vodafone default. recieved SAR.. whats next??

[Ryanrs]

ok, so i finally received my S.A.R - (Subject Access Request) data after a good 60 days from the original date posted. i have looked through it , some is quite complicated due to being computer generated , but i think i have got the jist of what's been going on in my file.

 

Looking through it, i can not see any indication of a Default notice being sent out to me... and it also appears that my credit file has been defaulted while the account was still in dispute.

 

Being as mobile contracts do not run under CCA rules, do they have to send me a Default notice prior to enforcing a default on my file? Also, would a default notice have to be signed and returned by me?

 

What would be my next step of action now, in getting my default removed?

 

i did make a post with scans of my S.A.R - (Subject Access Request) data , is a little lengthy, due to large pics.. feel free to have a look if you can, and advise me of anything you notice.

 

1 last thing... when requesting a SAR ,should details of calls,numbers,txt's + general other bill info And copies of sent/received letters be included, If available , when the data is sent to me?? as i have received none of this..

 

thanks.

[snu]

Being as mobile contracts do not run under CCA rules, do they have to send me a Default notice prior to enforcing a default on my file? Also, would a default notice have to be signed and returned by me?

 

No.

 

What would be my next step of action now, in getting my default removed?

 

Unless you can contest it as being incorrect, you can't.

[Champnos]

Yes, Vodaphone are not bound by CCA by any means. I am still trying to get mine off my record. Did you have any charges on your account you could reclaim?

 

Surely if they have not provided a copy of the default they have not complied with your SAR ?

[buzby]

You're thinking of a CCA default - a Vodafone default can be made at their whim and has no other significance, legal or otherwise. Anyone can hold anyone else in default of a promised action. There's no formal letter needed so no requirement to supply a copy of it.

[Champnos]

Interesting, how do they submit a legal default to my credit record? If so surely this document should be shown to us when requested under the data protection act? Does the DPA not allow you to request any document that is held on file for an individual?

[Ryanrs]

Ok. buzby, what would your recommended plan of action be now then? surely there is a way to have these removed?! on my S.A.R - (Subject Access Request) it shows something abut me paying 5 instalments of £37 to which i never knew of before i got my S.A.R - (Subject Access Request) data. i do however have proof of paying SO of £25 per month which i DID agree to. the total balance to be paid was £188, which = 7x£25 and 1x£13 i however forgot to cancel my SO once the balance was paid and therefore have overpaid them by £37 (i paid 9 instalments of £25). the default was placed on my account because i apparently did not pay the final £13 ,which was then passed to Westcort debt agency, without even informing me about the outstanding payment 1st. But being as i have overpaid them £37, why are they defaulting me for the £13!!

[buzby]

Interesting, how do they submit a legal default to my credit record? If so surely this document should be shown to us when requested under the data protection act? Does the Data Protection Act not allow you to request any document that is held on file for an individual?

 

There is no 'legal default' it is a simple trading dispute. You gave permission to them to disclose your dealings to credit reference agency/ies (CRA) as part of the contract. Therefore the rest of your comment falls, as to the DPA, you can make a SAR, and be provided with the information the Data Controller holds about you, this will not be document based, but more likely screen grabs of your account data with an explanation to what the relevant codes mean.

[buzby]

But being as i have overpaid them £37, why are they defaulting me for the £13!!

 

Because they are inept? Anything that is the slightest bit complex causes systems to crash and customers be harassed. I've found it is far better to deal with a small bunch of firms, that have different firms provide a multitude of services. It cuts down the hassles, and as I won't tolerate a DD, makes it easier to chase refunds of these fees.

 

In your case, all I can suggest is to pursue customer services until you find someone who understands the problem and is prepared to resolve the issue. It'll be a hard slog, but if the net result is that they owe you rather than the other way round, they should apologise, clear the CRA record and make restitution for your trouble.

[Champnos]

Thanks Buzby good advice there, i think you should default/ccj vodaphone not that it would make a difference (joke)

 

Good luck getting your default removed

[Ryanrs]

buzby, would you recommend i discuss this matter with them over the phone, or in writing?

[buzby]

I normally prefer in writing, but in the case of mobile companies, they are rarely set up to do this competently. If you have the contact name of an individual you can pursue to resolve the matter, go for it. If not, it may take you a little time to find the person capable of resolving your issue but if you persevere, it'll pay dividends. (as a side issue, if you can take a private recording of the call to aid your memory later, so much the better!).