Vodafone Reporting Indefinite Monthly Missed Payments For Over 6 Years

bert130680

I took out a contract with Vodafone in October 2019 and paid £149 by debit card in store for the initial setup fees.

The relationship broke down due to personal factors and bereavement grief and no further payments were made.

In November 2019 Vodafone suspended the account due to non payment. They subsequently sent an email from their fraud department in December 2019 that suggested they were going to treat it as fraud due to no payment payments ever being made and report to CIFAS.

In January 2020 I started to get emails from Ardent Credit Services who appear to be a separate debt collection agency. I emailed them back and made them aware of my situation and also sent a copy of my brother’s death certificate. I said I would make payment within 6 weeks when I receive money from my brothers estate. Ardent replied to say the account had now been passed back to Vodafone. In short there were issues with my brothers estate and I never paid the debt. Vodafone also stopped chasing me for it.

Vodafone have been reporting indefinite missed monthly payments on my credit file since the start of this and are still continuing to do so despite it being over 6 years since any contact or acknowledgment was made. Should this debt have now become statute barred? And should it have dropped off my credit file reporting?

According to ICO guidelines Vodafone should have issued a default 3 to 6 months after the relationship broke down which would have now dropped off 6 years later but instead they have continued to report monthly missed payments which is unfair reporting.

My concern is I am worried that if I wake this situation up they will try and go down the fraud route again and log a CIFAS marker. To my knowledge they never did at the start unless it was applied and I have never known. Would it be better to raise a correction dispute directly with the credit reference agencies?

I am trying to repair my credit file at present and don’t know the best way to go about it. I called Vodafone 3 days ago to try and setup an TTP instalment plan and they said the account is in 'internal write off' and will probably be sold to a Debt Collection Agency called Lowell in due course. I asked how long it has been in this status and they said since 2020. So basically they wouldn’t let me setup a monthly payment arrangement and couldn't tell me if/when it will go to Lowell. I also updated my address on this phone call as they had an old one so any new correspondence moving forwards will be received.

I have also considered raising a complaint with Vodafone and/or raising an error reporting correction request with the 3 main DCA’s.

Chat GPT has suggested sending the following context to Experian, Equifax and TransUnion:-

This Vodafone/Lowell account has been in continuous arrears for over 6 years without a default notice. Under ICO guidance, a default should have been registered 3–6 months after the initial breach. I request that the account history be corrected to show a default date of [Month/Year of your 3rd missed payment], which means this entry is over 6 years old and must be entirely removed from my file.

I understand if the debt is statute barred then Vodafone cannot take any further legal action but the debt can still be chased by them or a company they sell the debt to. To my knowledge, to date they have never issued a default, CCJ or logged any CIFAS markers against me.

My main worries at present are:-

1. Will Vodafone try and issue a late default and/or CCJ if I bring this situation to their attention now? And if it gets sold to Lowell could they issue a fresh default and/or CCJ?
   
2. Could they try and go down the fraud route again and log a CIFAS marker which could close my bank account? (Other forum advice says this is highly unlikely as they would have done it at the time in 2020 and since then treated the account as a debt collection matter, not a fraud matter.
   
3. Am I best just paying the balance in full on my partners credit card then ask them to correct the inaccurate credit reporting as opposed to ‘fighting’ with them? In this scenario should I pay first or send a complaint

My main intention is to repair my credit file.

The screenshots below show the current credit reporting to Experian and also one from a few months back. Each month the oldest marker drops off and a new marker gets added which results in a rolling 6 year of missed payments.

Brie

That seems to suggest that the last payment was made in July 2020. If that was the case and you haven't admitted liability IN WRITING then the debt should now be statute barred. Possible it took the original debt agency until July 2020 to pass things back to Vodafone?

I would suggest that you send the statute barred letter and see what you get back. That paragraph you quote looks a good thing to include but without mention of Lowell as it's not with them at this point. Do not add anything that admits any liability for the debt.

I would NOT text or email them as that just gives them a easy way to communicate/harass you. I also would not ring them as there will be no proof easily available to you of anything they may say.

bert130680

https://forums.moneysavingexpert.com/discussion/comment/82090154#Comment_82090154

Hi there,

Thank you for your reply.

There have been no payments at all since late 2019.

I have now uploaded another picture of the Experian credit reporting from a few months back so you can see the rolling trend more easily. The CRA's only report 6 years of information.

Brie

@sourcrates - are you able to offer any help on this? this credit file reporting looks so wrong to me but I don't have an easy solution.

bert130680

I have drafted a letter which I may send via the complaint page on the portal which reads as follows:-

Dear Sir/Madam,

I am contacting you via Vodafone's complaints process because I believe this is the most appropriate way to ensure my account is reviewed by a member of your UK complaints team who has the authority to consider both the outstanding balance and the way the account has been reported to the credit reference agencies.

My intention is not simply to complain. Rather, I am hoping to reach a fair and amicable resolution to a longstanding matter that has remained unresolved for several years.

I would also like to make Vodafone aware that, during the period when this account fell into arrears, I was dealing with severe mental health difficulties following the deaths of both my brother and, shortly afterwards, my mother. These bereavements had a profound impact on my wellbeing and ability to manage my affairs.

I previously contacted Vodafone in early 2020, explained my circumstances and provided supporting documentation regarding my brother's death. I understand that these circumstances were noted on my account, and I appreciate the support that was offered at that time.

The account has now remained unresolved for several years and, as I understand it, has been in write-off status since 2020.

Whilst I acknowledge there remains an outstanding balance, I also have concerns regarding the way the account has been reported to the credit reference agencies.

The account fell into sustained arrears in early 2020. However, rather than recording a default at the point the relationship had clearly broken down, the account has instead continued to be reported with monthly missed payment markers for several years. I do not believe this accurately reflects the history of the account and I would be grateful if Vodafone would review the reporting.

In the interests of bringing this matter to a conclusion, I would like to ask whether Vodafone would be willing to consider either:

• a reduced full and final settlement; or
• if not, confirmation of the amount required to settle the balance in full.

If we are able to reach an agreement regarding settlement, I would also ask Vodafone to review the credit reporting to ensure it accurately reflects the true history of the account. If Vodafone concludes that a default should have been recorded, I ask that any default date reflects when the relationship actually broke down rather than any later administrative date. Alternatively, if Vodafone concludes that the continued reporting of monthly arrears is inaccurate, I ask that the reporting is corrected accordingly.

For completeness, I would also be grateful if you could confirm:

• whether Vodafone still owns the account or whether it has been assigned or sold to a third party;
• the current outstanding balance;
• whether the account remains in write-off status;
• and whether Vodafone would be prepared to accept a settlement in full and final satisfaction of the account.

My genuine wish is to resolve this matter constructively and fairly for both parties.

Thank you for taking the time to review my request. I look forward to hearing from you.

sourcrates

No, don`t send anything in writing just yet, because if its not yet passed the 6 year mark, that will re-start the limitation clock, and you really don`t want to do that.

The post above only shows missed payments, you say it never defaulted which is strange, although you may still have a statute barred argument, but don`t do anything for now.

bert130680

https://forums.moneysavingexpert.com/discussion/comment/82092116#Comment_82092116

And what about my worries concerning a CIFAS marker? I am worried because I haven't made any payments to date (bar the ininital £149 setup fee).

Can they not just decide to issue a CIFAS marker now if they review the account?

My thinking was if I just paid it then that will avoid a potential default, potential CCJ & potential CIFAS marker.

I was also considering submitting a SAR request but I don't to start a fight with Vodafone in case they do something in return.

My main goal is to fix my credit file, if its statute barred then it should just get removed. But then I am thinking of paying it also.

sourcrates

If their intention is to sell it to Lowell, as you were apparently told, then none of that is going to happen, they would not sell a potentially fraudulent debt as that would open up all kinds of problems for Lowell as well as themselves.

It appears Vodaphone have lost all interest in this account, its quite unlikely they will issue a CIFAS marker after almost 6 years, you can complain if you wish, but then you will be risking liability for the debt, and honestly, Vodaphone's customer service is about as abysmal as it gets, but its up to you.

bert130680

So what do you recommend I do if my main intention is to repair my credit file? Maybe just wait it out a little longer? Would you file a correction request to the 3 main CRA’s or just hold fire?

When I spoke with Vodafone they said it’s been in write off status since early 2020, if it’s going to get sold to Lowell shouldn’t this have happened by now?

Can Lowell issue a default if they buy it?