Default on Credit Report due to Vodaphone - no default sent

Superherogirl

I have a default on my credit report due to Vodaphone. It was for a mobile phone account that was taken out in my name years ago, when I started a new relationship my new partner put the account under his main account and paid it for several years. When we split up, he stopped paying, but kept the phone. I moved and did not think anymore about it. I did not release that the original contract was still in my name, my partner had told me that the account had been put in his name. Vodaphone confirmed that the payments had been paid by him for several years.

A few years ago and several after we had split up, a debt collection agency contacted me at my home via a letter, threatening court actionregarding Vodaphone. I paid the amount due immediately for £130 pounds as I was so worried and concerned and then tried for months to get Vodaphone and the debt collection agency to explain what it was for. They couldnt care less as I had paid the debt. I did ask that they mark the account as settled. Unbeknownst to me during the period after I paid the debt Vodaphone, put the account on my credit file and all the missed payments. Marked it as defaulted and then settled. Eventhough it hadnt been on my credit file before I made the payment. I only knew my credit rating had been affected when I was refused credit and I set up an account on Experian.

I had the history of all of the saga prior to me paying the debt confirmed by the Vodaphone complaint rep on this site. As I was trying to piece it together and couldnt - as the debt collectors didnt even know what mobile number it was for. However, I have now been told by a credit report expert that I should have received a true certified copy of the original default notice. I never received one. Perhaps Vodaphone can supply me with this as the last time we spoke they said all my files had been destroyed in a fire. Yes, a fire. Would have been better if they said the dog had eaten it...which makes it even more incredible that they know what happened prior to me paying the debt. When they have no papers or records to support this. Anyway, I cant get a mortgage due to this default and I would like someone from Vodaphone to send me the true certified copy of the original default notice or remove the default from my credit report... this has been going on for 3 years now.

Anyone have any suggestions. Or maybe the Vodaphone rep can help?

grumbler

I've read only the title, but AFAIK an obligatory default notice is stipulated by the Consumer Credit Act that doesn't apply to mobile contracts.

Anoneemoose

Superherogirl wrote: »

I have a default on my credit report due to Vodaphone. It was for a mobile phone account that was taken out in my name years ago, when I started a new relationship my new partner put the account under his main account and paid it for several years. When we split up, he stopped paying, but kept the phone. I moved and did not think anymore about it. I did not release that the original contract was still in my name, my partner had told me that the account had been put in his name. Vodaphone confirmed that the payments had been paid by him for several years.

A few years ago and several after we had split up, a debt collection agency contacted me at my home via a letter, threatening court actionregarding Vodaphone. I paid the amount due immediately for £130 pounds as I was so worried and concerned and then tried for months to get Vodaphone and the debt collection agency to explain what it was for. They couldnt care less as I had paid the debt. I did ask that they mark the account as settled. Unbeknownst to me during the period after I paid the debt Vodaphone, put the account on my credit file and all the missed payments. Marked it as defaulted and then settled. Eventhough it hadnt been on my credit file before I made the payment. I only knew my credit rating had been affected when I was refused credit and I set up an account on Experian.

I had the history of all of the saga prior to me paying the debt confirmed by the Vodaphone complaint rep on this site. As I was trying to piece it together and couldnt - as the debt collectors didnt even know what mobile number it was for. However, I have now been told by a credit report expert that I should have received a true certified copy of the original default notice. I never received one. Perhaps Vodaphone can supply me with this as the last time we spoke they said all my files had been destroyed in a fire. Yes, a fire. Would have been better if they said the dog had eaten it...which makes it even more incredible that they know what happened prior to me paying the debt. When they have no papers or records to support this. Anyway, I cant get a mortgage due to this default and I would like someone from Vodaphone to send me the true certified copy of the original default notice or remove the default from my credit report... this has been going on for 3 years now.

Anyone have any suggestions. Or maybe the Vodaphone rep can help?

Not sure about the other bits but (I believe) mobile contracts are not governed by the consumer credit act (CCA) therefore are not obliged to send out default notices.

If the account was originally yours, then t&c's possibly would have explained this. In regards to payments - it is irrelevant whose bank they come from, if you are the registered account holder, you are fully liable.

If you had requested and had proof that the account was officially transferred into someone else's name before the late payments and default, then you may have a case. If not, I think you're stuck.

Anoneemoose

grumbler wrote: »

I've read only the title, but AFAIK an obligatory default notice is stipulated by the Consumer Credit Act that doesn't apply to mobile contracts.

Hey, we agree for once!

Superherogirl

When this all came to light. I contacted my ex partner and he told me that he did transfer the account into his name. But Vodaphone are saying that their records are missing. My ex partner offered to speak to them but they refused. They said the records were in a fire??? so they said the proof is on me to prove otherwise. Its not a great situation as my ex partner says he was paying for the account and it was under his group of mobiles as he had over 5 mobiles. 1 for me and 3 for his children and his. When we split up he and I moved. He said he stopped paying mine. But they tracked me down as he went abroad and had no forwarding address.

grumbler

Superherogirl wrote: »

I contacted my ex partner and he told me that he did transfer the account into his name.

It takes two customers to transfer a contract. He cannot transfer your contract without you taking part in the process.

Anoneemoose

grumbler wrote: »

It takes two customers to transfer a contract. He cannot transfer your contract without you taking part in the process.

I second this. There is no way they would transfer an account from one persons name to another without seeking authorisation from both parties.

It sounds like the default is correct and really it was up to get official confirmation that you were no longer liable. If you didn't then I am afraid there isn't a lot you can do. When was the default registered? It may not be too long before it is no longer there.

Silk

Superherogirl wrote: »

When this all came to light. I contacted my ex partner and he told me that he did transfer the account into his name. But Vodaphone are saying that their records are missing. My ex partner offered to speak to them but they refused. They said the records were in a fire??? so they said the proof is on me to prove otherwise. Its not a great situation as my ex partner says he was paying for the account and it was under his group of mobiles as he had over 5 mobiles. 1 for me and 3 for his children and his. When we split up he and I moved. He said he stopped paying mine. But they tracked me down as he went abroad and had no forwarding address.

The story doesn't stack up ......... when you first posted you denied any knowledge of the phone and number and said the contract was taken out by your ex before you even met.
How can you now claim you had the phone.

Superherogirl wrote: »

Vodaphone have logged a default against me for a phone that an ex took out before we even met. I was married and living at another address!! when the contract started, I have evidence of this. I didnt even know the mobile number when I got the debt collectors letter and it took a further 5 months to get details of the debt. As I had no idea what it was for. Once I had the mobile phone number, i got no where as I had no way of getting passed security as it wasnt my account. I hadnt set it up. I eventually did after contacting Vodaphone so many times I lost count...............................
I eventually contacted my ex and he even offered to speak to Vodaphone to confirm it was his contract and not mine. No-one was interested at Vodaphone.........................
. It was just my address that he used once we had met as we were living together for a period....................
i didnt take the account out, I never signed for it. So how can a debt be logged against me for soemthing I never sign or took out?

Then you go on to claim the phone had been taken out in your name and that at the time your partner took over the payments for you with his other phones untill you split up.

Superherogirl wrote: »

I have a default on my credit report due to Vodaphone. It was for a mobile phone account that was taken out in my name years before, when I started a new relationship my new partner put the account under his main account and paid it for several years. When we split up, he stopped paying, he kept the phone.

From what you've said you had a phone in your name which your partner paid for over several years. When you split up and he stopped paying the account would go into default. When the debt collectors caught up with you and you accepted the debt and cleared the amount the default will stay but show as paid

Superherogirl

When I was contacted regarding the debt the credit agency couldn't even give me the number. After many months I was eventually given the number by vodaphone after I had paid the debt. When I got all the information I contacted my ex as I assumed it was a number he had opened. It then turned out it was a number I had taken out years before. In my thread I didn't explain this very well. It didn't make sense then and doesn't make sense now. I appreciate the thread but I am confused. I perhaps haven't been clear. I hadn't used the number after we split for several years and I was given a new number when my account was being managed by him. They went back to the source account that was a different number. It has been a complicated saga. I thought he had opened it - turned out - he changed it. So at the time. I assumed he had opened it. It was a change by him not I. Vodaphone confirmed this. That's why it took so long.

Silk

Superherogirl wrote: »

When I was contacted regarding the debt the credit agency couldn't even give me the number. After many months I was eventually given the number by vodaphone after I had paid the debt. When I got all the information I contacted my ex as I assumed it was a number he had opened. It then turned out it was a number I had taken out years before. In my thread I didn't explain this very well. It didn't make sense then and doesn't make sense now. I appreciate the thread but I am confused. I perhaps haven't been clear. I hadn't used the number after we split for several years and I was given a new number when my account was being managed by him. They went back to the source account that was a different number. It has been a complicated saga. I thought he had opened it - turned out - he changed it. So at the time. I assumed he had opened it. It was a change by him not I. Vodaphone confirmed this. That's why it took so long.

That sounds like 2 seperate contracts to me hence the debt against the first contract

Vodafone

Hi Superherogirl,

I've just replied to you here.

Thanks,

Lee

Social Media Comms

Vodafone UK