Vodafone and discharged bankruptcy

A5h22

Literally pulling my hair out! 

Bankruptcy issued in 2016 and discharged in 2017. Vodafone were included in the bankruptcy but claim that there were a few payments after the bankruptcy was issued so they didn’t treat it as an insolvency account. Note that they never chased for payments. 

Been working hard on my credit and over the moon that the bankruptcy will drop off record this month. However, the Vodafone account is still showing in default and they refuse to close it down. The Official Receiver has confirmed that they need to action the account and backdate it to the time of the bankruptcy regardless of whether extra payments were made or not.

I’ve made it clear that I wasn’t aware of payments continuing and that if they were made then they have come from the overdraft facility on one of the accounts also included in the bankruptcy. 

I cannot for the life of me speak to anyone with any common sense and they all just repeat the note on the file “that payments were made after the order was issued”.

can anyone offer any advice? 

TIA 

ToxtethO'Grady

https://forums.moneysavingexpert.com/discussion/677875/credit-reference-file-clean-up-post-bankruptcy#latest

Have you followed the steps on the clean up discussion. You will probably need to raise a complaint and if they still say they won't change it you will need to go to the Information Commissioner.

A5h22

@Toxteth_OGrady thank you for your reply. I have apparently exhausted their “complaints procedure” or lack of complaints procedure. I requested that they issue me with a deadlock letter stating their final decision and to also provide details of when these extra payments were made and from what account.

I am advised that because the account is that old they can’t view that type of information 🤦🏻‍♀️. They’re basically trying to rely on something but are unable to support their decision which is wrong in any case.

I’ve not heard of the information commissioner before so I will look into this today. I have spoken to citizens advice and they have reported this issue to trading standards but I think I’ll have to take this down the legal route. 

Thank you

ToxtethO'Grady

Glad to help.

A little bit more advice based on your response.

You can also check out Debt Camel's webpage about defaults and the other page about when a default date should be if you haven't already. That maybe helpful with Vodafone ask them when the account defaulted as if there were a few payments after your BR and then they stopped, the default should be between 3-6 months after the last payment.You can ask them to change the default date to an earlier point and it will drop off then.

I don't know if you have already but you can go to CISAS who are the ombudsman for Vodafone without a deadlock letter if it is over 8 weeks and still not resolved from when you raised the complaint.

If CISAS has been tried and no joy then definitely go to the Information Commisioner.

sourcrates

Speaking on the phone about issues such as this is never recommended, as the dept. you need to be in touch with operate way above call centre level.

You put your concerns in writing to them, the fact payments were made after the bankruptcy order is neither here not there, insolvency/bankruptcy law supersedes anything Vodafone can throw at you.

By the way there is no legal route to default removal, either the company remove it of their own volition, or on the orders of the ombudsman, or it just sits there until its no longer reported.

A5h22

@Toxteth_OGrady @sourcrates thank you both for replying. 

It is like pulling teeth trying to speak to someone at a more senior level. I have literally spent hours liaising with Vodafone regarding this issue and there just seems to be a lack of customer service for this type of topic. They all seem to read from a script and apparently there is no one who can think outside the box.

I have been offered £100 compensation for the hassle this is causing which I rejected and I was then offered £150 which was also rejected. Offering compensation to me is a sign they know this isn’t right. 

I have spoken to Cisas and emailed the information commissioner. Just waiting to hear back. I also spoke to citizens advice who have reported Vodafone and this matter to trading standards. How can they be getting it so wrong