Vodafone - Just wouldn't send me a bill!

[mousewife]

Hello all,

Hope you can help.

In January 2006 I got an 18month mobile contract with Vodafone. All went well, received first bill, paid it by direct debit no problems.

However, the 2nd bill never arrived, Vodafone tried to take the money from my bank, it bounced (I transfer money from my high interest account to my bills account each month, but not receivng a bill meant i forgot about the Vodafone money) and the bank cancelled the Direct Debit.

I phoned Vodafone, they sent me a copy bill, promised they'd investigate why I hadn't received my bill, checked my address, etc, etc. I paid it over the phone.

Since then I have never received a bill from Vodafone, except occassionally a copy bill, usually when they had suspended outgoing calls. It came to be a regular pattern:

1 - suspended outgoing calls
2 - I call tell them I have never received a bill, they say they'll look into it, and send me a copy bill, reactivate my calls
3 - copy bill arrives (sometimes), I call up to pay, all is well.

This went on for 6 months and no matter what they couldn't sort the problem out. They insisted I went online to check my bill but I only got technical problems and never managed to view online. Clearly something in their database was screwed up.

Eventually, it got to the point where it was causing problems for my business because out of the blue I couldn't call customers or budget properly.

I wrote to them asking to get out of the contract as they were unable to send me bills, and to write off any outstanding balance as gesture of goodwill due to the disruption and loss of business.

They never wrote back but did call me offering a derisery sum off the balance. At the time my wife was 9 months pregnant and my mind was on other things so I didn't respond... a few questions:

1 - Could they have entered a default onto my credit file for the non payment (I haven't received a default notice but then again I never received any bills). If so could I get it removed or do I not stand a chance - do they legally have to send me a notice of default for it to be official?

2 - Do I have any legal recourse to stop them chasing me for the debt (or rather the debt collection company...can't remember their name)

Anyone had any similar experiences?

Thanks

Ben
(using my wifes account by the way hehe)

[buzby]

They have to send you a bill before they take the DD, so if they don't do it it is their problem as they are not complying with the DD scheme. Some Voda accounts can be viewed online, so is there a possibility your account is flagged in this way?

I really doubt you cna walk away from your contract because of this, yoiu use the phone and each month a bill should be anticipated, just because it doesn;t arrive doesn't mean you have no liability because of its non-arrival. There can be problems when a neighbour is also receiving invoices and he gets both envelopes.

As to a default, well if you don't pay what is a monthly cost, the 'grey' data of the delay in receiving payment will be added to your credit file. If you do stop paying, it will be flagged as such. As your contract isn't regulated under the DCA, no formal letter is required. If you pay your contracted amount and give notice of cancellation after 12/18 months, you can usually get the adverse data removed IF Vodafone have been having problerms invoicing and taking DD payments without prior notice.