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Post by Etiquette on Mon Mar 25, 2019 9:55 am

Hi GoodF community!

I'm battling quite a few things at the minute and was hoping to get some help and advice from the community here, some parts are lengthy which I apologise for but I feel its important you get the full story in some situations.

Target 1:
Vodafone - Lowell Financial


So this account originally was supposed to be closed by Vodafone themselves. I was a lot more naive and younger at the time I took the contract out with them but to cut a long story short I started getting issues with signal in my area, called and complained idk how many times and they agreed to cancel my account for free with no charges on 2 separate phone calls. I then sold the device, they never asked for it back in any of the calls so I figured why not. This is where the naive part comes to light, I was foolish enough to leave the sim card in the phone, I assumed Vodafone would have cancelled it by the time of selling and shipping the phone (weeks and weeks after speaking and them agreeing to cancel) and I'd already switched with a new number to EE. Turns out they never did cancel it and whoever ended up with my sim card was somehow able to run up a £1,962 bill. I complained and fought with Vodafone so much before they passed it to a DCA, told them it was fraud, that it was ridiculous the account wasn't shut down, but I just got smarmy advisors saying that if I didn't receive anything in writing to say it had been cancelled I shouldn't of believed it was cancelled. I was 19 years old and was told by two people who I'd of thought the phone calls were recorded stating it would be shut down. Apparently Vodafone don't record all their calls? So I was told.

Months went by with no response until I get a letter from Lowell and its been an uphill battle since then. I told Lowell the same I told vodafone, about the fraud, etc. The account was put on hold for again months, I received a letter from Lowell saying Vodafone denies my claims and that the bill is true and valid or something along those lines, literally nothing from Vodafone themselves, no signed documents like asked, just a shabby letter put together from Lowell declaring Vodafone or their "client" agrees with them fully.

This was then passed to Lucas credit services, I proceeded with the 3 letter process and after Stage 2 they wrote to me saying they can't give me what I want and returned the account to Lowell.

I have now started the 3 letter process with Lowell, anything else I should be doing to fight this?!


Target 2:
Lowell - Vanquis £255 credit card debt


Started 3 letter process as of from 21-3-19 - Again any further advice if any on the best way to fight this would be amazing.

Target 3:
PayDay UK / The Money Shop - NOT MY DEBT, NO ACCOUNT FOUND WITH TMS.

So I have a account on my credit file to these guys for £683, yet i genuinely have no recollection of the debt, at all. I even called The money shop, spoke to a person who claimed to be from head operations and he confirmed I only had one account with them which was closed and settled in full years ago, theres no other accounts for this amount. I told him it was showing on my credit file and has been updated as a "late payment" every single month for the last 3 years.. its not defaulted once yet I've no idea how its there in the first place and apparently neither do the people who the debt is allegedly owed to? Any idea on how I go about getting this cleared up?

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Post by daveiron on Mon Mar 25, 2019 11:43 am

Hi, Welcome.

I am sure you now realise you should never communicate by phone . ALWAYS use recorded mail.

target 1 All I can suggest at the moment is send a Subject Access Request to Vodafone ,it should show
cancellation of contract.

Target 2. just carry on .

Target 3 Again send a SAR to them ,It will show all data they hold on you. You should then be able to get this removed
if you never had this account.
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Post by Etiquette on Mon Mar 25, 2019 12:37 pm

@daveiron wrote:Hi, Welcome.

I am sure you now realise you should never communicate by phone . ALWAYS use recorded mail.

target 1   All I can suggest at the moment is send a Subject Access Request to Vodafone ,it should show
cancellation of contract.

Target 2. just carry on .

Target 3 Again send a SAR to them ,It will show all data they hold on you. You should then be able to get this removed
if you never had this account.

Thanks so much for the reply.

Target 1 - Is there any other routes possible? Regarding the fact Vodafone have somehow allowed someone to rack up an unpaid bill of nearly £2,000 without stopping the account way before that limit was reached?

Target 2- No problem, will do.

Target 3 - Whats the process of getting it removed?

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Post by daveiron on Mon Mar 25, 2019 1:11 pm

I would submit the SAR's first to see what they come back with.
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Post by waylander62 on Mon Mar 25, 2019 1:59 pm

@daveiron wrote:I would submit the SAR's first to see what they come back with.

totally agree with Daveiron

1. the vodaphone issue sending a SAR is an absolute must, this should reveal a lot.

3. sending a SAR here is also an absolute must

2 i would also send a sar here too, but also carry on the process.

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Post by Etiquette on Mon Mar 25, 2019 2:57 pm

@daveiron wrote:I would submit the SAR's first to see what they come back with.

@waylander62 wrote:
@daveiron wrote:I would submit the SAR's first to see what they come back with.

totally agree with Daveiron

1. the vodaphone issue sending a SAR is an absolute must, this should reveal a lot.

3. sending a SAR here is also an absolute must

2 i would also send a sar here too, but also carry on the process.

could either of you be kind enough to point me where I can find a reliable source on how to submit an "SAR"?

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Post by Etiquette on Mon Mar 25, 2019 4:07 pm

I've got the SAR sent to Vodafone directly.

Just trying to draft an SAR for the Vanquis account unsure what to ask for?

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Post by daveiron on Mon Mar 25, 2019 5:06 pm

This is a Subject Access Data request ,under the Freedom of Information 2000.
Please supply any and all data you hold in relation to (enter your name) .

There is a long one in a thread on here ,but this is all I use as any and all means just that.
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Post by Etiquette on Wed Mar 27, 2019 9:34 am

@daveiron wrote:This is a Subject Access Data request ,under the Freedom of Information 2000.
Please supply any and all data you hold in relation to (enter your name) .

There is a long one in a thread on here ,but this is all I use as any and all means just that.

I've sent to Vodafone & Vanquis.

My worry is Vodafone claim to only keep recorded calls and account notes for 12 months, my account is several years old. Would this be easier taking to court than trying to battle with a DCA? Because I have no evidence of my claims because the OC has deleted all the information.

The other issue I have is how Vodafone were allowed to let an account run up a £1,900 debt without the account being disconnected before that point and how it isn't irresponsible lending to allow someone to incur that much debt with your company without any further background checks on the individual regarding their income, expenditure, etc.

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Post by waylander62 on Wed Mar 27, 2019 9:44 am

re vodaphone, i would wait and see what comes back from them first

If they have no records then there is no proof ? how has this debt accrued ?
where are the letters from vodaphone ? the monthly statements ?
get this info first then go from there.

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Post by Etiquette on Mon Apr 08, 2019 7:04 pm

@daveiron wrote:This is a Subject Access Data request ,under the Freedom of Information 2000.
Please supply any and all data you hold in relation to (enter your name) .

There is a long one in a thread on here ,but this is all I use as any and all means just that.

@waylander62 wrote:re vodaphone, i would wait and see what comes back from them first

If they have no records then there is no proof ? how has this debt accrued ?
where are the letters from vodaphone ? the monthly statements ?
get this info first then go from there.

Just giving you guys an update.

Lowell have gotten back to me as I sent a DSAR to them too, but they responded saying they are data controller and so thus don't need to provide me with the information I've asked for and have stated I would need to contact Vodafone which I've already done through their online system however I'm still waiting for Vodafone to contact me back.

Also had a reply regarding the account that has incorrect information regarding my DOB, etc. They've said they've received my DSAR request and will reply accordingly.

Another company responded to me too saying that because I've used "templates available freely online" that my letters have no legal basis and they "refute all claims".

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Post by Mrblue on Mon Apr 08, 2019 8:07 pm

If I had a pound for every time I got a letter saying my letters were template letters freely available online, I’d be a rich man! ;-) Guess what? THEIR letters are template letters. And - regardless - it matters NOT that we use template letters; it’s the CONTENT of our template letters that counts and the content is all perfectly reasonable and legal.

Always remember; as per English law, the burden of proof is always with the claimant - THEM - not you.. They have to do all the hard work... You just have to hold your nerve / stick to the process and watch them eventually give up and hassle some other poor soul ;-)
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Post by Etiquette on Thu Apr 11, 2019 6:57 pm

Lowell responded to me with the following:

Image:
Need ALOT of Help - Lots of Questions - Battling 4-5 companies at once 1aDgyc1

I'm about to send them letter 3 from tomorrow. Any advice regarding them stating that I have no business in asking for the deed of assignment? Apparently it contains information I'm not allowed to see, but under GDRP as far as I'm aware ANYTHING about me I'm entitled to see?

They've also responded to my Vodafone case (vodafone are still yet to contact me regarding the DSAR and my complaint sent to head office which I can confirm they've received via tracked delivery).

They basically stated that a service agreement isn't covered by the consumer credit act, I'm drafting something up regarding the fact that all though that may be true an original contract and terms of conditions would of been supplied at the time it was taken out but any further advice on how to combat that?

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Post by waylander62 on Thu Apr 11, 2019 9:02 pm

they always avoid at all costs providing the deed of assignment

i am not sure which of your debts this letter relates to ?

a service contract isn't covered by the CCA but you still require a copy of the agreement they now claim to own, i wouldnt get into an argument over the t & c's at this stage ask for a copy and leave it at that.

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Post by Etiquette on Fri Apr 12, 2019 8:13 am

Them denying to give me the deed of assignment is for a vanquis credit card, outstanding debt is £255.

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