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    • Topic moved to Financial Legal Issues Forum.   When you have all the details of the debt /claim/judgment...please complete the following and post your responses back here for further advice.       Andy
    • Although I still think you will be ok on the mortgage front, it always helps to find a good Broker who can guide you around these sorts of things. 
    • Hello all   A colleague discovered he had a CCJ recorded against him by Lowell as a result of them acquiring an old Electricity Bill from around 2011.   They lodged their claim in 2019 to my colleagues old address and got a back door judgement.   I helped my colleague draft an application to set aside and it was decided by the court service to hold a telephone hearing which took place last week.   It was slightly comical.    The Judge had got my colleague on the conference call and rang the number provided by Lowell only to reach a call centre person who knew nothing about the case.  She offered to find somebody but the judge was not having it and said they had plenty of time to sort out the case and he had called the number they had provided and expected someone to be ready to handle the case.  He asked her if she was ready to deal with it.  She said she wasn't so the Judge "dismissed" her and was left speaking to my colleague only.   It then turned out that Lowell had submitted a response saying they agreed to the Set Aside providing Each party paid their own costs to which my colleague agreed.   Our application requested a set aside on the basis that the original claim was not received despite the utility having my colleague's address and for SB reasons.   The final outcome was the Set aside was ordered by the Court and the original Claim restored with 14 days to defend.   I am running the case here for any CAGers to advise and comment.   My next step is to write to the Court and Lowell asking for a copy of the original Claim Form without which it is difficult to defend.   The main details are that my colleague paid his electricity bill before moving house and indeed retained the same utility company in his new house, not something he was likely to do if he was evading them.   In any event the defence is an SB one as the original bill was around 2011 and any claim would surely have expired about 2017.   I will get back to the thread with more details.  If anybody wants to comment then all suggestions welcome.
    • All of the above but I don't think their default is going to hurt your mortgage application.
    • Unless you have already sent it – which I don't think it's clear – how about this as an alternative:    
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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Hi,

 

recently I was applying for a job and got turned down due to failing checks.

I then proceeded to check my credit file and found out that I have a default from Vodafone.

 

The problem is that they did not notify me about my account going into default

and that I had a specific amount of time to repay the balance, I would have understood.

 

I tried to speak with Vodafone for days, but almost a month later I am still nowhere.

I have repaid the amount on the account, but I think it is unfair and they should get rid of the default status.

 

The problem is that they are telling me to contact TDX Group as that is where my account should be.

 

I have contacted the agency and was told that my account does not exist nor does my name.

 

[removed] Vodafone did not do what they should have.

 

If the agency does not have my file therefore no one sent to anywhere and no notification of anything.

 

I am now trying to get Vodafone to change the default status

and clear it off my credit file because it is preventing me from getting a job and I need one :/

 

What do you think I should do?

 

 

I am going to contact Citizens Advice Bureau tomorrow

and see what they say, because Vodafone is lying and just no cooperating.

 

I have a friend who had a similar problem.

They promised to get rid of the default, but it just says that it was settled

..they lie all the time to their customers and do not help

Edited by velykate
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Welcome Velykate.

 

Could i ask under what reason you think they should remove the default?

It should normally be updated to satisfied upon it being paid off.

 

What job was it for?

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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@ fkofilee

 

I believe it should be removed because they did not follow the required procedure

and were lying about my file not being with them.

 

I have spoken to the agency and was told twice that Vodafone has my file

and that they have nothing to do with me.

Plus, no letter or anything was issued, there are rules and they didn't follow them.

 

The fact that Vodafone doesn't even want to talk to customers and do as they promise is ridiculous.

 

As for the job, I applied to Cashier role in a bank, but was refused.

 

I am literally sitting without any job and can't secure another because of this.

Edited by velykate
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As these are not agreements regulated by the CCA of 1974, the requirements are different.

There are other positions that dont require a squeaky clean CRA :)

 

Go onto Noddle and Clearscore. Tell me if the account is still in defaulted status

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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paying a default off does not remove it.

its there for 6yrs paid or unpaid.

 

there is no requirement for any 'creditor' to warn you before they default your file.

 

esp mobile accounts as they are not credit and not covered by the consumer credit act.

 

so.

 

tell us about how you got defaulted?

what happened ...

 

you had a contract and what?

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... 

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Creditors must warn you and give advance notice of intention to default and record it with the CRAs if issued for debts that are regulated by the Consumer Credit Act....which some mobile contracts are now .

 

Following thread explains in depth

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?241086-Defaults-on-Mobile-Phone-Contracts

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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@ fkofilee

 

I checked both, Noodle and ClearScore,

CS hasn't been updated since March :/ so it is still in default and Noodle says satisfied.

 

 

I also have an experian account and that says the account has been satisfied.

I was wondering if this will be of any good for the job at Barclays or should I just give up?

 

@ dx100uk

 

I am trying to somehow get them to remove it

I had a contact that I was paying off just fine for more than a year, but in the last 6 months or so I hit a wall.

 

I was an international student and money was more of a difficulty then.

This caused the file to go into arrears.

 

I recently applied for a job that I wanted but was turned down because of it.

I understand retail won't look into my history, but really?

Retail with 1st class Hons?

 

The account has been in default for about 5 months before I completely repaid it,

I would've done it earlier but didn't know I had a default.

 

@Andyorch

 

That's what I thought. But they didn't warn me or anything, not even a peep from them. I was prepared to pay everything off as soon as I got a job, but little did I know that this will mean I don't get that job

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in recent years most mortgage companies ignore the odd 'gadget' default.

i'm wondering, if now it shows settled, that that might be ok with Barclays.?

 

 

its really bad that these stupid gadget defaults can ruin a mortgage/job/everyone future.

 

 

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... 

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how about a polite letter to the ceo or by email.

 

 

looks like you've calmed down

but calling people liars etc wont help you.

 

 

deal with it properly and in the correct manner.

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... 

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@dx100uk

 

to the CEO of Vodafone? What do you think I should say or how to approach it?

 

Oh, I am always rational when dealing with anything. I was always polite towards those with whom I spoke on the phone. I just left like I was lied to, but never really voiced it.

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its quite possible its been passed to the DCA

but that's not the point

they are entitled to do that

but you must remember you are dealing with a call centre operator

a bit like a dca they'll say anything to put people of the scent.

 

 

voda don't like their CEO's being bothered

we used to have a rep here and they always complained when that happened.

 

 

its wrong, and a gadget provider should not be allowed anywhere near a credit file that can destroy someones future.

 

 

write a formal letter of complaint to the CEO

there are numerous threads here just use our search

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... 

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@ dx100uk

 

I understand completely. It is not their fault that the company isn't great. I always remind myself that.

 

completely agree with you, something so small shouldn't be on your file. It ruins your life completely :/ I understand if it was a mortgage or something more substantial, but mobile bill, really?

 

I am going to do some research on the forum about writing a formal letter of complaint to the CEO and try to resolve the matter. It is just unfair that they are preventing me from getting a job

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no the real issue is you didn't know it was there.

 

 

check ones credit file is something that one should do on a regular basis

esp if you want a job, mortgage moved or whatever.

 

 

you would have had warning of this happening

p'haps by email or text msg or on your online account page.

 

 

i'm not defending them..but.. I cant believe nothing was ever notified to you.

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... 

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@dx100uk

 

You see, that's the problem. I didn't even know that I had to check my credit file for a job nor was I notified. Bare in mind that I am quite young, younger than you might assume.

My default came into action in April, up until then I only had 3 problems paying the bill, everything else is perfect. So from 2013 til late 2015 I did not have an issues. Only at the end I was unable to pay it.

Now I am trying to find a way out because I need a job to pay bills and my student loan

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Hi velykate. Sorry to other members for jumping in with my 2p

 

Can you say how much you owed for the remainder of the contract?

What amount did you actually pay? This is likely to be different as VF add admin fees to a termination charge which should be a reasonable amount and which VF don't follow.

 

If you had moved house between stopping payments, it may be that VF sent letters to the old address.

 

VF do say they send letters out spelling out what will happen if payment isn't forthcoming however, many people have said they didn't receive these so I would be sending VF a Subject Access Request for all data related to this account and that includes account history. This will cost you £10. Please ensure that you include as much proof of ID as possible as VF are notorious for refusing to accept a SAR request on the silliest grounds.

 

In recent times, Vodafones computer systems were 'upgraded'. This has caused many problems resulting in VF being the most complained about telecoms company in the UK. The account history may show that a default notice was issued. How do VF know it was actually posted as their systems were in such disarray. Just a thought!

 

Getting a correctly placed default removed is nigh on impossible. Ignorance is no excuse so by claiming that you didn't know the result of non payment would result in a default will not work.

 

You have to investigate all the issues behind the default and find out if VF have erred. In that case, it may be possible (but by no means guaranteed) to get the default removed.

 

I would suggest that whilst this is ongoing, take any job to keep the money rolling in until this is resolved (or not)

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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@silverfox1961

 

It says that I owed them 300, but they increased it to 505 for unknown reasons to me. I have checked my mail and I haven't received any posts from them. My online account was active until May yet it says that the default was issued in April, the reason I know this is because I checked it on Noodle. It only shows 3 months of late payments, everything else is green so that's confusing.

 

Based on what I have read they should've issued a notice of default, because it is a legal action and shouldn't I be notified of it? They completely ruined my life, I can't secure myself a job. When I tried to explain to one of the customer service individuals she started yelling at me and hang up. I tried to explain to her that there are rules that one must follow before issuing a default, but she wouldn't hear of it and because very rude.

 

I am still applying for jobs, but it feels like the only one I can get now is retail, which is very unfair. Plus I need to earn a certain amount for my VISA. Ugh..

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You are caught between a rock and a hard place which is unfortunate.

 

I hope the default shows the latter figure as then it would have been placed wrongly. They can only default you on the outstanding amount not with added fees.

 

Vodafone add on these admin fees at either 15% or £100 depending on which is the lower amount however this is unlawfaul as they are only allowed to add the costs they actually incurred which would be pennies as most of this is automated.

I would argue that you did not receive any default notice. This should have given you time to either bring the account up to date or enter a payment arrangement whereas no default would have been placed. You did yourself no favours either for burying your head instead of tackling this beforehand.

 

I know none of this is helping you at the moment but if any little thing allows you to challenge the default, you can try.

 

When Credit Reference Agencies were first formed, mobile phones did not exist so in today's markets, there are no hard and fast rules, only guidance.

I will have a look around and see what I can find. In the meantime, have a read of some other VF threads to see just how bad they are.

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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There are only two ways i can find that 'may' assist.

One is using contract law and stating that they have not followed the terms and conditions that both of you agreed to so they are in breach. This would be difficult to prove.

VF may be able to show a default was issued but this does not prove it was sent or received and you could argue that as VF's software updates were so flawed (the needed over 300 fixes that I know of) that it is highly possible no default notice was sent.

 

I would check the terms and conditions of your old contract to see what they say about missed payments

 

The only other way is by trying the sympathy angle. By writing to the CEO of VF, you may be able to plead to their better side (if they have one)

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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@ silverfox1961

 

You are correct, my default amount was for 505, which is not the amount I had outstanding. Also, I have contacted the DCA today again and got them to send me a letter stating that they never received my file and I checked my email. My email said that I received a statement on May 21st, but my account was suppose to be closed as of April latest but they say it was February, which is ever worse.

 

I was thinking of writing a letter to them and explain that they have failed to give me the option to repay it and more importantly made me pay the wrong amount. I'll try to get them to remove the default and return the extra 154 that they unfairly charged me for.

 

I am currently reading Vodafone Default removal distress claim ***WON*** hoping to gather as much as I can before I go ahead with the letter.

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Oh my days!! I have found my agreement! Hoarding does have perks lol

 

This is what it says about termination, etc.

 

a. Either you or we may end this agreement by giving the other 30 days' notice in WRITING!!

c. We may end this agreement at any times by WRITING to you if:

- within seven days of us asking you in writing, you do not do something fundamental that you have to do under this agreement ( for example pay the charges when hey are due)

 

They must send me a letter! But there was none.

 

I have all of the receipts in original format.

 

Do you think I can copy the agreement and use it against them in my claim to remove the default?

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You must be notified in writing as I have already stated..and be allowed to correct anything that breaks a contract...before being recorded as a default.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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@ Andyorch

 

Which means Vodafone did not follow through with the agreement.

 

Thinking of sending them a copy of agreement and highlighting the parts in case they have forgotten their own rules.

 

Sorry, I am just trying to compile a good defense against Vodafone. Reading every thread on here, trying to learn from others.

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You could draft a nice letter informing them that they are breach of their own agreement and T&Cs by not giving written notice as per above and refer to the part of the agreement and number they are in breach off. (no need to send a full copy of the agreement)

 

Ask that they reconsider their position and amend your CRAs should this fail to be resolved you will escalate it to the ICO (information commissioners office) on Data Protection and seek redress

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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@ andyorch

 

I was actually thinking of that. Sending them a polite letter explaining that they are breach of their own agreement and Ts&Cs.

 

I am still reading a few more threads on here, looking how others approached it and what they have done. There are some amazing people on this forum.

 

@ silverfox1961

 

You have mentioned "vodafoneicon add on these adminicon fees at either 15% or £100 depending on which is the lower amount however this is unlawfaul as they are only allowed to add the costs they actually incurred which would be pennies as most of this is automated" . I was wondering how would I word that for VF, because 154 pounds is a large sum of money for an individual who doesn't work...even for one that does work. So I would like to claim that money back, but no sure what to say exactly. I would appreciate your 2p.

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