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    • https://www.consumeractiongroup.co.uk/topic/406231-the-pre-action-protocol-for-debt-claims-is-made-by-the-master-of-the-rolls-as-head-of-civil-justice-1st-oct-2017/#comment-5145126  
    • Quick update. I've now recieved a letter before action from them with a PAP form to return enclosed, still no credit agreement however. I assume just a case of following the PAP thread and returning form with no CCA as the reason?
    • Thanks for coming back and letting us know. Obviously we totally disagree with their decision.  Their remortgaging could only have gone wrong if they had ended up with a CCJ.  And how do you get a CCJ?  If you lose in court and then defy the court and don't pay.  Even if you lose in court, you don't get a CCJ as long as you pay within the 30 days ordered by the court.  Even had they lost in court the judge would have disallowed the interest and the £70 Unicorn Food Tax that PE made up.  There was no advantage whatsoever for giving in and paying now. But thanks to you for letting us know - a hell of a lot of users don't.
    • Hi everyone.   Before I say anything, TFL finally responded to the email I sent last week:   Thank you for your email, we acknowledge the signed documents you have returned in preparation for your hearing.   We note that this matter is causing you some stress and anxiety, however this is not a reason for TfL to discontinue proceedings. It is not unusual for passengers that have been summonsed to court to experience these symptoms, and we do have some empathy with your concerns.   However, as previously stated, TfL do not accept out of court settlements, and you will have the opportunity at your hearing, to provide your mitigation to the court prior to a decision being reached by them on how they intend to deal with this matter (usually a fine).   I am sorry that this decision is not more favourable.   Yours sincerely   James Vallis     At least he sounds more sympathetic in this email…   Only one week to go until the court hearing and I am so so nervous. I’ve prepared some questions and answers in preparation for what to say to the magistrate. It will help calm me down if I know roughly what to expect. If you could give feedback on it that would be great. If you have anything to add please do let me know.   As far as I know the court hearing will happen in these stages: Introduction and statement of facts Pleading guilty for the journeys I made with my mother’s card Penalty sentencing Appeal (if charged with a criminal record)   Am I guilty? Yes.   Why did I not pay the fare legally? Last year there was a lot going on in my life and I was struggling financially so to relieve some of this I used my mother’s Oyster card. I know it’s not an excuse and it’s still wrong.   Why do I not accept a criminal record? I really don’t want it to affect my chances of finding a job in the future. I will be the one earning money in my family so I am doing my best and studying hard to be able to get a good job. A criminal record would mean that regardless of how hard I’m working I won’t get the job I want after I graduate. This fills me with so much regret, sadness and disappointment in myself. I just want to be a good daughter for my mother because she’s already had to deal with many hardships in her life and I don’t want to make it any harder for her.
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Vodafone GDPR breach


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My mother has a phone contract with Vodafone, she's nearly at the end of the agreement and she would like to cancel it as she has no interest entering into another.

 

She called them to cancel and to pay off any remaining amounts, however they cannot access her account because the main account holders name has been changed, nobody knows anything about this, the name in question is an Arabic name that nobody can pronounce for a start.

 

Vodafone have essentially been useless and unhelpful, we're concerned that her personal data has been compromised, surely this is a breach of the General Data Protection Regulations? Not only has someone accessed her account, they've changed the name on it.

 

Vodafone are still collecting her direct debits and recording her payment history with the credit reference agencies, yet she cannot cancel as per the terms of her agreement.

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Oooo Vodafone you do grind my gears.

Go check her CRA - See if the name has been updated on the account with all 3 CRAs...

 

There's been no changes on any of the credit reference agencies, Vodafone are still recording her payments in her name.

 

It's really annoying, she has around 3 months left and just wants to pay up and leave, yet she can't because they won't let her into her account, she's never consented to any name changes on the account at any juncture.

 

Vodafones stance is that "they cannot do anything unless they speak to the account holder", as far as she's concerned, she's always been the account holder.

 

She invoked her right to cancel by giving them in writing 30 days notice to leave (as per the terms and conditions), they're yet to respond.

 

Nothing is ever easy with this company.

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or stop paying totally

charges to end of contract are unlawful and unfair under Ofcom rules

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ask for written confirmation that she hasn't got an account with Vodafone, then cancel the dd.

If they take her to court they'll never win and most likely would withdraw before the court day.

However she'd lose her telephone number when they cut the service and they might even block the phone, accordingly to the contract.

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  • 2 weeks later...
My mother has a phone contract with Vodafone, she's nearly at the end of the agreement and she would like to cancel it as she has no interest entering into another.

 

She called them to cancel and to pay off any remaining amounts, however they cannot access her account because the main account holders name has been changed, nobody knows anything about this, the name in question is an Arabic name that nobody can pronounce for a start.

 

Vodafone have essentially been useless and unhelpful, we're concerned that her personal data has been compromised, surely this is a breach of the General Data Protection Regulations? Not only has someone accessed her account, they've changed the name on it.

 

Vodafone are still collecting her direct debits and recording her payment history with the credit reference agencies, yet she cannot cancel as per the terms of her agreement.

 

 

 

 

This is easier to deal with than you think. Look on the vodafone website or call them and request details of their data protection officer.

 

 

 

Then write or email their DPO and excersize your right of access (Article 15) under the GDPR. Request copies of all your personal information, notes on the account , recorded calls (The clincher usually) etc.

 

 

When you write to them you need to enclose copies of anything you have that proves who you are and your claim to the account like one of their bills or agreement that bares your mobile number and the account number etc..

 

You dont have to mention why you want the info and you dont need to include all the back story. Keep it short to making the request and proving who you are.

 

 

 

Something like;

 

 

I am making a subject data access request and require true and faithful copies of all the data on my account, including but not limited to notes and recorded telephone calls etc.

 

 

 

They will have 30 days to comply with this request. Hopefully somewhere in what arrives will be details of when your name was changed on the account and then bingo you have them.

 

 

If someone else has been able to access your account and managed to change details without your authority you can challenge vodafone that they didn't do sufficient checks to safeguard "your" security. If they changed the name by mistake for example accessed "your" account by mistake instead of the person who had called in and had a name change done then you have them here too.

 

 

Basically you should be able to challenge what ever they come back with. Then write to their DPO again and begin negotiations for an Article 82 claim, you're entitled to be compensated for the material or non material loss, In this case the inconvenience of having to go through all this just to get the mess sorted out. If there's time to run on the contract by the time you have gone through all of this then you could "let them off" by agreeing not to pursue if they cancel the agreement without payment. Personally I'd start of with £500 compensation and see what they come back with. If they wont play ball at all report them to the ICO, its a really easy process and the casework team are very well balanced individuals who do not deceive easily. I doubt they will take kindly to this sort of thing. Even if the contract is over by then I'd still go for it.

 

 

 

I personally wouldn't bother with Ofcom its a lengthy process and a lot of back and forth.

 

 

 

The key is being able to prove it is your account with your bills and making the subject data access request to the DPO everything else after that should run smoothly as you're bypassing customer services who cannot go off script to deal with the real world problems.

 

 

Stick at it you'll get something out of it even if its a token gesture to dissuade you from going to the ICO.

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just click SAR

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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