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Vodafone default- help please


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Hi,

 

i have checked my credit file and note that vodafone have placed a default on it. the problem is while i had an account i dont remember ever recieveing a default notice and in fact if my memory serves me correctly i settled the account and forgot all about it as i opened another account with orange (got a better deal)

 

i want to get this removed but i see that vodafone are not governed by the CCA1974 from reading some of the other threads so i assume i cannot demand a copy of the default notice under the CCA?. can anyone tell me how to go about getting this default removed

 

thanks

 

 

paul

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  • 2 weeks later...

i still have ongoing legal action against tmobile for same thing. wish i could offer advice, but all i can do is advise you to avoid my solicitors as they dont know jack LOL

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Guest ian cognito

Paul

 

I think you're only hope is if Vodafone have made a mistake somewhere along the line. They sent me a copy of my default notice when I asked but they are not obliged to.

 

Keep us informed, we may be able to help at some point!

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Hi everyone,

 

now heres the deal. i spoke to a few representitives of vodafone today in the course of trying to find out when this mysterious default that i never recieved was sent. after being transfered to many different departments who had no idea what was going on i spoke to a young lady called amy, she said she would investigate and let me know what has happened.amy emailed me this afternoon saying "

With regards to our conversation earlier today I have called to our collections department and had them issue the last letter that we sent to you which was the Default Notice that you were inquiring about today.

This has been posted out to your home address and will be with you in 3-5 working days, however as it has been printed out today it hasn’t got the original date of 2/04/04 on it.

If you require anymore information please don’t hesitate to contact me." surely they should be sending me the origional default? also they initially said that they had not defaulted me and it was a DCA who did but when i asked which DCA they couldnt tell me saying their records dont go back more than 3 years

any advice that you guys and girls can offer would be great as i want this default gone as i have never defaulted

regards

paul

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Guest ian cognito

I sent them an sar last year, they only sent me statements of account back but from later replies it was obvious they had records of all my telephone conversations (or at least the ones that suited them) I'm sure that info went back more than 3 years, I'll see if i can dig it out later and let you know.

 

Sounds like they're just sending you a computer generated default notice, I would ask for the systems notes too, may cost a £10 for a full sar but could be money well spent.

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hi ian,

just curious but dont vodafone have to retain this data for atleast 6 years? ie should it become challenged in court they would need to produce a copy of the origional default to prove ithat the account did indeed have a default issued

 

its just that they seem to be trying to get off the hook cheaply by sending me a freshly printed default notice with todays date on it

 

what do you think?

 

regards

paul

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Guest ian cognito

I don't think they have to keep or even send a default notice as the accounts aren't covered by the CCA, to be honest, dealing with VF is pobably the most frustrating thing I have ever done and others have been through worse with them.

 

If you think the default is wrong, I would go for an SAR to see exactly what info they have, and make sure you get it all, the statements will show what was owed and what payments were made and when. Also your credit report should show missed payments before the default.

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Hi Ian

 

Now theres the thing, if they are not covered by the CCA 1974 , then they cannot issue a default notice under the CCA1974 as a defaualt can only be issued against someone who has failed to keep to their obligations under a credit agreeement regulated by the CCA 1974. i have heard this arguement from vodafone that they are not covered by the CCA1974 today. i must admit this area of law is not my specialist area but i was fairl sure i was reading the cca 1974 correctly. i think i will send them a S.A.R and see what they have got before i start filling in the N1 forms:D

 

thanks again for your help i appreciate all your input

 

regards

paul

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Guest ian cognito

Yes this is the default/Default argument, the default on your file merely shows that you defaulted on payments, nothing to do with the CCA but unfortunatley just as damaging, if you have nothing to do for the next 3 days, you might want to read this:

 

http://www.consumeractiongroup.co.uk/forum/legalities/29293-dayglos-mission-get-his.html

 

It does go off topic a bit in places but well worth reading if your thinking N1.

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Hi ian,

 

i will have a read through as i am seriously thinking about going to court on this if it becomes my only other option.

 

hopefully it wont be the case ,still as im a second year law student i have a barrister as a tutor so i can tap into his experience as well hopefully between us and the helpful advice from you guys on here we will be successful

 

thanks again

 

paul

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Ahh yes i see what you mean, Dayglo's case against vodafone. i think i will need to study his thread and try and avoid the same mistakes. it may be the case that i need to look at taking a different approach on this case.

 

i will have a think about this over the next few days and send the SAR to see what they have got on me to start with

 

regards

paul

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well, after taking a little time to think i have decided to send the SAR along with a letter in the hope that i can appeal to their better judgment and get them to supply me with the information i have asked for,i mean im not saying the default shouldnt stay if they can prove it was done correctly but i am saying that i never recieved such notice and require them to substansiate the data

 

 

this is what i sent them along with the SAR

 

Dear Sir / Madam

I wrote to your organisation on the 15th April 2007, this was because during a recent check of my credit file I noted that there was a default on my file from Vodaphone. The issue I had was that I have never received a copy of the default notice itself or any communication from Vodaphone for that matter which advised me of any intention to issue any such notice. Accordingly I asked in my letter of the 15th April 2007 that Vodaphone supply me with the following information, a copy of the credit agreement under the Consumer Credit Act 1974 which gives authority to issue such default notices. I asked for a signed true and certified copy of the original default notice and I asked for a copy of the deed of assignment as I am of the understanding that the debt was sold to an external debt collection agency.

This letter was sent via recorded delivery along with a cheque for one pound to comply with the Consumer Credit Act 1974. I note that the letter has been received as the cheque has been cashed, however, as yet I have not received a reply.

So as a result of the failure to reply I took it upon my self to call your customer service department in the hope that they may be able to put me through to someone who can assist me in substantiating the data held on my credit file by Vodaphone. Unfortunately all I managed to obtain during my 40+ minutes on the phone was contradictory information. For example one person told me that the default was for a sum over three hundred pounds, which is incorrect according to my file. Another said I had been defaulted in 2005? According to my credit file it shows as April 2004. I was also told by one gentleman that he was going to get sacked if he was found out to have been looking at a certain area of my account, im sorry but since when did that become my problem, I never asked for anyone to exceed their authority only to assist me in substantiating the data which is on my credit file which I contend is woefully inaccurate and as a result unlawful under the provisions of the Data Protection Act Finally after being bounced from department to department all unfortunately being unhelpful I managed to speak to miss Amy Stevens. Amy was as helpful as she could however all she was able to do is send me a default notice printed on the 4th may 2007 which fails in its entirety to fulfil the request I made on the 15th April 2007, a request I might add which you company has cashed the cheque I included.

During my conversation with your operators it became another issue of concern to me that you (Vodaphone) still persist in using my old address on your records despite pervious written and verbal communications to the contrary. I note that from the conversations yesterday, one of your staff advised that this elusive default notice was infact sent to ***********************which in itself left me confused as I moved to my current address in December 2003 and advised Vodaphone of this fact as well so why send a letter to an address that you know I am not living at? Also if this is the case that you rely upon this as your “defence” so to speak that you did send me the said notice, then again I argue that my parents did not receive such letter as they passed all mail to me as I only moved around ¼ mile away from their house.

The simple fact as I see it is that I have never received such default notice from your company. I have requested that you be so kind as to supply me evidence that this notice was indeed issued but to date it has not been forth coming. I must point out that I am not trying to get a legitimate default notice removed. I am just asking you to substantiate the data on my file with hard evidence and if you cannot then I must ask that the default be removed as it would not be legitimate nor would it be lawful to remain on my file. if this request is ignored I will consult with the Information Commissioners Office and will also take legal advice with a view to launching a claim in the Southampton County Court to get this resolved. However I sincerely hope that will not be necessary as I hope you will assist me by complying with my request

Please also see the attached Subject Access Request (S.A.R) pursuant to Section 7 of the Data Protection Act 1998. I have included a statutory ten-pound cheque as payment for the S.A.R.

Also I have included a copy of the correspondence between myself and Miss Stevens and also a copy of the data shown on my credit file so that you can compare with what you have on file

I feel it is reasonable to ask for a response within 14 days of this letter. I am aware that you are entitled to 40 days for the subject access request and my request for a response in 14 days is merely for a reply to this letter and not the S.A.R

regards

PT2537

any input would be greatly appreciated

thanks

paul

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  • 1 month later...

well,

 

today i got a sod off letter from Vodafone.we are not regulated by the consumer credit act so we wont be sending you bu**er all our default is correct blahblah blah. however they did send me a default notice with no details on it? im a little lost now as im not sure what to do next, they are saying they had contacted me various times which from memory is simply untrue, they also claimed to have written to me but they kept using my old address even though i told them i had moved so clearly i have not had the communications they claim i have recieved

 

 

any help would be great

 

thanks

 

paul

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Hi Paul

 

I've just read through your thread and have a couple of questions

 

1) How long ago were you defaulted?

2) How many missed payments were there?

3) How much were you defaulted for?

4) Did all the missed payments come after you moved over to orange?

5) When was the account cancelled and by whom - yourself or VF?

6) Dates when you moved address and how it ties in with missed payments/default notices/moving to orange etc

 

To my knowledge for a default (small d) they dont have to issue a default notice as its not regulated by the CCA. The only way I know of to get it removed is to demonstrrate that the continued processing of the default is unwarranted - this is easier to do if the sums involved are small.

 

The Data Protection Act states the following

You can request that processing of your personal data cease on the grounds that the processing is unwarranted and likely to cause you harm or distress. This is subject to the following conditions set down in Data Protection Act Part II section 10:

 

1 Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons:

a. the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and

b. that damage or distress is or would be unwarranted.

 

 

Demonstrating substantial distress is the easy bit, demonstrating that it is unwarranted is harder. After all you didnt pay your bill. This is where Dayglo in his thread fell down. Hence my questions above. Building a case around unwarranted processing may be the only way of getting the default removed IMHO. That and appealling to VF's better judgement of course lol.

 

skb

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Hi Skbuncks,

 

thanks for replying, to be honest i will have to pull the file out and have a look at the dates and other info, however, im not at home at the mo as im currently working away so i will have a look when i get back at the weekend and let you know

 

thanks for your help

 

paul

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  • 1 month later...

Any update?

Completed:

RBOS Charges - £2435 settled in full :)

RBOS Default Removal - Removed :)

Carphone Warehouse Default Removal - Removed :)

Welcome Finance Default Removal - Removed :)

Viking Direct CCJ - Removed :)

Littlewoods Default - Removed :-o

 

Ongoing:

N Hunter SAR

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nah, to be honest ive put the vodaphone case to the bottom of the pile at the mo, i am locked in dispute with littlewoods and they are taking up my time. i will let you know when i start with vodaphone again

 

regards

paul

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  • 1 month later...

I've got a problem with Vodafone too.

 

I took a trip to Dubai and took my phone with me. I used it for a bit over there not a great deal but i did use it. When i got the bill through it was around £500 for two weeks. I immediately called Vodafone and asked for an itemised bill. This took a while to come through, while i was waiting i cancelled my DD with Vodafone. I'd advised them of this and said i wanted to see the bill as i was sure i didnt use my phone that much.

 

When the bill came i queried loads of internal calls. And Vodafone said they'd look at it. This went on for about 2 months. I then recieved a letter from a collection agency saying they were recovering funds for Vodafone. The fee was now about £800 with the rest of the yearly line rental.

 

I agreed to start paying the collection agency £50 a month to keep them happy while i started to deal with Vodafone again. I spoke to customer services and spoke to an agent who looked into it for me. He said VF had put a default on my account and that was it. i asked him if there was anyway he could remove it. He called the department that deals with defaults. He was told that if i paid the ammount in full then they would remove the default. He gave me the name of the person who advised him of this and added notes to my file. I paid the money and waited for the default to be removed. I checked my credit report a week later and it was showing "Satisfied". I called VF again who said that was all theyt could do. I was fuming, they blatently said they would remove it.

 

I paid £10 for a copy of my account notes. And it clearly says that if i paid my bill the default notice would be removed.

 

I called and caled and eventually got a call back off a accounts manager who said. That it was a staff error and i shouldnt have been told this. She said that by law they had to put it on as i'd defaulted on my payments. The only reason i didnt pay is cause i thought they were looking into these calls made in Dubai and Muscat.

 

Now what do i do? I've got account notes saying they would remove the default. Is this good enough to do something legally?

 

Apart from this default my credit history has been perfect never missed a payment on anything. Now i cant even get HP from Currys.

 

Thanks in advance

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