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Savanna
| 10-03-2009 11:45 AM |
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Joined: 10 Mar 2009 Posts: 1 | Vodafone lodged a default notice on my Equifax & Experian reports in October 2005 they say due to non-payment for 3 months. My vodadfone account was settled in February 2006. I vaguely remember there being a mix up with direct debits at the time. I wrote to Vodafone asking them to supply me with a copy of my agreement together with statement of my account & the signed true copy of the default notice. Vodafone have replied that as they are not regulated under the Consumer Credit Act 1974 they are not obliged to send me the documents I have requested. They say they are also obliged to report the default to the credit referencing agencies? Are they correct? Are they not obliged to furnish proof of the original default notice? And if they cannot do so, should they not have to remove the default? What recourse do I have in order to get this default removed? Should I contact a debt management company? Any advice is appreciated? |
| paladin | 11-03-2009 12:40 PM |
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Joined: 06 Jun 2007 Posts: 240 My Profile | Hi Savanna A mobile phone contract is not a consumer credit contract, therefore it is not regulated by the Consumer Credit Act 1974. So Vodafone are right not to supply you with your requested info. What you need to do is ask for a copy of your agreement using the Data Protection Act - a Subject Access Request, it will cost you £10 and they have 40 days to respond. However, are you saying that you were in default and now it is satisfied? If so Vodafone are perfectly entitled to register the default with the credit reference agencies. It can be amended though to say it has been satisfied if you have paid the outstanding amounts. P |
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kotsaris
| 03-06-2010 01:20 PM |
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Joined: 03 Jun 2010 Posts: 1 | As paladin already mentioned, "A mobile phone contract is not a consumer credit contract, therefore it is not regulated by the Consumer Credit Act 1974" but there was a contract in place between Vodafone Ltd and yourself and therefore Contract Law covers this. If there was a 'breach of contract' Vodafone Ltd was lawfully obliged to send notice of this breach, and to have given a reasonable amount of time for the breach to be remedied. If you don't remember receiving a 'Default' notice then clearly Vodafone Ltd has not followed the official guidelines set out by Contract Law and therefore the ‘Default' is unlawful and should be removed. |
