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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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Hi there,I have a problem with a default that has been

Customer Question

Hi there,

Im hoping to get some help with a vodafoneicon default Ive just received as I dont think its fair and Im not sure how to proceed.

This is the sequence of events so far:

September 2012, I opted to change my provider from vodafoneicon to orangeicon, as my signal on Vodafone was poor and had been since I moved to my new house three years ago. At this point I had been a Vodafone customer without missing a payment for more than 8 years. I held three lines with them, 1 for my phone and 2 for mine and my wifes iPads. The iPads I wanted to keep active as they still had some time left to run, but the phone contract was expiring so I took the opportunity to move to Orange and get a proper signal in my village.

October 2012, I received a letter from Vodafone advising me that I had missed a payment on my iPad accounts and that the full balance for both contracts was now due. A sum of £749.39 was payable immediately. I phoned Vodafone up and tried to make payment but did not have my account number (I was at work at the time and didnt have the letter they sent me). I had my iPad with me but it does not have the phone number contained in the settings (like the agent I spoke said it should). We spent half an hour on the phone which left my incredibly frustrated because despite me trying to pay they said they could not locate my account details and therefore it was not possible to pay. When I asked what I could do they told me there was nothing I could do until I had the phone number.

November 2012, I got a text alert from Experian alerting me to a change in my payment history. I logged in to my credit report at credit expert and discovered that Vodafone had reported I had missed a payment on my account. I phoned again immediately to try and resolve the issue and had the same problem as before. I didnt know my account number, they couldnt find my phone number and searches on my name and address yielded no results at all. Again a hugely frustrating phone callicon in which the agent told me there was nothing they could do.

December 2012, Same as November. I got an alert from Experian, I phoned Vodafone to make payment again and again nothing could be done. At this point I decided to take matters into my own hands because I was clearly getting nowhere with the agents on the phone. I spoke to a friend of mine who is a store manager for Vodafone in the south of England. She said that she could get my mobile number with the IMEI number off the sim card, something that not one of the agents I spoke to advised me. Armed with my IMEI number she was able to get my account number.

January 2013, I contacted Vodafone with my account number and attempted to pay them again. After 45 minutes on the phone and being transferred through FOUR different departments I eventually ended up speaking to Credit Control who advised me they could not take the payment as the account had been passed to a debt collectioniconagency. The gave me the details which I called immediately and made payment. The payment was for £849.39 because the collection agency had added a £100 fee. 

The payment was made on the 10th January. I checked my credit report that day and there was no default showing. On the 11th January I woke up to find another text from Experian advising me of a change. Upon checking my credit report I discovered the status of my payment history had been changed to "Default" and my score has dropped through the floor.

I phoned Vodafone up and spoke to their Credit Control department again. I put forward my case that I had phoned on several occasions to make payment but had had no success. The lady said there are many ways to pay that include paying in slips and over the counter at Barclaysicon. I told her that I bank with Barclays and would have had no problem paying over the counter had I been told that was an option. None of the three agents I spoke to advised me that there were other payment options. Ultimately she went away to speak to her supervisor to see if there was anything else that could be done but came back with bad news. She said that because they had sent me a letter back in September with my account number on it they would not be able to remove the default.

I think this default is hugely unfair and it will drastically affect my ability to buy a house (something my wife and I were planning to do this year). I feel I have made efforts to try and pay Vodafone and that in order to resolve this issue I have had to go outside of their processes and borrow a favour from a friend of mine. 

Is there anything I can do about this? Do I even have a case here or should I have done more?

Id appreciate any and all advice on this as its deeply upset my wife who has talked about nothing more than buying a house for the last two years! 

Kind Regards

Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

Are you able to summarise and I can assist?
Customer: replied 3 years ago.

In summary of the summary I have already sent:


 


- received letter from Vodafone stating monies were owed


- phoned Vodafone on three occasions to make payment, the agents couldnt find my account details, told me they couldnt take the payment because they couldnt find my account.


- had a friend work out my account number, contacted Vodafone and made payment


- account had already been passed to debt collection agency as three months had passed


- vodafone placed default on my credit report because of the time lapsed


- I have asked them to remove the default as I tried to make the payment, they say no because my account number was on the original letter they sent me and that if I had had that when I phoned the agent would have been able to find my account


- I feel this is unfair and want the default removed.


 


So my question is, do you think I can get the default removed based on this information and should I consider taking Vodafone to court over this?

Expert:  UK-Justice replied 3 years ago.
You can do 2 things.

Complain to the information commissioner,

They are free, independent and can examine your complaint.

They can be found at www.ico.gov.uk

If that does not work then you can issue proceedings under section 14 of the data protection act.

Proceedings can be issued to rectify, block or destroy data.

You need to fill out form n1 at the county court.

But apply to court and you can ask the judge to order then to remove the default.

Does this help?


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.

Customer: replied 3 years ago.

Thank you for the response, I appreciate your time and help.


 


Do you think I can get the default removed based on the information I provided and should I consider taking Vodafone to court over this?

Expert:  UK-Justice replied 3 years ago.
You may be able to.

The cost of the application will be £175 but you may get costs awarded.

But I would go down the ICO routE first.




Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and other Law Specialists are ready to help you
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice
Customer: replied 3 years ago.

Yes it did, thank you. I already clicked on the smiley face

Expert:  UK-Justice replied 3 years ago.
Thanks

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