Default applied by Vodafone/Lowell

R88

Hi,

This is my first post here.....

Okay so in December 2008 I took out a mobile phone contract with Vodafone, I was a student at the time.. I paid it for 14 months then in the last 4 months and bein young, silly and immature (I'll say it before any of you think it) I missed a couple of payments, got into a bit of a mess.

At this time they applied a default to my credit file on CallCredit and Equifax...

I didnt hear anything about it until around the beginning of 2011 when I recieved a letter from Vodafone demanding payment or it was going to be sent to a DCA (Lowells)

As I am out of work I tried to negotiate with them but they were only willing to accept £100 a month over 2 months... so it went to Lowells and I set up a repayment plan with them.

However I checked my credit file last week and the debt with Vodafone has now changed to Lowells - and the defaults that were applied to my credit file have now changed.

On Equifax it is on the correct date but with CallCredit it is now listed D for September, October, November 2011 after they purchased the debt.

I have written to them with a CCA request - now realised it isnt a CCA for a mobile phone contract, then sent a Default request and was sent a reply:

"Please be advised that Vodafone placed a default on your credit file when you fell behind on your contractual payments. When we purchsed the account the default will have been transferred into the name of Lowell. Lowell will work closely with the credit bureau and ensure your credit file is updated to reflect the payments you make towards your debt. Once your debt is cleared your default will be marked as satisfied. We have a duty to ensure your credit file is accurate and upto datein accordance with the DPA and Fair Processing Notice which formed part of the original agreement you signed with the lender.

A default notice is a technical document with is applied to a credit agreement should the customer fail to repay their account over a prolonged period of time. Mobile phones do now have a credit agreement they have a service agreement as as such a default notice does not apply. Should a customer fail to repay their mobile phone bill then they have breached their service agreement and will be issued with a suspension notice. Said document is sufficient to report to the credit reference agencies.

We are under no legal oblication to procide you with a copy of the Suspension notice, nor are we obliged to provide a Deed of Assignment. The deed of assignment is usually only provided when requested bt the courts."

So now Im extremely confused... I have no memory of receving a default notice, or a suspension notice. But I have a default placed on my credit file... with different dates.

happy_bunny_2

From my limited knowledge, a default date should not be changed once applied to your credit file (e.g. on selling the debt). The name of the company who owns the debt can change. The new company are then responsible for keeping the entry accurate, which in this case they have just changed the default data to please themselves. This is not fair, as if you don't pay they could keep changing the date every 5 years so you are screwed for life.

Take a look at this:
http://www.ico.gov.uk/upload/documents/library/data_protection/detailed_specialist_guides/default_tgn_version_v3%20%20doc.pdf

I am no expert, but send them a formal complaint stating that you want the default date correcting. If they reject it, they should tell you if you can refer the complaint to the Financial ombudsman service. You can also report them to the OFT and maybe contact the ICO to see about getting it changed.

R88

Bump... Sorry guys - I've googled everything they have said regarding a "suspension notice" and how a suspension notice can be enough for the credit agencies to apply a default to my file and why they dont "have" to provide me with a copy.

Any help would be appreciated... I hate DCA's how they think they can get round you....

Thanks

chanz4

The suspension notice states that you are been disconnected from the network, and it normaly does say a default will be registered with the cras. By the way its the mobile regulator not fos.

Vodafone

Hi R88,

When you entered into your airtime agreement with us you also agreed to us reporting your payment history to the credit reference agencies.

As payment was made on time for the initial fourteen months of the agreement this will have been recorded accordingly.

However, once your account fell into arrears by thirty days or more it will have been at this point that we would've commenced recording late payment status codes.

In the event that an account is in arrears by ninety days or more the account will usually have been disconnected and although we have no obligation to issue one a default notice letter will have been issued as well.

As you're querying the date of the default as shown on your credit file with Callcredit I'd be happy to get this looked into further for you.

To enable me to do this could you email me with the details of the account in question at the address here and quote WRT135 - Fao Lee in the subject line?

Thanks,

Lee

Web Relations Team

Vodafone UK