Patricia Pearl - Small Claims Procedure - A Practical Guide


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BAILIFFS - The Law and Your Rights

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  1. #1
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    Angry Mobile stolen abroad, thief ran up huge bill.

    Hello

    Had my mobile stolen abroad recently, when I was pickpocketed.

    I reported it to the relevant authorities immediately in Brussels and phoned vodafoneicon immediately on my return to the UK the next day to cancel the phone.

    I have now been sent a phenomenal bill by vodafoneicon.

    Am I liable to pay any of this bill? As phone callsicon aren't itemised anymore, I don't know how much of the bill is pre-cancelling my phone and how much is post-cancelling it. Have tried to get this info from customer services, but they disappear off the line for so long to go and check and then my call is terminated before tehy return.

    Can I make Vodafone with all their billions, write off the whole of this debt? What is the best approach if anyone has been here before?

    Ultimately, I reported it to the relevant authorities the minute I knew it was stolen.

    I was in Belgium for an operation and had no internet access or anything similar, nor was I in a fit state to do anything further than contact the Belgian police while recovering from anaesthetic. I had no idea what Vodafone's number was abroad, and trying to make my self understood to other people in what I was trying to do was hard enough even with the Police out there.

    Help!!

    What do I do?

    Many thanks...

    221b

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  2. #2
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    Default Re: Mobile stolen abroad, thief ran up huge bill.

    You will be liable for the calls as you didn't report it to vodafoneicon, so they couldn't have blocked your phone as they didn't know it had been stolen.

    You could ask for an itemised bill, but I would imagine this would just confirm that the calls were made up to the time you contacted them, at which point they would have blocked it.

    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.


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  3. #3
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    Default Re: Mobile stolen abroad, thief ran up huge bill.

    Why are your call not itemised anymore? I'm on 3 and mine are!

    I QUESTION THEREFORE I AM!!

    Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you!


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    Default Re: Mobile stolen abroad, thief ran up huge bill.

    vodafoneicon have stopped itemising them - ironically my bills have been £30 a month more since!

    I think everyone is right you cant ask them to write off the bill if they didnt know the phone was stolen, maybe write to them and explain the situation and see if they can compromise...do you have insurance - as you reported it to the police you may be covered with that

    People who haven't made mistakes, haven't made anything!


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    Default Re: Mobile stolen abroad, thief ran up huge bill.

    Also, as a seperate issue I would be demanding itemised bills as a matter of course or else how do you know what you're being charged for?

    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.


    "Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)



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  6. #6
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    Default Re: Mobile stolen abroad, thief ran up huge bill.

    i think you can at cost they took it off as standard

    People who haven't made mistakes, haven't made anything!


  7. #7
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    Default Re: Mobile stolen abroad, thief ran up huge bill.

    So they charge you to tell you how much they are charging you?

    What an idiotic system!

    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.


    "Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)



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  8. #8
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    Default Re: Mobile stolen abroad, thief ran up huge bill.

    thats vodafoneicon for you

    they used to then they just stopped - i get a one page bill now saying Calls, texts & Data and vat and a total for each...

    People who haven't made mistakes, haven't made anything!


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    Default Re: Mobile stolen abroad, thief ran up huge bill.

    ...i was on the phone to Voda as i typed - they told me as i have registered online i can view itemised stuff there - they just post a summary to inform me of how much i owe - have cheacked and sure enough its online - try there under my vodafoneicon!

    People who haven't made mistakes, haven't made anything!


  10. #10
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    Default Re: Mobile stolen abroad, thief ran up huge bill.

    Quote Originally Posted by cillitbanger
    Why are your call not itemised anymore? I'm on 3 and mine are!
    I'm not sure; they've stopped doing it for some reason...

    Have been with vodafoneicon for 7 years now and have been a very good customer of theirs. Do you think that this would count for anything?

    Can I threaten to leave them?

    Clutching at straws slightly as I don't know what else to do and I can't afford the massive bill - my bills never go above £40 absolute max, usually low £30s and suddenly it's hit a massive hike into the hundreds I imagine for the first time in 7 years and while my phone was abroad (I got cut off just as Customer Service were giving me the worst, but they asked if I was sitting down, so I guess it's pretty hideous)

    If this were a credit card company, they would do a security check immediately there was abnormal use on the card, especially abroad....

    Any further suggestions?

    Thanks in advance...

    221b


  11. #11
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    Default Re: Mobile stolen abroad, thief ran up huge bill.

    The bill is over £1,700!!!!!!!!!!!!!

    Surely vodafoneicon have a duty of care to me to have put a bar on this phone when the calls were this high in the space of 16 hours!!

    I am extremely upset about this as I have absolutely no means to pay this astronomical bill.

    Please, if you have any advice, please share it with me.

    I am very frightened by this situation.

    Thanks.

    221b


  12. #12
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    Default Re: Mobile stolen abroad, thief ran up huge bill.

    OOOh - that big? They're anti fraud software should have kicked in LONG before it got to that amount. They are within their rights to a degree (which is why theft insurance is useful - not for the phone, but the risk of being billed). Against this is why was your handset not PIN locked? This too protects you if the phone is switched off then back on - anyone reading this would be well advised to enter and activate a PIN 1 to prevent this happening.

    Back at vodafoneicon, I think they need to explain why the phone wasn't blocked for unusual calling patterns before they acted on your phone stolen call.


  13. #13
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    Unhappy Re: Mobile stolen abroad, thief ran up huge bill.

    Thanks Okonski

    My phone is PIN locked, just it was fully blinking charged when I had it nicked and they obviously didn't switch it off, just kept on phoning or downloading or buying porn or whatever it was.

    Criminy, how does one run up a bill that large in such a short space of time?

    I'm getting very tearful now as I'm frightened I'm going to be threatened with legal action or something awful, and I really just have no way of paying.

    I need my mobile for work as I'm self-employed - it's a bit of a lifeline for me and I can't be without it for that reason.

    I will use your anti-fraud argument; if anyone else has something that I might use as ammunition in my letter to vodafoneicon that I must write first thing tomorrow, then all contributions very gratefully received...

    221b


  14. #14
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    Default Re: Mobile stolen abroad, thief ran up huge bill.

    Bounce...


  15. #15
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    Default Re: Mobile stolen abroad, thief ran up huge bill.

    Console yourself that you did everything your reasonably could do under the circumstances, and - worst case scenario - you should not be forced to pay the full cost claimed (including roaming markups) due to the inequeties of charging. There IS room for the network to negotiate - especially by foregoing on their profit element. As to how the bill could reach that much, I'd estimate that the calls made whilst roamed would have been in the £300-400 ball park (exluding any revenue earning chatlines etc) once you get the itemised bill you'll be able to check this. If it was wall-to-wall premium nubers, ANY network should have had provisions in place to knock this phone off much earlier. The fact you were roaming triples the costs anyway. Providing you have been seen to have acted in good faith (SIM lock etc, calling once loss discovered) it would be difficult for any judge not to be sympathetic and decide accordingly. Negotiate hard based on the lax security on the network, and take it from there. Reasonable care is a two-way street!


  16. #16
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    Default Re: Mobile stolen abroad, thief ran up huge bill.

    Okonski, you are being so helpful to me, thank you...

    I actually had a thing called vodafoneicon Passport on my account which caps calls while roaming to 75p for up to an hour's call. Though I imagine your point about Premium Nos isn't covered by this.

    Because I have been ill recently, (I ws actually in Belgium for an operation), I'm currently on JSA of £57.45 a week, so you can imagine this elephantine bill is quite scary...

    I have done some research and rung vodafoneicon again this morning and a manager will call me back within 48 hours.

    Am going to try and get proof that I reported it as missing abroad and see if that counts for anything.

    Also am about to check if I am covered for liability on my household contents section of my insurance.

    Any further gems that occur to folk, greatly appreciated once more...

    Thank you for such a supportive site.

    221b


  17. #17
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    Default Re: Mobile stolen abroad, thief ran up huge bill.

    Many thanks for your appreciation (click the scales above to add to my reputation!). The fact you also were a Passport member should weigh heavily in your favour, as clearly you were doing all you could to act responsibly whilst away from the UK. Hopefully, the manager will take your concerns onboard and realise you didn't sell your handset for a quick £50 just to have someone else defraud them.

    As to your house insurance, the section that ypou need to look at is Public Liability, as the theft and its aftermath impacted on a third party (vodafoneicon). They still have a duty of care to you (as a network) and if it is found that your mobile was making premium calls to Belgian chatlines, clearly it wasn't you making them!).

    If you feel things are not going your way, do get back to me has I have a number of contacts in Newbury who might be able to assist you further, but it might not come to that!


  18. #18
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    Default Re: Mobile stolen abroad, thief ran up huge bill.

    I've checked my contents insuranceicon and there is a clause in the liability section that says the following:

    We will not indemnify you for any liability which you have assumed under contract and which would not otherwise have attached.

    Does this mean that as I have a contract with vodafoneicon that the insurers won’t cover my liability?

    I'm guessing it does.

    Hmmm...

    Have added to your reputation and given a glowing report!

    Thank you!

    221b


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    Default Re: Mobile stolen abroad, thief ran up huge bill.

    On the face of it, this would be correct *however* all cases are taken on their merits and the circumstances also help - the fact you went there for medical treatment, and not on a drunken orgy of the Belgian chocolate eaters appreciation society (!), it all helps. Taken in isolation, a £1,700 phone bill can make your pulse rate quicken somewhat, but the first thing is to see what vodafoneicon say, and after that plan accordingly. (I've been accused of being rather agressive in my pursuit of fairness for forum members, but I'd still like to know what their fraud prevention software was doing when your bill went over £500.. offline?). Hang in there!


  20. #20
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    Default Re: Mobile stolen abroad, thief ran up huge bill.

    Update...

    Have been fortunate to get some work away from home this week. While away, vodafoneicon have cut off my phone until I set up a payment plan to repay the £1,700 bill.

    Regarding their anti-fraud software, when I pressed them on it, apparantly they don't have such a thing! In fact, they only deigned to send me a text message when the bill reached £1,200 asking me to contact them, which was obviously completely pointless as the phone wasn't in my possession. It is not company policy to phone the phone owner, just to text them. Subsequently the bill continued to rocket to the dizzy heights of over £1,700 until I got back to the UK and reported it. I'm curious as to how high they would have let the bill get without freezing the account. Their security seems to be paper thin - I suppose it can be if you ultimately charge the phone owner, in fact, it could be said to be quite a nice little earner for them!

    Have asked if they can treat the two things as a separate matter - ie I'll wrangle over the £1,700 while still paying my regular monthly bill, but the manager I spoke to refused. And maintained that I will have to pay the entire amount.

    I've been told that the costs to vodafoneicon are minimal, as their main costs are linked to erecting masts in the first place and that once this is done it's all profit. Can someone say if that is correct? I don't want to walk on dodgy ground with this in my letter to Vodafone and Otelo (the Ombudsmanicon).

    If anyone has any insider information on Vodafone or has had a similar experience and is happy to share it, then please do so...

    Many thanks

    Helen



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