Vodafone Default and additional charges added to debt by DCA

[matty_choo]

Re: Vodafone Default and additional charges added to debt by DCA

Well the OFT guidelines on debt collection are just that, guidelines - they are not statute nor binding.

Sadly, as previously mentioned - you need to look at a bigger offer to have any real fight, failing that just don't pay and ignore them and see out the term till it drops off your credit file.

I dunno but the last thing I want is to leave you with a feeling you might win, when from experience I can't see how unless they just feel generous.

Yeah, that's ok.

Would they not then take me to court if I didn't pay though? The last thing I want is a CCJ when this will drop off in another 3 years.

[matty_choo]

Re: Vodafone Default and additional charges added to debt by DCA

As said, they are not legally binding. However, FOS and other industry ombudsmen are meant to take them into account when looking at fairness etc. So worth referencing to perhaps strengthen an existing case.

Thanks Rizzle. I'll bear this in mind when I (eventually) hear back from them.

[jon1965]

Re: Vodafone Default and additional charges added to debt by DCA

Matty
Unless Lee sorts this out for you and you do stop paying, even if they decide to serve papers on you your options are to try and negotiate a payment at that stage or if the debt is paid within 1 month of the CCj then it is wiped.

So on serving of papers you either
Defend all
Admit all
Admit some and defend some

[Never-In-Doubt]

Re: Vodafone Default and additional charges added to debt by DCA

Hi Niddy,

I was hoping you would come along... I know you're not being nasty and it makes sense what you are saying.

The only reason I was disputing the £100 charge was because of the OFT guidelines. It also, to me, seems totally excessive to be adding this charge onto a debt that was already being paid off - albeit by reduced payments - and on top of a £700 early termination fee. They're having a laugh!

I used the templates on this site to make a full and final settlement and offered £260 in two letters which were both declined.

I read your comments in another post about stopping payments and then renegotiating a settlement... Any advice on this please mate? Your help would be greatly appreciated!

I'd have to check the date on the default in the papers that I have got, but will have a look and update you.

I've already sent a complaint to FOS with regards to the DCA adding the charge added to the debt.

Hiya

Ok, so the problem is that within the OFT guidelines it does say a charge can be applied for servicing and management of the debt, and if the DCA did a transfer and trace (whether needed or not) this would be around £100 and is normal for most DCA's - rightly or wrongly, they will try and do it. Actual and necessary costs is usually what this comes under.

The FOS are spineless, I hold no regard to them or their mad decisions other than pure contempt. I wouldn't be holding your breath, that's for sure... But I hope they do find in your favour.

I personally would try and bully the DCA into submission. So to do this, can you help me out with the following (sorry if already mentioned - I may have missed it)..

1. Who is the FOS complaint in respect of?
2. Which DCA is annoying you/have you made an offer to?
3. When is the default date?
4. What amount did you originally owe and can you recall the term left on the contract prior to you missing the first payment?

Cheers

[CleverClogs (RIP)]

Re: Vodafone Default and additional charges added to debt by DCA

Would they not then take me to court if I didn't pay though? The last thing I want is a CCJ when this will drop off in another 3 years.

It might drop off your credit history in three years but, because you have been paying towards it, it would not become statute barred for six years.

Have you ever considered emigrating?

[Never-In-Doubt]

Re: Vodafone Default and additional charges added to debt by DCA

Cloggy

Emigrate

[matty_choo]

Re: Vodafone Default and additional charges added to debt by DCA

Hiya

Ok, so the problem is that within the OFT guidelines it does say a charge can be applied for servicing and management of the debt, and if the DCA did a transfer and trace (whether needed or not) this would be around £100 and is normal for most DCA's - rightly or wrongly, they will try and do it. Actual and necessary costs is usually what this comes under.

The FOS are spineless, I hold no regard to them or their mad decisions other than pure contempt. I wouldn't be holding your breath, that's for sure... But I hope they do find in your favour.

I personally would try and bully the DCA into submission. So to do this, can you help me out with the following (sorry if already mentioned - I may have missed it)..

1. Who is the FOS complaint in respect of?
2. Which DCA is annoying you/have you made an offer to?
3. When is the default date?
4. What amount did you originally owe and can you recall the term left on the contract prior to you missing the first payment?

Cheers

Hi Niddy,

The FOS complaint is in respect of Fredricksons with regards to the £100 charge and the full amount of my payments not being passed on to Vodafone.

The default date on my credit file is showing as 2nd May 2011, but I'm sure the date on the default letter they sent me was sometime in February 2011. I'll have a look through everything I have when I get home tonight and have a look.

I can't remember how long was left on the contracts but I'm sure I will be able to work it out if I have a look through everything I have. I'm pretty good for keeping important paperwork!

[matty_choo]

Re: Vodafone Default and additional charges added to debt by DCA

It might drop off your credit history in three years but, because you have been paying towards it, it would not become statute barred for six years.

Have you ever considered emigrating?

Lol... Unfortunately emigrating is not an option CleverClogs... Hahaha

[jon1965]

Re: Vodafone Default and additional charges added to debt by DCA

Maybe it's Cloggy who should emigrate. But we would miss him and his wit.

[matty_choo]

Re: Vodafone Default and additional charges added to debt by DCA

Right guys...

I've checked all paperwork and have the following to report.

My default letter from Vodafone was dated 23rd February 2011 with the amount of £701.24 showing on it.

The default date shown on my CRA file is 2nd May 2011 and for £673.

My final bill from Vodafone shows three contracts.

The first was started on the 21st August 2008 and had 0 months remianing at the date of default.

I had a 24 month iPhone contract started on 17th September 2010 which had 19 months remaining.

Finally, I had a mobile broadband dongle 24 month contract started on 10th September 2009 which had 7 months remaining.

Also, the default letter states the following...

Unless we receive payment in 14 days we may:

Instruct a debt collection agency to collect the payment on our behalf. If we do, you will have to pay additional fees of 15% of the original bill charges due to the costs incurred by us as a result of your breaking the terms of this agreement. This will not exceed £100 and the amount will be added to the debt by the agency managing your account on our behalf.

I thought the early termination charge would cover 'their costs incurred' and to me this is just pure greed!

Niddy, I like the sound of bullying the DCA into submission. What action would you suggest I take next?