Vodafone Defeult - 2 years on!

[AnyHelpOutThere?]

Hi…

I have a default on my credit record from Vodafone dating from 2005 and I still haven’t been able to get it removed! Apologies for the long windedness of this but if any one can help I would really appreciate it…

The account in question was actually with SinglePoint at the time and the monthly payments were around £15pm paid by DD. Anyway, I received a letter from SinglePoint to say there was a problem with my DD and they were unable to collect the balance. I can’t remember if I called them or they called me but a card payment was made by me to sort things out. I thought no more of it. A month later I received two letters from Vodafone both stating they had recently acquired SinglePoint and that my DD had now been transferred… and “that there was nothing more I needed to do”. Again, I thought no more about it.

On the 28th July I received a letter from Westcot Credit Service Ltd saying they were now in charge of my account and I owed them £156.91 for non payment of services. I contacted Westcot to find out what the charges related to and they said it was from Vodafone and they would look into it for me. I heard nothing back and contacted Westcot again on 18th and 30th Aug, 9th Sept and 16th Nov but still they could not tell me anything. On the few occasions I did manage to find a way through the automated service at Vodafone they told me to speak to Westcot. I didn’t want to pay anything until I found out what it was for so I continued to keep pestering Vodafone and Westcot.

I then found out by chance that Vodafone had put a default on my account… and the rest is history. I never thought that I would still have the default after all this time. I have been via Otelo with pages of correspondence on my part to no avail other than they proclaim that an offer by Vodafone that I pay only half the amount (£75 or so) and the default be placed into a ‘satisfied’ sate as being a fair out come they were completely useless. I did in fact end up paying the £75 to stop things getting worse at the time. I have also had no real help from the citizen’s advice beuro or any other organisation.

I have managed to find out that in fact the card payment I made to SinglePoint was rejected (though I wasn’t told this on the phone at the time) and that although my DD with Vodafone was setup (and even a DD payment taken) the DD was subsequently stopped due to the outstanding amount on the previous SinglePoint account. Instead of Vodafone talking this amount on the next DD they stopped taking by DD and moved my account to that of a cheque payer (this is their policy apparently). Apparently, numerous efforts were made to contact me by phone (I had this phone turned off as I didn’t use it) and letter – I have no record of any letter form Vodafone other than to say the DD was setup.

Apart from this default I have very good credit (or had) and since it has been placed on my account I have been declined for the two loan applications I have made and the amount I can borrow for a mortgage has decreased dramatically or have bad rates. I don’t think I could get a new phone contract now if I tried! I’m annoyed to say the least as this has all occurred over a £15 monthly bill for a non payment about which Vodafone have never sent me a letter them selves.

Anyway, I’ve exhausted trying to talk to Vodafone (they will not move from their status of defaulting my account), Otelo or any other organisations and really now all I want to do is get some advice on what alternatives there are. Has anyone got any suggestions on the specific letters I can / should write, or even actions I can take against Vodafone? All I want is an end to the default, any which way and as soon as possible.

Thanks and sorry again for the long letter!

[buzby]

Whilst you do have a duty to pay your bills, (and - unfortunately - giving someone a DD does not remove that responsibility from you) the fact is nobody contacted you to explain what the problem was, and unless you were clairvoyant, I do not see how you could possible have been able to resolve this issue.

 

Whilst I've been accused of being too quick to suggest formal action, these companies are never to bashful when the boot is on the other foot! I suggest you contact Vodafone and make a SAR - this will provide you with a printout of exactly what the story is on Vodafone's computers (and Singlepoints). They may make a charge (£10 is the max allowed). Once you have this go through the data paying attention to all the dates and actions they are supposed to have taken, and if you recall any of them.

 

Write to the company, stating where their printout differs from what actually happened, and cheque for any fees and charges that may have been incorrectly applied and challenge them. If the company doesn;t resolve the issue, you then can get a judge to decide taking out a Small Claims Action to have the bill wiped, and forve Vodafone to wipe their adverse data from your record. It is a pian when it happens, but you don't have to take it if you are sure you've been treated badly.

[AnyHelpOutThere?]

Thanks. I may well have this SAR report already. I'll check and if not I will request it. The thing is both Vodafone and Otelo seem to think it is ok to that Vodafone relied on communication with me on the mobile in question (which I wasn't using) which I don't think is acceptable . They also think I should have been paying attention to my DD's. As far as I am concerned they never sent me a letter saying there was a problem until I heard form Westcot and as I said I received confirmation that my new DD had been set up ok when Vodafone took over.

I'll have look into this SAR report anyway - thanks.

[buzby]

I quite agree, and no court would stand for it. Imagine, phoning someone a summons and if they didn;t turn up in court they were deemed guilty! Crazy, and if this was the only method used to contact with no backing in writing, they'll lose. After all, the contract hold is not necessarily the phone user. (Just as a vehicle's Registered Keeper may not be the owner.

[AnyHelpOutThere?]

Hi Buzby,

 

Not sure if I have the SAR's report or not. I have a document from Vodafone titled 'statement of account' which has a summary (showing debt aging in days) and lists invoices / payments as seen below:

 

Creation date Inv # Amount

 

06/07/2005 Inv # £104.88 (not paid until I came to a settlement agreement with V)

04/05/2005 Inv # £22.04 (not paid)

08/04/2005 Inv # £11.15 (not paid)

20/04/2005 DD # £11.15 (my DD taken by V.)

04/03/2005 Inv # £29.99 (last inv by SinglePoint - not paid)

 

Does the above look like a SAR's report?

 

I have actually already tried to use this information as part of my argument with Vodafone but they wouldn't have it. I think I need to take a firmer course of action unless there are any letters that might have an effect?

 

Thanks

[buzby]

No - that just looks like a statenebt of account. A SAR will provide info on ALL your interactions and what they did!

[AnyHelpOutThere?]

Ok right - I'll write to Vodafone to get it.

 

Thanks.

[jonni2bad]

You will find the letter you need for this request here

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

However, I would change the wording slightly from...

"Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable...."

 

to this, or similar...

 

"Please supply me with a complete list of documentation relating to my business with your organisation. The information supplied should not be limited to financial transactions -

I require copies of all information stored by your company in relation to me, including, but not limited to;

 

* Charges and fees

* Screen notes

* Correspondences

* Account management documents

* Signed agreements

 

In order to avoid any doubt - I require every piece of documentation that you hold in relation to me."

[AnyHelpOutThere?]

Thank you jonni2bad - I'll use that template.

[AnyHelpOutThere?]

Hi,

 

It's been nearly 30 days since I sent my letter (recorded with £10 cheque).

 

Do I need to resend the same letter if I don't hear back?

 

Thanks

[buzby]

It might be worthwhile waiting the full 40 days they are allowed before following it up with another letter, stating that they are now in breach of their obligations under the DPA and you will be making a formal complaint to the Information Commissioners Office regarding their non-compliance.

[AnyHelpOutThere?]

Hi Buzby / all,

I've decided I really must get this default sorted once and for all before end of the year as it's affecting my business. I'm prepared to take legal action if need be but I'm going to try a few more letters to the right people within Vodafone first.

Anyway, I've been going through my SARS report and I would like clarification on what some of the entries in my file mean. My question is if I write back to the data controller at Vodafone is he / she obliged to answer my questions and explain what each piece of specific data means?

Also, as far as I can see from the SARS report Vodafone's method of communicatuion to me was via SMS and by phoning the mobile number in question (which I wasn't using and had swtched off as I have a work phone) to tell me a payment had not gone through (which is ultimately why I now have a default) over just a period of a few days before barring the line! Surely on their part this is not a reasonable attempt to contact me? Does any one have a legal angle on this or do I need to go through my contract with a magnifying glass?

Thanks for any help.

[buzby]

It really depends on what you agreed to. I always cross out those terms and conditions that say they can contact me to the mobile by voice or SMS, as my argument is the bill payer isn't the phone user (in my case). However if this forms the basis of your contract and they have your agreement, it won't matter if you subsequently feel it unreasonable - they said they would contact you in this way and did.

 

If you can't remember, or if you don't recall - look out your T&C's and if it doesn't say they'll contact you in this way, use it to challenge their methods by saying their way of trying to contact you unsuccessfully, was a major factor in you receiving the default.

[AnyHelpOutThere?]

Hi Buzby / all,

I've been through my contract (which was with SinglePoint not Vodafone) and the only relevant statement about communication is that notices would be passed to me in writing – not mention what so ever about texts or calls - so I think this bodes well for me. My services had already been stopped before Vodafone sent their one and only letter to me (which I never recived but it is noted in the SARS report).

As Vodafone took over my account from SinglePoint and I didn’t receive any new contract from them I presume the SinglePoint contract was still in effect when I was with Vodafone?

Also, do you think that the fact that I have already been through he Ofcom / ombudsmen route (who were useless) that this will diminish the weight of my argument against Vodafone? I hope not.

Thanks again for you help - much appreciated.

[2Grumpy]

- they said they would contact you in this way and did.

 

I would have said that they tried to contact you this way and failed to and they know that they failed to contact you.

If they really wanted to ensure that they had contacted you, they would have checked that their sms's were delivered. They would also know that the phone calls weren't answered.

 

For a phone company to try this on seems a bit feeble on their part.

[skbuncks]

Hi Buzby / all,

 

Anyway, I've been going through my SARS report and I would like clarification on what some of the entries in my file mean. My question is if I write back to the data controller at Vodafone is he / she obliged to answer my questions and explain what each piece of specific data means?

 

Thanks for any help.

 

As far as I know they are required to supply your data in a form that you can understand, with explanatory notes etc where appropriate. So yes contact them if there is stuff you cant fathom

 

skb

[buzby]

Singlepoint will have had the right (in their contract) to pass it on ('assign') it to anyone they like, so it carries forward as before. Your involvement with Ofcom etc has no bearing on what you do next, and as I've noted before, are as useful as a chocolate teapot for most (individual)consumer issues. Raising a Small Claims action shows you're serious, and additionally gives them far more hassle that it is worth (to them) to defend.