vodafone false default refused mortgage help!

fbowisdom

I will try to keep this really short because it's a long story...
I received an unsolicited text in March this year about a new phone contract and ipad. I rang the number and the goods were sent out.

They were rubbish! Under the Distance Selling Regs (Which I know now) I had a 14 day cooling off period. I rang for an address to return the goods to and was given the run around and cut off several times. Usual stuff.

I continued to call, email and write but received nothing until Capquest Debt collectors wrote to me. I sent them the same letters I'd sent Vodafone and they didn't contact me again.

On August 16th I received a bill from Vodafone for £742.00 then two days later a default notice. I wrote to them again and enclosed all previous correspondence.

I heard nothing until another debt collector got then in touch. Again, I wrote to them and they wrote to me telling me that they were no longer pursuing the case for Vodafone. Foolishly, I thought it must all be dropped.

You can imagine my horror when my wife and I went to HSBC for a mortgage, having had an offer accepted on our dream home for us and our baby, when HSBC refused us as there is a default on my credit record from Vodafone!

How can they do this when the case is in dispute and without them adhering to the Selling rules or even replying to my many letters to explain why they think I owe them money? Surely this goes against Data Protection Act 1998, Distance Selling Regs, Office of Fair Trading Guidelines etc?

I have tried to put a Notice of Correction on my credit report but don't know if it will make a difference.

We are so angry and frankly, really upset and don't know what we can do to resolve this. Please, does anyone have any advice or similar stories? We know there's a wealth of knowledge and sound advice on these forums. Please help! Thanks very much.

holly_hobby

A default will only be removed by the CRAs upon instruction of the provder - in this case Vodafone.

Whilst OFT guidelines state that a default or pursuance of debt must be suspended in the event of a dispute, this is very rarely adhered to by financial providers. CRAs do have a duty to ensure that any recorded info is accurate, but they are ulitmately guided by the financial providers who effectively fund the service - and without involving the courts, it can be a labour intensive exercise in persuading the provider to remove a disputed default.

I presume you are refering to improper registration under DPA s10 - the providers agrument is that they have a right to record data under an account with CRAs (permission given by the subject as part of the application), so are duly permitted to record any contractual default of the indvidual. At this moment its your argument against theirs that the registered default is improper - so its a little catch 22 for the CRAs as they are unable to remove or amend the registraton without the providers instruction.

A notice on file, will simply state that the record is disputed and that any providers need to tke this into consideration when assesing the information. In essence what would then happen is they ask you why its disputed, etc.

Distance selling regs give you a cooling off period of 7 days subject to terms (commencing the day following receipt) not 14 days (unless Vodafone publish this as their chosen extension to the consumer rights under DSR), it essentially gives you leave to return an item bought on line, or without being present, without reason. Of which the provider must accept the return and process the refund - subject to notifiation and return of the item within the prescibed time period. So from your post quoting 14 days, if you attempted to return after the 7 day period, this is possibly where the issues have arisen.

Faulty/damaged items are dealt with under different paramaters - but from your post it appears that you were disappointed with the performance rather than it having or developing a fault.

You also don't actually confirm whether you returned the item to Vodafone. I have read that you tried, but no confirmation that you actually returned the goods. What happened to them ?

Without knowing if you tried to return within 7 days, have you contacted Vodafone complaints to discuss this ? Have you contacted Trading Standards for their guidance, with regards to the alleged issues and obstructive behaviour of Vodafone, surrounding the return item (not the default which they are unable to remove) ?

You may wish to settle the default in the meantime (re mge purposes), but continue to dispute it, and have Vodafone duly mark it as satisfied (ensure you obtain a cert of satisfaction for future presentation in suppport of any financial application). They subsequently removing it, and reimbursing you, if they accept your presented argument and agree their registration to be inaccurate.

Otherwise, as such a new registraton, and depending upon if a lender will accept the circs, this may cause you an issue for a little while to come (it will however expire from your credit record shortly following its 6th anniversary of registration (if no payment or acknowledgement is made during that time frame), which doesn't help your current situation.

Hope this helps

Holly

fbowisdom

Hi Holly,
You're quite right- it is 7 days cooling off period. I think what happened was that we had to research how to cancel ourselves on the internet as there was no info with the goods. I think I must have mixed up the financial distance selling regs which have a 14 day cooling off period.

The difficulty was when we rang to cancel and were not given a return address. They said we'd need to speak to the account manager who would ring us back with cancellation details and an address, but he never called back.

The items are still here in unopened, sealed packages. Having had advice from the Office of Fair Trading though, as there was no paperwork ever sent explaining how to cancel or our rights about cancelling, we actually had three months and 7 days to cancel.

I could pay the money, but the default would still show on my credit record wouldn't it? And, I totally dispute that I owe it. I can't see the point in paying it and then fighting it is it still there as a black mark against me.

I've emailed them again and will write again, so we'll see what happens. I will also contact OTELO and see if they can help. It's all so confusing.

Do you think it will help if I pay it and try to fight for a refund later? Thanks for your prompt reply Holly. We really appreciate it.

holly_hobby

Ah ... they have to send you with the item details of their return policy, if they don't as you already know, the 7 day DSR statutory period is invalidated, and is replaced by the timeframe which you quote above.

You should really have pushed this at the time no call was recd, however we are where we are, so I feel the quickest and simplest way to do this is to firstly ring them, speak to their complaints dept and lodge a formal complaint. You may wish to follow this up with your complaint in written format, ensure you send it by recorded delivery - confirming in the complaint its basis and what you want the company to do to resolve the matter i.e accept the return of goods, and removal of the default with ALL CRAs whom they record data with.

To pay the default in the intrim .. well once they have had their money, its always difficult to get it returned - however from what you say, they have no legal basis under DSR to refuse return of the goods or your payment of the same ( which in effect is the default).

I suggested satisfying the default, in order to expedite your mge application - accompanying with the mge app a copy of the compaint letter, how the default became registered etc, in order to demonstrate that the default is "justified" deviance and not representative of your attitude to financial obligations.

But, before doing this, lets see what Vodafone say when you call them, once you can assess their response to the situation you can decide the best way to proceed ....

I will pm you shortly with some additional info which may expedite matters

Hope this is helps

Holly

slopemaster

Vodafone did something v similar to me.
I involved my MP, and they removed the default notice very quickly

fbowisdom

Just to fill people in an the saga, my wife (who earns just enough to afford the mortgage on her own) applied and has been turned down for a mortgage with three other lenders because of my "financial association" with her. How unfair. She has nothing to do with the disputed default on my credit report.
Contacted Vodafone again who have said they will reply in 7 days. Mind you, we've heard that one before. Yesterday, they said they'd ring back and when I rang them, the relevant person had gone home!
I have started a complaint with OTELO and will write to my MP. It's criminal that a disputed mobile phone can stop another family member from buying a house.
Thanks once again for everyone's input and interest. I'll let you know what happens next.

holly_hobby

FB did you get my PM on this ?

H x

fbowisdom

Hi Holly,
I did wonder if there would be a Vodafone rep on here too. I am going to follow the link and contact him and see what happens. I'm getting in touch with my MP today too.
Thanks again,
FBOW

Vodafone

Hi FBOW,

Just seen your thread here.

I can understand the concerns you've raised and would certainly like to take a closer look to see what's happened.

I note that you've followed a link in order to get in touch with us. To make sure your email reaches us can I double check that you've sent it to the address in our profile here and quoted WRT135 - Fao Lee in the subject line?

Please be assured that as soon as we've received it we'll endeavour to get back to you as soon as possible.

Kind regards,

Lee

Web Relations Team

Vodafone UK

holly_hobby

Hi FB,

Pleased to see that the advice worked, and a V. rep has now picked up your thread - hopefully the contact info will assist other MSE'rs who are experiencing Voda. probs, which they are finding difficult to resolve directly.

From what I have seen Lee is very helpful, and if there is a way to resolve amicably I'm sure he will assist.

Best of luck with this ...

Holly

PS - do keep us posted on events

fbowisdom

I have now contacted Lee through CAG. So we'll see what happens. I am going to have to tell the poor vendors we were all set to buy from this weekend. I feel so guilty about letting them down, not to mention gutted for myself that is this isn't sorted soon someone else will be living where we thought we would be. I'll certainly let people know what happens.
Thanks again, everyone.
Cheers Holly for the ongoing support!