2 Satisfied Defaulst Removal help - Vodafone & Link/Abbey OD

[ShaneG2009]

Hi All,

 

I have issues with both Vodafone and Link Financial in regards the removal of satisfied defaults registered on my credit files.

 

Over the last few weeks i have read through this forum in great depth and have consequently issued both letters requesting the removal of the default on the grounds of the DPA. I used the templates that are on this forum.

 

At the end of the day, all i want is these 2 entries which are worth less than £800 removed from my credit file so i can get on with a mortgage.

 

The advice from this section of the forum has been priceless!!!

 

I am hopeful that both take the letters with the seriousness in which they should.

 

I'll keep you up to date.

 

Thanks

 

Shane

[citizenB]

Yes, please keep us updated on this. We would be very interested to hear of your progress

[ShaneG2009]

Citizen

 

I will of course keep you up to date, after all it is this forum who have helped me get to where i am now in relation to these accounts.

 

A bit of background on the issues: -

 

Vodafone

 

I got into issues with this for a variety of reasons and i admit that i didn't keep payments up to date.

Lee from these forums helped a lot and again stupidly i didnt pay the balance.

I eventually settled with Vodafone in full in September last year.

They subsequently marked the default as satisfied.

 

I then got to reading this section of the forum and thought about Default notices etc.

 

i never received a 'formal' default notice from Vodafone.

 

As a result i made contact with them about 6 - 7 weeks ago and i spoke to customer services.

They advised they would pass my request for copies of all default notices to the relevant department who would contact me within 5 business days.

I then received a call from a member of a vodafone from a department that escapes me right now

who rather than investigating my request simply said that Vodafone would contact the CRA's and remove the default from my files.

 

I thought great and thought it would be happen over the next few weeks.

 

fast forward a couple of weeks i checked Experian and nothing had changed

i again contacted Vodafone.

 

I was again told by i'm guessing their overseas CSA that they would contact CRA's and remove Default.

 

Again more time passed and nothing has happened

 

i got on here, noticed the templates for Default removal and i've now issued it to the Vodafone Customer Relations Manager.

 

We'll see ; )

 

Link Financial

 

This crowd of eejits were sold a bank overdraft from Abbey 5.5 years ago.

 

they contacted me in August last year and a full and final settlement was agreed and paid.

 

Ofcourse i mentioned the Default to them and they agreed to amend it.

 

In my naivety it assumed this meant they would remove the Default but of course they just marked it as satisfied and they continue to update the file as and when they see fit.

 

This default will expire in August but i want it removed now hence why i've gone down the DPA route.

 

i'll see how they both respond (if at all) and i'll keep you updated.

 

Thanks

 

Shane

[BRIGADIER2JCS]

There is no obligation for a creditor or

DCA to remove a default entry when the

debt is satisfied. or paetly settled, the CRA

files are to give an accurate and up to date

reflection of the conduct of the account fo

this 6 year life of the default.

[ShaneG2009]

Brigadier,

 

That would be a truthful statement if the creditor complied with the relevant legislation prior to Defaulting an account ; )

 

Shane

[BRIGADIER2JCS]

Can't see see any thing wrong

with the Link default at all.

[ShaneG2009]

Aside from their failure to provide me with a proper, lawful Notice of Assignment when i first requested it. In any case my recent letter pertains to their continued processing of my data which of course contravenes the Data Protection Act.

[ShaneG2009]

Ive now sent an email to the Web Relations Team in the hope that they can pick up the issue and resolve the contents of my most recent letter quicker.

The web relations reference is WRT #8502418

[Lee Vodafone Company Rep]

 

Vodafone

 

I got into issues with this for a variety of reasons and i admit that i didn't keep payments up to date. Lee from these forums helped a lot and again stupidly i didnt pay the balance. I eventually settled with Vodafone in full in September last year. They subsequently marked the default as satisfied.

 

I then got to reading this section of the forum and thought about Default notices etc. i and believe i never received a 'formal' default notice from Vodafone. As a result i made contact with them about 6 - 7 weeks ago and i spoke to customer services. They advised they would pass my request for copies of all default notices to the relevant department who would contact me within 5 business days. I then received a call from a member of a vodafone from a department that escapes me right now who rather than investigating my request simply said that Vodafone would contact the CRA's and remove the default from my files. I thought great and thought it would be happen over the next few weeks. Anyway fast forward a couple of weeks i checked Experian and nothing had changed so i again contacted Vodafone. I was again told by i'm guessing their overseas CSA that they would contact CRA's and remove Default. Again more time passed and nothing has happened so i got on here, noticed the templates for Default removal and i've now issued it to the Vodafone Customer Relations Manager.

 

We'll see ; )

 

Thanks

 

Shane

 

Hi Shane,

 

In regard to default notices I can clarify that although we do issue them, where appropriate, there is no obligation for us to do so as we're not regulated under the CCA.

 

In addition, the agents who you speak to either over the phone, via email or webchat do not have the required authority to make decisions in regard to the removal of defaults from customer's credit files.

Ive now sent an email to the Web Relations Team in the hope that they can pick up the issue and resolve the contents of my most recent letter quicker.

 

The web relations reference is WRT #8502418

 

As I've got your email I'll get this matter looked into further and get back to you again as soon as I can.

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

[ShaneG2009]

Lee,

 

That's an interesting comment on CCA regulation; i'd have thought you were because you sell consumer products? Maybe the more legally minded could comment on that?

 

With regards the agents on the phone / web chat - maybe they need some additional training / guidance on what they are allowed to agree and not allowed to agree because if you listen to the recordings of said conversations you can quite clearly hear me asking them to clarify what they have just told me and they were of course words to the effect of 'the default will be removed from your credit file'. It would be interesting to hear whether it would stand up because they are afterall representatives of Vodafone and as such should know what to say and/or what they are allowed to say before saying it.

 

That said i have had a response from Vodafone suggesting the QA department are looking into the contents of my letter and i await their speedy response.

 

Thanks for your help.

 

Shane

[Lee Vodafone Company Rep]

Hi Shane,

 

From what I've read the CCA would apply to products and services where the lending of money took place. However, I'm sure that other members could provide further clarification on this for you.

 

Following our conversation yesterday I can confirm that I've received your most recent email and as such this matter will be reviewed further.

 

Please be assured that I'll get back to you again as soon as I can.

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

[ShaneG2009]

Thanks Lee, i appreciate your help

 

Shane

[citizenB]

I think CCA1974 is only for finance (where an agreement would be provided ) not for products.

[ShaneG2009]

What about if you pay for a handset? Often mobile providers charge for the 'latest, greatest' handsets.

[BRIGADIER2JCS]

I believe they are termed a service contracts.

[ShaneG2009]

Hi

 

Quick update - Vodafone have told me i will be getting a response from their 'Privacy Team' by the end of next week. I've just checked my credit file and the Default remains. I'm intrigued to see what the contents of the letter from the Privacy Team is.

 

Anyone up for taking bets on what the contents are??

 

cheers

 

Shane

[ShaneG2009]

Hi all

 

Just sent all of my letters to Guy Laurence (UK Vodafone CEO). It would be interesting if he took the time to get involved and action the contents of my letters.

 

Regards

 

Shane

[ShaneG2009]

I've had a response from the directors office at Vodafone after i emailed copies of my letters to Guy : ). They are looking into the contents of my letters and will respond without delay.

[ShaneG2009]

All,

 

I had a chat with Lee from Vodafone earlier. He has all but told me the 'Privacy Team' will not uphold the contents of my letter / notice 'based on previous experience' with cases similar to mine. I'm almost resigned to the fact ill get a poxy 'we are allowed to process data for 6 years, its our legal right' letter and if im lucky they might even go as far as to name drop the ICO. You can probably gauge that i wont be accepting that kind of response and rather hope that the Directors Office come up with a more considered response.

 

What are my options in the likely event the response i get is not what i want. Do i go to the ICO or do i go to court?

 

Thanks

 

Shane

[ShaneG2009]

Just a quick note after reading other forums with similar incidents...the default sum registered by VF was £441 which was made up of charges relating to the balance of my mobile phone contract i.e. it was cancelled after 6 months of 18 and the default is the monthly cost x the remaining months on the contract. Are they allowed to register a default that includes sum which could be deemed to be penalty charges? Im not sure if this kind constitutes a 'penalty charge'?

 

I'd appreciate some guidance

 

Cheers

 

Shane

[BRIGADIER2JCS]

If the deafault sum was entirely charges or the large majority

of that sum a default is inappropriate.

[ShaneG2009]

Thanks BRIGADIER2JCS

 

Interesting. The default sum as far as i am aware is entirely made up of the monthly fee x the remaining months left on my original contract so maybe i have a case for believing the default is innapropriate?

[BRIGADIER2JCS]

Indeed so!!!

[ShaneG2009]

BRIGADIER2JCS how does one put that to VF in terms they can understand? Is there something legal that i can point them toward?

[BRIGADIER2JCS]

BRIGADIER2JCS how does one put that to VF in terms they can understand? Is there something legal that i can point them toward?

I'll look that info out for you in the morning I have not got access to paper files here tonight.