the power to order compensation. That would be down to the telecoms Ombudsman.

 

If you were to take court action, you would need to evidence your actual losses as well as arguing the compensation factor. Bit of a minefield but the small claims court is (supposed to be) easier for the layman.

[The burgh]

Got an email from Lee at VF last night with a major offer of £50+VAT.

He said the default should of been on my file in March 2008 but due to an error t did not go on until 2012. This means that even though it was on my file a whole 4 years after the event (is this allowed ). That would mean it should of been removed in April 2014 and not August 2015 17 months after it should have been removed. I have no option now but to pass this onto the ICO and take VF to court. I am astonished that they can by letter and email admit to these errors but think the actually did very little wrong.

 

Can they really get away with adding to my file 4 years after the default?

[The burgh]

In reply to my SAR they have said they can't provide unless I supply evidence of my address and the 40 days will start once I have re-submitted this . They have written to me twice at my address, myself and Lee have had many phone and email chats . I assume they can request this or are they playing for time? Help!

[silverfox1961]

I'm afraid this is standard for VF. They did the same to me when I challenged them for my daughter. It is my belief that this is deliberate to allow them more time. But for what.

 

I sent them 3 documents for my daughter and a copy of my passport. That did the trick.

 

I assume your next question will be 'how can they get away with it' The answer from them is that they have to ensure that the protocols of the Data Protection Act are followed. Amazing considering how little they care about your data.

[The burgh]

A pleasing update.

 

The ICO have told me and Vodafone that they breached parts 1 and 4 of the DPA in addition experian

kept the default on file for a month longer than VF,s wrong date.

 

So they are both going to the small claims court.

 

Experian haves hit themselves and called me asking for a £ number(I have left it to them to start the ball rolling) worse for them I got the FOS to wrote to them and they did not respond in thev8 weeks given. The FOS are not happy! VF as usual care not but bathe court will I know it's a long hard slog (a year in this case) but it's worth it in the end. Thanks to the ICO case assesment I am on a win win! Look forward to making this site a very thankful donation very soon!