Debt collectors discount offer on credit card balance...

longhauladdict

Thanks so much Never in doubt.
The story is that between Xmas and new year, I recieved a letter from SRJ Debt recoveries, stating that it was a 'trace confirmation' and that because I had failed to respond to previous communications they had traced my address.
I had no idea what this was for, so to cut a long story short, I rang them and it was a defaulted final bill from Vodafone when I changed my network earlier in the year.
I moved at the end of Jan 09 and genuinely thought I rang Vodafone to change my address, but when I rang them to query it they said they have no record of this. I can't prove that I did ring them so I think thats a dead end. However, at the same time approx, I also changed banks (stupid thing to do with hindsight!!!).
Anyway, Vodafone state that they tried to take the money from my account (I had a DD set up) but it was declined...(from me changing my bank!)
Anyway, they sent my bill to my old address, and I am assuming also the Notice of assignment so I have never had one, but obviously I wasn't even aware of the bill. (when I stopped my old contract I thought I had recieved my final bill)

Anyway onto the default, I requested both my Experian and equifax reports and got them this week. Both state that I have a 'default' with Vodafone. However, they have def told me that they cannot discuss it with me as it has been passed on?
I have no issue in paying it, I know that its my own fault but would really like to clear the default if at all possible? I've read somewhere that you can request this if you make a full and final settlement (as the letter above suggests!)

Thanks so much for your help xx

longhauladdict

Sorry just wanted to bump this in case Never in Doubt is about. Or anyone else who can help?
Thanks xx

never-in-doubt

longhauladdict wrote: »

Sorry just wanted to bump this in case Never in Doubt is about. Or anyone else who can help?
Thanks xx

Hiya

Send the following letter - just add your reference (old mobile number or reference) and send it to Vodafone. There is also a letter below this, to send to the Debt Collectors.

Obviously I am assuming you're willing to pay the debt? If not then pointless sending the letters! These letters will be the last real chance you have of getting the default removed, if they still decline - scan their reply up here and let me take a look - the way i've made the letter sound, would suggest they issued the default unlawfully in which case the threat of court should help.

Letter to Vodafone: Once done, you can either send it via post or use the following and copy/paste it into this special form for complaints (letter may be too big for this option) - http://campaigns.vodafone.co.uk/complaints/

Dear Vodafone,

Ref: XXXXXXXX

I write with reference to previous communication regarding an unlawful 'Default Notice' registered against me, by yourselves. As previously explained, the account is relating to an old account which was paid in full and confirmed, at the time I disconnected.

In brief, I used to be a Vodafone customer and around January 2009 I changed networks and confirmed this with you, to which the last payment was debited from my account and the contract between us was closed. I then went on to move address and even had the courtesy to ring and let you know my forwarding address so you could send me a final bill, if one was due - I was told there wouldn't be, so when I did move address and never heard from you again it was not unnatural.

Imagine my surprise then, a year later when I get a letter from SRJ Debt Recovery mentioning a trace and monies owing from an old Vodafone account. I have, unsuccessfully tried to get this matter resolved numerous times all to no avail, which I find rather bemusing considering I notified you of my change of address at the time I moved. I then get advised to check my credit file and to my utter horror I notice you have defaulted me. Not only is this default unlawful but downright disgraceful considering I was advised by someone in your own call-centre that my account was closed and paid up-to-date; coupled with the fact I gave you my forwarding address.

I am now left with no alternative but to issue you a final warning prior to seeking clarification through the courts as I feel totally cheated and I have never disputed or denied any monies was owing. Had you done the correct and decent thing and just wrote to me, i'd have paid the account within a matter of days - not a year later.

As such, I do feel you have acted very impromptu and kindly request that you consider immediate removal of the default notice; that should never have been placed against me. I also feel that as a gesture of goodwill, due to the fact this has been libellous against me for over a year and was wrong in every sense, even as far as liability of alleged debt, you should make a suitable offer of recompense for my troubles.

I would also like to make you aware of The Office of Fair Trading Code of Guidance in which it states:

"putting pressure on debtors or third parties is considered to be oppressive. This includes ignoring disputes about whether money is owed and refusing to freeze action if the debt is in dispute"

As a result of all the above, I feel it would be in both our interests for you simply remove the default forthwith. Failure to agree will result in my reporting your behaviour to the relevant authorities, however I am more than happy to give you one last change to sort things out, so to save us both the time and hassle of litigation, I confirm I am more than happy to leave things as they are so long as you can agree to, and ensure that, the following actions will be carried out;

• The Default Notice will be removed
• The Status of the account will change from “Defaulted” to “Settled”
• The Current Balance will appear as £0.00
• The Default / Delinquent Balance will be set to £0.00
• There will be no date in the “Defaulted Date” field (as it will be removed)
• There will be no date in the “Date Last Delinquent” field on the report
• This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call Credit

If you're happy with my proposal, please respond confirming each of the above points on official letterheaded paper, confirming the exact amount owing from the time, excluding any additional charges that may have been added as a result of your negligence of my personal data, and I will respond by return.

In any case, the default should be removed immediately, without delay.

I look forward to your response.

Yours faithfully,

Sign digitally

Now send the following letter, with a copy of the letter above, to the Debt Collectors.

SRJ Debt Recoveries Limited
PO Box 1173
Woking
Surrey
GU22 2BS

Dear SRJ Debt Recoveries,

Ref: XXXXXXXX

I write with reference to previous communication regarding an unlawful 'Default Notice' registered against me, by Vodafone. I would like to point out that this account is formally in dispute with Vodafone and has been since they failed to send a final bill to my correct address.

As you are no doubt aware, your continual harassment not only breaches the Consumer Credit Act (1974), but also the Data Protection Act (1998), the Consumer Protection From Unfair Trading Regulations (2008) and the Office Of Fair Trading's debt collection guidelines.

Consequently, any legal action you pursue will not only be fully and vigorously defended, it will also be averred as both unlawful and vexatious. As such I respectfully suggest that this account is returned to Vodafone for immediate resolution prior to my seeking legal advice; due to the fact you cannot lawfully pursue any enforcement activities as the account was already in dispute at the time you became involved.

If you decide to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

I hope that this will not be necessary and an acceptable solution can be accomplished. I would appreciate your due diligence in this matter and look forward to hearing from you in due course.

A copy of my letter to Vodafone is attached for your perusal.


Yours faithfully




Sign digitally

Vodafone

Hi longhauladdict,

I have replied to your thread "DCA and unknown debt" to let you know how you can contact our team, who will be able to help you further with this.

I look forward to hearing from you soon.

All the best,

Espi
Web Relations Team
Vodafone UK

never-in-doubt

Vodafone_company_representative wrote: »

Hi longhauladdict,

I have replied to your thread "DCA and unknown debt" to let you know how you can contact our team, who will be able to help you further with this.

I think it has been proven that you are unwilling to help with this so why the change of heart? Because you realise that you've messed up, yet again, or is it because you want to save face by looking good to other forum posters?

Unfortunately the law has already been broken and i'd strongly suggest that longhauladdict does not respond to you quoting the references given, as this allows you to identify him. He has a good enough case to take legal action against you - I suspect you already know this though

Whilst on that matter, I may actually post something of interest to other posters about Vodafones true ethics and caring nature!

I SAR'd the CRA's and to my horror I noticed that Voda had sent the CRA details of my wifes mobile accounts - nothing to do with me, I am not even a Vodafone customer..... The email that came with it was shocking, as though you knew you were in breach of the DPA but "so what"....

Want me to post the relevant parts including the emails sent between Voda and Equifax?

gamez-over

Guys,

Would this type of letter be of any use to me....I can't post a link to my thread...but here is what I wrote:

Hi everyone,

I've been browsing the forums for a while now..and have decided to finally post up for some help.

My credit rating has been absolutely fine until last year when I had to resign from work due to an operation I had to have at the recovery time was six months to a year.

I had an RBS Current Account which I maxed out my overdraft on (£4,000), which ended up being passed over to Triton Credit Services as I was unable to pay any money into my account.

My credit rating went from 755 to 355....and now i'm worrying about how to get my rating back to what it was.

Now I have set up a direct debit to repay the debt and am making extra payments every month so that I can clear the balance asap!!

Can someone please advise me how I can repair my credit rating, and have the note of this default taken off due to my personal circumstances.

Any help would be appreciated!!

Thank you for taking the time to read my thread!!

The alternative is for me to place the account formally into dispute and demand s.10 CCA (1974) is brought into play (cease & desist) whilst I reclaim all unlawful charges combined with all costs. I shall then look at the legality of the assignment of debt; the issuance of a default notice and the agreement (prescribed terms) and between them, I will probably be able to counter sue and litigate over unenforceability.

Is this something I can include in my letter, or do I have to state something else due to my circumstances?

Any help or advice would be really appreciated.

Thank you

never-in-doubt

Your credit score that you refer to means nothing! Why would you attempt a s.10 when the account is not in dispute? You cannot use any old legal jargon and add it to a letter when it is not relevant! lol

Basically, the scores issued by the CRA's mean nothing - they have no impact on your credit and are their own version, a lender has their own version that they use - the CRA scores are meaningless.

gamez-over

never-in-doubt wrote: »

Your credit score that you refer to means nothing! Why would you attempt a s.10 when the account is not in dispute? You cannot use any old legal jargon and add it to a letter when it is not relevant! lol

Basically, the scores issued by the CRA's mean nothing - they have no impact on your credit and are their own version, a lender has their own version that they use - the CRA scores are meaningless.

That's all I needed to know, thanks.