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(Simple/Ordinary): Simple   Section D1: The claimants are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement ("the Agreement") between claimants and Student Loans Company ("the Original Owner") dated 22/11/13, the claimant acquired title to and was assigned the right to payment in respect of all debts and other monetary claims of any nature due at the date of agreement, and in particular in relation to the the contract hereinafter condescended upon. The said assignation was intimated to the defendant by way of written notice on or around 22/11/2013. The agreement between the respondent and the original owner upon which this action is based was regulated under the Consumer Credit Act 1974. Further information in relation to that agreement is contained in section D$, where we set out the sums due and the basis upon which they fell due. As at the date thereof, the sum due in terms if the said agreement amounts to £xxxx.xx.   Section D4: The said contract agreement between the Original Owner and the respondent is a regulated credit agreement in terms of section 189 of the Consumer Credit Act 1974. It is also regulated by the relevant Education (Student Loans) Acts and related regulations. It is dated 26/10/1999, and relates to a Student Loan Agreement with the account number xxxxxxxxxxxxxxxx. The said agreement required the respondent, following completion of their course of study, and upon meeting certain conditions relating inter alia to their income , to make payment of the sums due by the way of consecutive monthly installments. The said installments were required to commence in the April following the respondent meeting certain income criteria and were to be based upon a percentage of the respondent's income over the said threshold amount. It was a term of said agreement that a failure to meet any installment on a due date would render the account in default and would entitle the claimant to serve a notice of default on the respondent requiring the respondent to remedy the breach within 14 days which failing the claimant would be entitled to demand repayment of the loan in full. On or around 22/04/2019 the respondent failed to make payment of the sum which had fallen due and the said account thereby entered into default. A default notice was issued to the Respndent on 22/04/19. The Respondent failed to remedy the default following upon service of the said notice and the account was terminated in accordance with that notice. The account remains in default. The sum due in thereunder is due and payable now. As at the date hereof, the sum due in the terms of said agreement amounts to £xxxx.xx. In terms of the Agreement, and the written notice hereinbefore condescendedupon, the right to receive payment of the sums due in terms of the said account vests in the Claimant.   Date of raised claim [or court stamp date from writ] :- 23rd Jan 2020   Last Date Of Service [or from form 07]:- 17/02/2020 - this was delivered before then.   Last Date For Response [or from form 07]:- 09/03/2020   What Documents are listed in Box E2:[or in your form requesting the same?] A copy of the credit agreement, statements of account and notice of assignation will be produced in any defended process to follow hereon.   Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- Student Loan     BOX D5 what has the claimant stated: IN FULL or [Pleas in law from the writ] I want the court to order the respondent to pay me the sum of £xxxx.xx …..   from your knowledge: answer the following:   When did you enter into the original agreement before or after 2007? After 2007, started the course approx 1998, loan taken out 26/10/1999 as per the info they gave me   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.:- Debt purchaser (Erudio), Shoosmiths LLP   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not to my recollection although I was aware that Erudio had been sending statements regarding a student loan   Did you receive a Default Notice from the original creditor? Possibly but not to my knowledge   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Possibly but not to my knowledge   When was you last payment:- Uncertain, will need to confirm with SLC if payments made towards this loan, no payments ever made to Erudio to the best of my recollection   Why did you cease payments:- Was paying off student loans through earnings, never realised that this one was being treated seperately   Was there a dispute with the original creditor that remains unresolved? Not to my knowledge, SLC had taken payment through my earnings even though I was below the threshold as I hadn't deferred but I was happy to proceed with this.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No     From the previous advice given, I'll get the CCA request done and also the CPR 34.14. The amount claimed seems very high and I've got no breakdown of how they have come to this figure. I've also been reading through the threads about how to set out the defence - the PercyPercy thread is of particular interest as there are similarities between the two, as I never gave any paperwork sent to me due attention and have ended up in this situation as a result.   Thanks in advance, and I'll supply additional info as quickly as possible if required.    
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ufonline

Vodafone: Unfair - credit history affected

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Hello all,

 

I just joined this forum and I'm looking for advice on an issue where I really feel hard done by.

 

Let me explain. Back in September 2014 my ex wanted a phone. We were out and at Carphone Warehouse she said she wanted a phone. However, at the time she didn't have her bank card with her, because the old one had expired and she was waiting for a replacement to come.

 

Me being the gent I am decided to take out a contract in my name and gave my direct debit details. It wasa Vodafone contract.

 

The man at the shop said that after 3 months, we can call Vodaphone and do a 1) transfer of direct debit and 2) transfer of account ownership.

 

I said okay.

 

Sadly the relationship ended pretty soon after that but for the first three month the direct debit was coming out of my account and she was putting money in my account.

 

After three months there was a forced meeting where we called Vodafone at the same time and requested a complete transfer.

 

Both direct debit and account were transferred from mine into her name (or so I thought).

 

Fast forward to September 2016 and I got rejected for a mortage by a lender. I was a little baffled as to why so I logged onto creditscore and to my shock, it shows the Vodafone account from 2014 more than £800 in arrears.

 

I called up Vodafone. I was angry. The account should never have been in my name. They told me that at time of transfer of account ownership they did a credit check on my ex and she failed it. So, the account bouced back to me. I was shocked.

 

I was never told about this at all.

 

As it turns out, my ex then cancelled the direct debit and didn't make any more payments. Problem is that account was in my name and I didn't even know. I wasn't called, e-mailed, written to.

 

I thought after three months that account was no longer in my name. I wasn't using the phone, my ex was.

 

The problem now is that my credit history shows major telecom arrears which I feel is really unfair. I disputed it and Vodafone told equifax that the account remained in my names so the credit history is correct.

 

I'm livid because I feel this is not an accurate reflection of my payment history. I am struggling to buy a house now.

 

Can you help?

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Hi,

 

How did your ex manage to cancel the direct debit if it was not coming out of her account.


 
 

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Hi

 

At the time we made the phonecall to Vodafone, the direct debit transferred fine. So the money stopped coming out of my account and the direct debit was changed to her account.

 

The account ownership however, hadn't. That is what I didn't know. I thought it was all clear, that both DD and account were no longer in my name.

 

Thanks

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Hi and welcome to CAG.

 

Unfortunately, this is going to take some time so put the prospect of a cheap mortgage away for now.

 

During the period you changed the details, VF were in the process of updating their software systems which totally screwed up many accounts.

 

If you haven't filed a formal complain, this is something to do ASAP. Ensure your letter is headed Formal Complaint as VF will treat it as a query instead meaning they will take as long as they like to investigate. With a complaint, they have 8 weeks.

 

As you were the account holder, you should have been made aware that the account had bounced back to you. This will be the first point of complaint. I also assume they didn't send you any letters to inform you of the outstanding amounts nor send a default notice. (Had you moved?)

 

At the same time but in a separate letter to the Data Controller, you should do a Subject Access Request. This will bring back all the account history and hopefully show what has gone wrong. Don't expect any copies of phone calls as VF don't keep them.

 

I would check all the Credit Reference Agencies and see if the default is on all of them. You can then write a notice of correction (up to 200 words) to explain to potential lenders what has happened.

 

I should add that with the complaint, the first page should lay out the matters of fact in short bullet points and then if you need to go on to more pages, you can lay out your complaint in more detail.

Once you have the SAR back you can then check and see if they should compensate you as well.

 

You didn't do yourself any favours by taking out the contract for your ex. Time and again I have seen this come back and bite the account holder.


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

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Hi and welcome to CAG.

 

Unfortunately, this is going to take some time so put the prospect of a cheap mortgage away for now.

 

During the period you changed the details, VF were in the process of updating their software systems which totally screwed up many accounts.

 

If you haven't filed a formal complain, this is something to do ASAP. Ensure your letter is headed Formal Complaint as VF will treat it as a query instead meaning they will take as long as they like to investigate. With a complaint, they have 8 weeks.

 

As you were the account holder, you should have been made aware that the account had bounced back to you. This will be the first point of complaint. I also assume they didn't send you any letters to inform you of the outstanding amounts nor send a default notice. (Had you moved?)

 

At the same time but in a separate letter to the Data Controller, you should do a Subject Access Request. This will bring back all the account history and hopefully show what has gone wrong. Don't expect any copies of phone calls as VF don't keep them.

 

I would check all the Credit Reference Agencies and see if the default is on all of them. You can then write a notice of correction (up to 200 words) to explain to potential lenders what has happened.

 

I should add that with the complaint, the first page should lay out the matters of fact in short bullet points and then if you need to go on to more pages, you can lay out your complaint in more detail.

Once you have the SAR back you can then check and see if they should compensate you as well.

 

You didn't do yourself any favours by taking out the contract for your ex. Time and again I have seen this come back and bite the account holder.

 

 

Hi thanks for this. Really appreciate it. I am writing the letter now.

 

Yes at the time of taking out the contract I was living at one address and then a week later I moved to another place. So Vodafone may have written to the old address which they had on file but I wasn't getting that post.

 

Could they not have e-mailed or called me? What do you advise?

Edited by ufonline

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My track record in terms of payments if really good. Had I known that the account is in my name I would have dealt with the matter swiftly to make sure this doesn't happen. I simply did not know. I lost contact with my ex- and she was using the phone not me.

 

I thought the transfer was complete once we both called Vodafone. I didn't look back after that until now when it shows up on my credit report.

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20/20 hindsight is a wonderful thing! No good going over old ground but I would have thought that they would email/text you to say something was wrong. VF had both numbers attached to your account so could quite easily have done so.

 

Mention that within the complaint. VF had multiple ways of contacting you so why did they not do so.


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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