Vodafone Default Query - Default date changed and extended

[fkofilee]

I've just checked my credit report and an organisation that I had dealings with defaulted an account in October 2014.

 

Start of this month... It dropped off as it should. 

 

22nd of October 2020 it was readded with an amended default date of March 2015.

 

There is no reason for the Default Date to have been amended and last payment was March 2014.

 

I am right in thinking that under NO CIRCUMSTANCES a new default can be registered? 

 

Account has not been sold to a DCA... 

 

[dx100uk]

if you didn't satisfy the original DN ...then no.

[fkofilee]

Its a Telecoms Debt so no CCA involved (IE not O2 Refresh etc) 

And no - the original DN was not satisfied due to the amount at the time. 

[AndyOrch]

Speak to the telecom and ask why its been amended from Oct 14 to  March 2015 ? 

[fkofilee]

I have at complaints level - They said to me that the balance is still outstanding and to raise a dispute with the CRA...

 

Errr Sure - But that doesnt absolve you of your responsibility Mr Teclo Company - You are the one who changed and reported the information.

Raised as a CEO complaint due to the bad blood between me and said company but unsure whats going on. 

[AndyOrch]

Notice of correction then with the CRAs...they will be able to see its already been removed on its anniversary...but they wont be able to explain why its been extended a further 5 months ? 

[fkofilee]

Have had NOC about the account in dispute for the last 3 and a half years since CIFAS Cat 4 Marker due to their incompetence. 

Well thats the thing - I said that this morning to their complaints team when making an enquiry myself but the complaints team were tightlipped and were verbatim told just to say raise a dispute with the CRA.

Its almost like the dont believe. me... But if you check the history on my CRA for the account - Its blank apart from a marker for Oct 2020. 

 

The original entry with Experian is attached. This was the same across all 3 CRAs. It dropped off

 

 

Then this appeared from now.

 

 

You can clearly see its been pushed out. Thats from my Transunion stat report. All said exactly the same thing... 

 

[AndyOrch]

ICO time then if you cant get anywhere with either.

[fkofilee]

Thats what I thought... It was only raised last night so Im going to try and resolve over the next few days direct... But if no dice - ICO it is. 

Because its Vodafone - I am not taking any hostages... 

[AndyOrch]

Its the responsibility of any Data Controller to submit correct data to the CRAs under the accuracy principle of the GDPR (Article (5)(1)(d)).

 

https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-to-rectification/

[fkofilee]

Thanks Andyorch - Completely slipped my mind to check that.

Ive already cross referenced all CRAs and the ICO Document on credit reporting where it states a default should be removed after 6 years. 

[AndyOrch]

See what transpires.

[fkofilee]

Response from the Credit Team @ Voda

 

"The information on your credit file is correct" 

 

And this is why Voda's entire company seem to have their head in the clouds. I have literal proof that the date has been the same for the last 6 years and then its been changed. 

Ive sent further proof of the DSAR from Equifax I have showing it as the 1st Oct 2014. They are now making me wait a few more days to reassess the evidence. 

They are completely useless in every regard...

[BazzaS]

Can you show the (new, incorrect) default has caused you pecuniary loss?

if so, letter before action (also requiring them to amend the incorrect info), and then claim for your loss(es) (with Voda as the defendant) in the small claims track of the county court.

 

Then, if they are daft enough not to correct it and you suffer further pecuniary loss as a result, a further similar claim for both the new loss and a mandatory injunction to correct the reporting to reflect the true DN date.......

Edited November 6, 2020 by BazzaS

[fkofilee]

Question is do I want a counterclaim for a huge sum amount they claim I owe...

[dx100uk]

no 

what has the ico said?

thread title updated

 

dx

 

[fkofilee]

Nothing yet because I havent raised it yet. I want Vodafone to respond and either amend it willingly or provide a Dead Lock Letter so I can justify my case with the ICO. 

 

[dx100uk]

you don't need too 

the ICO typically take these on and sometimes it's sorted in one day now.

 

neighbour had a 3 default that was the same, for some unknown reason 3 decided to move the defaulted date until they sold the debt, from what they had was the last payment date.

 

the ICO told them they can't do that as it's not covered by CCA and must be last payment date.

took one phonecall

that was start of october.

[fkofilee]

Really? ¬_¬ Thats impressive for a Government Bod... 

I will take a look at them again. I referred them over earlier this year a case for ARC Europe regarding the data breach I found - Took them 3 weeks to come back to me. 

[fkofilee]

Update

 

Vodafone blame Equifax, Equifax blame Vodafone and rightly so as the other 2 CRAs had the same information.

All 3 CRAs have only asked Vodafone if its correct and not challenged them. Vodafone's Customer Relations Team keep taking the Credit File Teams responses like holy gospel. 

The response from Vodafone CR also got the default date wrong that Im complaining about - Typo but even so - Kind shows you that Voda trains these Vodaclones poorly. 

 

DSAR requested this evening with correspondence requests for Date of Default etc

Vodafone reported to the CRAs monthly the balance but did nothing about the default date so naturally it dropped off in October when it should and magically reappeared. Something is off here and isnt adding up.

All 3 CRA complaints have reached exec levels and are using the "We only report what Vodafone tell us too" card which is bollocks IMHO when clearly im raising a fault. Someones head will role. 

 

ICO informed this evening but potential wait of 3 months... If it takes 5 months, the default will disappear. 

Vodafone HAVE committed to me in writing the below;

 

Quote

In response to this, I can confirmed that Vodafone will stop reporting the default on the 1 March 2021. I do have to advise that it can take up to 30 working days from this date for it to reflect on your personal Credit File report.

 

Im so fed up of this its been on my mind for 3 weeks now. I gain nothing from it being removed. I still have my CIFAS  marker and 2nd account in default but all I want them to do is to abide by what is required under law. 6 years from date of default. 

 

 

 

 

It clearly shows the correct date. Check the replacement. 

 

 

 

 

Im really at a loss...

 

[fkofilee]

DSAR back from Voda - Just looking at it now

 

 

Doesnt seem right to me...

[dx100uk]

correct

[fkofilee]

I know the account had no CCA involved but I am querying the DN side of it / Date. 

I thought DCAs wouldnt issue DNs.

[dx100uk]

handled...dosn't say issued by them..they are just trying to confuse.

 

whomever can't just bump the defaulted date at will

[AndyOrch]

And bear in mind there is no requisite to issue a DN on unregulated debts.....but the OC still retains and is responsible for all the information with regards to the placement of the original marker on your CRAs.