Vodaphone Blacklisted me due to a clerical error. Please help

gjchester

NFH wrote: »

In my view, and probably a court's view, if a company defames you by giving incorrect information about you to a third party (e.g. Vodafone giving wrong information about you to Equifax), then you would have a case to sue them for libel and seek damages. The damages in this case would be the higher cost of borrowing as a result of your damaged credit rating. I have twice threatened lenders with legal action for libel where they have reported incorrect information about me to credit reference agencies. In both cases, they paid the compensation I asked for in full and rectified the incorrect information.

The OP believes the higher borrowiong is do to the notices vodafone have left on file.

The mortage compnay (and indeed any lender) will never tell you why you pass or fail a scoring system so the first step would probably be to establish if Vodafone is the fault.

They may be but it's another step. The OP could have failed for an number of reasons, from a mis match in an address, to the lendor having closed the book on that mortgage offer.

greenfamily777

Thanks for your replies. I am absolutely 100% sure that it is due to the vodafone issue. My mortgage advisor spoke directly to the underwriter who has confirmed this. Indeed my credit rating is absolutely perfect apart from this (I have seen it myself).

Thanks for the advice. I actually spoke to Lee on the phone today (he called me). He can't give me an ETA on when this will get sorted but said he was aware of the time constraints.

I have to say that having to resort to coming on to a public forum to sort an issue out like this is ludicrous. I think I will be definitely following the above advice and seeking compensation through the courts. I run a company and have had to do this before, so I think this is a process I will definitely look at going down if this does not get sorted quick enough for me to progress. The mortgage term is 30 years so I would be looking at a bill of approximately £21400 that I would be out of pocket by due to this, more if interest rates go up (the mortgage is a tracker).
This of course does not take into account how many other things that I may be out of pocket by for the next 3 years before this is removed from my credit rating (as I believe it takes 6 years before it is removed from your rating I believe). This will probably include a new car as I am looking at selling the old one.

Anyway we'll see what happens! Lee is being very helpful at the minute, so fingers crossed this gets sorted within the next 2 days.

greenfamily777

Hi Lee,

I hope all is well. Still no update? Just heard back from the underwriter who said they would offer me the original offer subject to Vodafone sending me confirmation that the default will be removed. I need to act on this today, could you contact me to see what can be done?

Many thanks

izools

greenfamily777 wrote: »

I need to act on this today

That isn't going to happen, I guarantee you. You aren't likely to recieve anything in writing whatsoever from vodafone except an apology - not confirmation that the data will be removed.

I'd be looking to sue for defamation of character myself, you've got a solid case and clearly quantifiable financial losses resultant from their misdeeds and breach of DPA.

Good luck! And sorry that this is causing such issues with your Mortgage. These little pishers that run shops on our high street and couldn't care less about the end user really need a stark reminder of the repurcussions their attitude can have.

Sue them. I'm not exaggurating when I say you've got 'em banged to rights on Breach of Data Protection and Defamation of Character, and you can put an unlimited financial loss figure on the proposed settlement due to the fact the increased rates of interest you're having to / have had to pay are essentially undefinable and unlimited.

gjchester

izools wrote: »

I'd be looking to sue for defamation of character myself, you've got a solid case and clearly quantifiable financial losses resultant from their misdeeds and breach of DPA.

I'm not wishing to defend Vodafone here, but you have no clear evidence Vodafone is the cause. I agree it looks that way but unless the OP can get the mortgage company to say specifically that Vodafone's was the specific reason for the rejection it would be impossible to prove.

If the mortgage company took a £131 default that was put on file 3 years ago (and I assume from the OP's initial post that they have not had any credit issues since) as the reason for a rejection then the OP must have been very close to the mortgage company's limits of rejection anyway.

izools

The mortgage company have catagorically stated that if OP can produce a letter from Vodafone confirming the default was recorded in error and will be removed, they will offer him the lower rate.

Like I said, clear cut and solidly quantifiable.

The mortgage company didn't take the default as so bad they would reject him, but bad enough that they would increase his APR leading to immeasurably more interest paid over the mortgage term (potentially uncapped as it is dependant on base rate increases).

Don't want to sound rude, but pls re-read all these posts and you'll see what I mean

greenfamily777

Thanks izools, re gjchester I have solid evidence direct from the underwriter confirming that if the default from vodafone, or they are given evidence that it is being removed that they will put me on the original rate. They have stated that this is the only reason.

On another note I have my equifax credit report in front of me and apart from the vodafone issue my creidt report is extremely good (no late payments or defaults, high credit rating and an otherwise perfect credit record).

gjchester

greenfamily777 wrote: »

Thanks izools, re gjchester I have solid evidence direct from the underwriter confirming that if the default from vodafone, or they are given evidence that it is being removed that they will put me on the original rate. They have stated that this is the only reason.

On another note I have my equifax credit report in front of me and apart from the vodafone issue my creidt report is extremely good (no late payments or defaults, high credit rating and an otherwise perfect credit record).

You actually have it in writing from the mortgage compnay (and not any broker actin on their behalf) that that is the only reason why? It would be extermly unusual for any company to reveal why you failed a credit check.

If you do you have a case, but as I said it is unusual for any company to reveal details about how they credit check.

greenfamily777

I can get this information in written form if required yes. I have it in verbal form directly from them. Yes it is extremely unusual if going through a high street lender, but I am going through a bespoke small lender where I have direct access to the underwriter.

greenfamily777

Izools what route would you advise I take if I don't hear back from them? Would it be the small claims court route? Do you or does anyone else have any advice on how to do this or what route to take?