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Dispute with Default

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  • Dispute with Default

    Hi All,
    I’m new to all this and have been trying to resolve the issue myself but it appears I am at deadlock with Vodafone and want to get advice on what my options are now, or if I don’t have any and admit defeat. The problem is pretty confusing and has had a lot of to and froing so I will try get all the details in with being as brief as possible
    I have been with my partner a number of years and are looking to purchase a property together. In April 2014 we signed up to Equifax, just to check our credit scores etc. as recommended by a financial advisor. We had done this previously in 2013 when we started saving and it turned up nothing, we both had excellent scores. Upon redoing this in 2014, we found a default from Vodafone had been placed against my partner with 3 warnings and a default for 2013, the first in March, then April, May and the default as June 2013.
    As my partner hadn’t been with Vodafone since August 2011, we assumed this was an error. Upon contacting Vodafone we were told the number had been reassigned and it was most likely an error and put on an historic account. We were told they would investigate and call back. They called and to tell us the information was correct and that he had defaulted on the account and that although he defaulted in 2011 it wasn’t registered until 2013.
    We checked back to 2011 through old bank records and found the bill from March 2011 had bounced, we spoke to Vodafone, they say my partner called upon it bouncing promising to pay later in March but no payment came through. They say they then didn’t receive any further payments or contact until July 2011 which was my partner emailed to cancel the contract. They explained an error on their system didn’t highlight the unpaid balance for the previous 5 months to anyone so the contract was cancelled in August 2011 with no mention of outstanding balance and no letters were sent chasing the money.
    With all this we noted he hadn’t paid and settled the debt, which I now regret as it lost any leverage we had. The main issue we had was that they had recorded the default in 2013 when they noticed the outstanding balance when the letters should have been done in 2011. In our opinion if the balance had be pointed out on cancellation it would have been paid, also if their computer glitch hadn’t occurred and the letters had been sent appropriately in 2011 we would have noted the outstanding balance and the gravity of the warning letters what the default implications could be and would have paid before it even reached this stage.
    My partner moved address from the one Vodafone have in August 2012, he then had a redirection on all post for 6 months until February 2013, as no correspondence was made he didn’t know to change his address with them or that they would need to contact him in the future.
    My partner has asked the owners of the house who explained they can’t recall receiving any post for him since he mover but had received junk for his parents which was sent return to sender, they explained if anything had been sent it would have been returned with no longer at this address.
    We applied for Subject Access Request, asking for any correspondence on his account asking for payment between cancelation August 2011 to when default was placed in August 2013. Copy of missed payments warning letters and a Copy of default notice for his account.


    To which they didn’t send us any of these but sent me a disc with the record of calls and cancellation in 2011 with then a gap up to 2014 with no correspondence till we contacted them upon discovering the default. With the disc though they noted that the balance had been put on ‘permanent hold’ in error when my partner promised to pay in March 2011, they said a computer mistake had caused the permanent hold to remain when all further payments were missed and not flagged. They apologised and said it should have gone to the debt agency in 2011, and when the mistake was noted in 2013 it followed procedure and sent it to the debt agency. As apology they said they had moved the default to the appropriate dates in 2011 when it should have been recorded and sent.
    Surprised they moved the default to 2011, I responded thanking them for this but explained it wasn’t good enough as if they had sent the letters correctly in 2011 a default wouldn’t have been recorded as we would have paid. By their mistake they took the opportunity for us to solve the issue at the time and a default would not occur. Also I wanted to see copies of the default as I didn’t believe they had been sent and if they could not provide these we expected the default to be removed from my partners file as procedure hadn’t been followed.
    Their response was to explain as he promised to pay in March 2011 he was aware of that bill and that is why the collection was held, they had done their part by rectifying the date to 2011 rather than 2013.

    I have sent 3 subsequent letters all of which I have not had responses to, all were sent recorded signed for delivery so I know they have been received.

    I’m hoping someone may be able to tell me if I could go to the ombudsman or whoever I’m meant to go to as I don’t believe Vodafone have done this correctly and they are aware I never received the defaults.

    Hoping someone can help, sorry if it’s a bit complicated, please feel free to ask any questions, I also have all correspondance electronically.
    Tags: None

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