Help please with Vodafone Default

[ellielou]

I'm hoping someone can help me with this - I've tried to keep it short & sweet - many thanks

 

I signed up for a Vodafone contract with Singlepoint in November 2000, in July 2003 my contract was moved to Vodafone.

 

In December last year I took out a new phone with Orange and forgot to pay Vodafone for my last 2 months with them. I then rec'd a letter from them telling me they'd cancelled my contract (around Feb) and I owed them £00 or so.

 

I wrote back with a payment of £30ish & a promise to pay them the rest over the next 2 months.

 

Next thing I have a debt collection agency on the phone - I refused to speak to them as I had rec'd nothing from Vodafone to advise me these people were in fact working on behalf of Vodafone. I then just sent the rest of the balance owing to Vodafone.

 

I now find I have a default registered on 29th April for £79!!!

 

Any idea's if I can get this removed? I seem to remember reading somewhere that if they've cancelled my facility they also cancel the agreement that allows them to share my info with a CRA?

[ellielou]

Hi

 

After a look over this part of the site I've managed to find this info.

Would somebody mind PLEASE running their eyes over it quickly to see if it's the right letter.

 

MANY MANY THANKS

 

Warrington

Cheshire

13th June 2007

Dear Sirs

Re: Former Vodafone Telephone Number ****

I understand that you have placed a default marker on my credit files in relation to the above closed account.

I am contesting this continued processing of my data as an unwarranted act and I enclose a Statutory Notice to that effect, which is deemed served as of the date noted on the Royal Mail's Recorded Delivery service audit.

As you are aware, I am afforded principled rights under Schedule 1, Part 1 ("The Principles" in relation to the manner in which my data is collated, stored and processed. Of particular note, are Principles 3, 4 and 5:

“3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.

4. Personal data shall be accurate and, where necessary, kept up to date.

5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.”

In my case, you are retaining and processing data (whether or not this is a simple renewal process of the default flag, daily or other timed factor) after the cancellation of the contract. As that contract is no longer in situ, then my written permission has also ceased from the date of cancellation.

Principle 2 states:

"2. Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes."

I emphasise the term "specified...purposes " as in that specified within the contract, and no more. I also emphasise the term "shall not be further processed".

The contract, that I signed, only gave you permission to process data during the term of that contract. It neither included any other permission, nor did it imply that your perceived 'rights' to process my data would be in perpetuity. There was certainly no clause contained within the contract that stated that you had any arbitrary right to continuing processing data for up to six years after the ending of the contract.

 

Also, I cannot recall any clear statement that gave my express permission for you to continue disclosing my subject data to third parties after the end of the contract. You should be fully aware that any non-agreed disclosure of personal data to third parties, without written permission is a criminal offence under the Act. Section 35 only allows exemption to this clause, if disclosure is necessary in the detection of crime, and disclosure is so ordered by a Court. I do not believe that you have any such statutory obligation especially in such a case as this; alleged non-payment in a civil matter.

 

However, if I am mistaken, and the contract did specify unlimited time extensions, then you must provide me with a copy of those terms indicating where I have signed an agreement to them. This should be sent to me as one of your enclosures, if you wish to contest the enclosed Statutory Notice.

You should be aware that you have, by statute, twenty-one days in which to either comply with my request, or give written notice stating your reasons and why you consider the notice unjustified. Any failure on your part to adhere to these timescales will automatically result in your non-compliance with the statutory procedure. In that case, you will be expected to unconditionally comply with my Statutory Notice or I shall refer the matter to the Courts to ask for an Order to that effect. Should it be necessary to refer the matter to the Courts, then I shall also apply for Court fees and costs against Vodafone.

 

I trust that I have made my position clear, and that you will make a serious effort to understand your legal obligations and effect the changes requested. Should you be any doubt as to your obligations as a Data Controller, then I would advise that you seek legal advice.

I look forward to receiving your confirmation that my date file has been altered to remove all reference to my former account with Vodafone, within the timescales indicated herein.

Yours faithfully

Statutory Notice pursuant to Sections 10 and 12

of The Data Protection Act 1998.

 

Data Subject Notice

 

 

 

The Data Controller

Vodafone

The Courtyard

2-4 London Road

Newbury

Berkshire

RG14 1JX

 

Data Subject:

 

Address:

Whereas I have been a customer of Vodafone since 3rd November 2002 and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998.

 

Therefore, take notice that I require that you cease from processing within twenty one days of the receipt by you of this Notice, or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of alleged defaults or contractual breaches or breaches contrary to The Common Law.

 

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which has been caused to date. And that as the processing of the said data in the way referred to in this Notice would violate both the Principles and Data Subject’s rights of The Data Protection Act 1998, to do so would be both unwarranted and unlawful.

 

Signed

 

 

 

Dated this 13th day of June in the year two thousand and seven.

[skbuncks]

Hi Ellie

 

This is the right letter yes. However Vodafone will dispute its contents. They will no doubt quote the following Information Commissioners Office report of november 2006

 

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/credit_%20agreements%20-%20data_%20sharing.pdf

 

Well Vodafones eagerly awaited response has arrived. The gist of it is as follows:

 

As you will be aware, section 10 of the Data Protection Act only requires data controllers to comply with requests to cease processing personal data where the data subject can prove that:

 

1) The processing is causing or likely to cause substantial damage or distress to the data subject AND

2) That the damage or distress would be unwarranted.

 

Vodafone does not intend to comply with your notice to cease all processing. You have provided no evidence of having suffered substantial damage or distress AND that the damage or distress is unwarranted.

 

 

They have also kindly enclosed the Information Commissioners Office's missive from Nov 2006 on credit agreements and data processing.

 

 

The crunch of the matter appears to be demonstrating that the processing is unwarranted which is what I intend to do (amongst other things). More details to follow

 

skb

 

Is worth sending the letters off anyway as a starting point. In my case they referred it to their customer relations dept who decided that given the circumstances around the default they would remove it - think that they could see it was unwarranted. Judging by what you've wrote about yours above I would say you have a pretty good case for justifying that the continued processing is unwarranted.

 

These letters have worked quite well against other companies but it would appear that VF are right when they say they do not require your consent to process your data after the end of the contract by virtue of DPA Schedule 2 Section 6(1): (1)

The processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case by reason of prejudice to the rights and freedoms or legitimate interests of the data subject.

They would have us believe credit checking is a legitimate interest and I dont know how we would go about showing that it isnt. The onus is therefore upon us to demonstrate that the processing is unwarranted because it is prejudicial to your interests.

Anyway as I said send the letters off and see what their response is, and in the meantime document your timeline of events that led up to the default and the payments you made etc and keep us informed on your progress

 

skb

[ellielou]

Thanks for this - I've opted to try this approach first -

"Having been a customer of Vodafone since 3rd November 2000, originally via Singlepoint and then with Vodafone from 16th July 2003. I am extremely disappointed to find that after over 6 years of loyalty to your company I find my self with a default for £70.09.

I moved mobile contract provider in December 2006 thinking that my Vodafone contract had ended and due to the fact I received a cashback deal from my new provider. You will note from your records that upon being made aware of an outstanding balance of £104.09. I made an immediate payment of £25 and set timescales for repayment of the debt. You responded on 22nd April 2007 that the account was in the hands of the collections team and I should contact them. However, in early May I was in a position to repay the remaining amount of £79.09. This was forwarded to yourselves via cheque, which was debited from my bank account on 10th May 2007.

I note that the default was registered with the Credit Reference Agencies (CRAs) on 29th April 2007, one week before the debt was settled in full.

I feel this to be an unnecessary entry on my credit file, as this will seriously damage my credit rating for the foreseeable future. I therefore write to request that this entry be removed due to the fact I was a loyal and valuable customer for over 6 years and that the small amount you have defaulted will have a massive detrimental impact on my future."

I'll try this first & see what they say, then I'll try the other approach. I'll keep the thread up dated with progress

[ellielou]

Good news if anyone interested

 

Letter from Vodafone stating that they will remove the default and all late payment indicators from my records & a check on my credit report shows they have done just that!!!