Hi all I had a copy of VF's acknowledgement of service in todays post. Basically confirms the 28 day extension and gives details of VF's solicitors (Riverview). It is also hand filled out by i assume the Solicitor that they intend to defend the claim in full. I wonder is this just a bit of posturing or do they really have a defence. Either way it'll be interesting to see what comes prior to the new deadline. I'm confident i have a reasonable POC in place but is there anything else i should now do in preparation for the next stage of this process? Thanks Shane

Below is the whole VF agreement that was issued to me on the 5th January 2010 - it was part of an email welcoming me with open arms to VF Pay Monthly Airtime Agreement Summary Terms and conditions If you have special needs we can provide you with terms and conditions, services and products geared towards such special needs (e.g. information or material in Braille, audio or large print). Please contact us to let us know which format you require. 1. Summary Your Agreement with us is made up of: (a) (b) © the Price Plan details including the minimum period notified to you or stated in your welcome pack; the Price Plan Terms applicable to your Price Plan (available from our retail stores and vodafone.co.uk); and the Pay Monthly Airtime terms and conditions. 2. What is this agreement for? This Agreement is for your SIM card and the minutes, texts, data and other services that you use. This Agreement does not cover the buying or maintenance of any mobile equipment that has also been provided to you. If your mobile equipment stops working, is lost or stolen, you must still keep to this Agreement and pay the monthly line rental charges until this Agreement has ended. If your mobile equipment is lost or stolen you are also required to pay for all other call and usage charges up to the time you tell us that it has been lost or stolen. 3. Length of this agreement This Agreement will usually last for at least the initial minimum period notified to you or stated in your welcome pack. You can end this Agreement: (a) (b) by giving us one calendar month's notice in writing or by email which will take effect after the end of your minimum period; or if one of the events in clause 11 occurs. If you receive an upgrade, you must enter into a new agreement for a further minimum period. 4. Charges We shall bill you monthly in advance for the line rental charge and other standard recurring charges unless we tell you otherwise. This means you have to pay the line rental charge and standard recurring charges for every month of this Agreement whether or not you use your SIM card. We may agree to accept payment by methods other than direct debit, but we will charge you an administration fee each month. 5. Vodafone's Network Services and Blocking of Services Services are not fault free and the quality and coverage may vary. When your SIM card is connected, you may be blocked from using it abroad or from making international or premium rate calls. We may agree to remove this block if you pay us a deposit. Charges for usage (both sending and receiving) whilst abroad is not covered by 'Inclusive Airtime', unless we tell you otherwise. Pay Monthly Airtime Terms and Conditions 1. Definitions of words used in this Agreement: "we", "our" or "us" means Vodafone Limited. "you" or "your" means the customer named on the order form or stated in your welcome letter. "Agreement" means these terms and conditions, your Price Plan Terms and Price Plan details. "Charges" means all charges for Services, as published in our Price Plan or otherwise available from us. These include the monthly line rental charge (billed in advance unless specified otherwise), the usage charges (billed after the usage) and any other charges in respect of the Services provided to you or someone using your Mobile Device or SIM card (e.g. charges for the voicemail service, itemised billing, etc., which will be billed as we shall advise). "Minimum Period" means an initial minimum period stated in the order form or in your welcome letter starting on the date of connection of your SIM card. "Mobile Device" means your mobile phone or other equipment and the SIM card used to access the Services. "Network" means the electronic communications systems used by us under which the Services are available in the UK. "Price Plan" means the package of Services you have chosen to receive as stated on the order form or in your welcome letter which is updated every so often and is available from us by requesting a copy from one of our retail stores, or by visiting our website. "Price Plan Terms" means the applicable terms and conditions for your Price Plan which are available from us by requesting a copy from one of our retail stores, or by visiting our website. "Services" means the communications service you receive via the Network and other services made available to you by us from time to time. 2. Length of this Agreement 2.1 2.2 Unless this Agreement is ended in accordance with clause 11, we will continue to supply you with, and charge you for, the Services. You must pay all Charges until this Agreement is ended in accordance with clause 11. If you end this Agreement before the end of the Minimum Period (other than under clause 11.2), you must still pay all the remaining line rentals for the rest of the Minimum Period (see clause 11.5 below). 3. Services and Coverage 3.1 3.2 We aim to provide you with the Services at all times, but due to the nature of mobile technology, it's impossible to provide a fault free service. We will use reasonable efforts to give you access to networks in other countries. We call this "roaming". Overseas networks may be limited in quality and coverage and access depends upon the arrangements between the foreign operators and the Network. Not all services may be available while abroad. 4. Use of the Services 4.1 4.2 4.3 4.4 You must keep to this Agreement and our instructions regarding the use of the Services. You are responsible for anyone who uses your Mobile Device. Your Mobile Device and/or the Services must not be used for any purpose we believe is abusive, objectionable, illegal, fraudulent, a nuisance or for criminal activities. You must not resell the whole or any part of the Services. We will allocate a number for use of your SIM card/Mobile Device on the Network. The number does not belong to you and we may charge you a fee to transfer your number to another service provider. 4.5 Any SIM card we provide to you remains our property. The software in the SIM card does not belong to you and is licensed to you for use with the Services only. We may change your SIM card or require you to return it at the end of this Agreement. If you need a replacement SIM card, we will charge you the price set out in our Price Plan at that time. 4.6 You may use the Services to access the Internet but we accept no responsibility for any content or services you may access. Unwanted programs or material may be downloaded from the Internet without your knowledge, which may give unauthorised persons access to your Mobile Device. 4.7 You must only use a Mobile Device which is lawfully approved for connection. 5. Payment 5.1 You must pay all Charges by direct debit within 14 days of the date of any bill. We may accept payment by methods other than direct debit, but we will charge you a fee each month. We will charge you VAT, where applicable. 5.2 If you owe us any money, which is not in dispute and is not paid when it should have been, we may charge you interest. Interest is charged daily at the rate of 2% above the base rate of Barclays Bank per year from time to time. We may also charge you reasonable administration costs incurred as a result of your late payment or non-payment of any money you owe us. 6. Loss of your Mobile Device 6.1 If your SIM card/Mobile Device is lost or stolen you must tell us as soon as possible so that we can prevent further use being made from it. You must pay for all Charges incurred until you tell us and you must continue to pay the line rental charges until this Agreement has ended as described in clause 2 or clause 11. 7. Variation of Charges and Terms 7.1 We may change our Charges and/or introduce new Charges from time to time. If we increase our Charges, we will give you at least 14 days' notice. If we believe any change in our Charges will not disadvantage you, it may be included without notice. 7.2 We can make changes to or withdraw Services at any time and we can make changes to and/or introduce new terms to this Agreement at any time. We will give you at least 30 days notice of these changes if we do and you may have a right to end this Agreement under clause 11, if we do. 7.3 We may need to change your phone number or other number from time to time. We will let you know if this is the case. 8. Call Limit, Deposit and Part Payments 8.1 We may set a limit on the amount of charges you may incur during each calendar month (we call this a "Call Limit"). We may agree to increase or remove the Call Limit after making credit checks. You may be able to exceed your Call Limit, but if this happens, you must pay all Charges. 8.2 We may ask you for a deposit: (a) on connection of your SIM card, (b) to increase or remove your Call Limit, © if you increase your use of the Services, and/or (d) to unblock your SIM card from contacting international numbers, using overseas networks or making premium rate calls. You can ask for a refund of your deposit at any time, but we may reduce your Call Limit if you do. We can use the deposit to pay off any charges you owe us. When this Agreement comes to an end, we will repay any deposit you have given us less any money you owe us. No interest is paid on any deposit we take from you. 8.3 If there is a significant increase in your usage between bills we may contact you. We may require a part payment to enable you to continue to use the Services. 9. Suspension of the Services 9.1 We can suspend or restrict your use of any of the Services (other than emergency services) if: a) b) c) d) e) f) g) we believe your Mobile Device or the Services is/are being used in a way not permitted by this Agreement; you have not kept to this Agreement (e.g. you fail to pay any Charges when due); we have requested a deposit or part payment which you have not paid; you exceed your Call Limit; we believe that this Agreement has been entered into fraudulently; we believe the right to use any number, Mobile Device or Services has been obtained in an unauthorised, unlawful, or fraudulent way; you notify us that your Mobile Device has been lost or stolen; h) you become bankrupt or make any arrangement with creditors or go into liquidation or become subject to an administration order or a receiver is appointed over any of your assets; i) j) you do anything (or allow anything to be done) which we think may damage or affect the operation of the Network; and/or required by the emergency services, law or regulation. 9.2 9.3 We will try to tell you when we suspend or restrict your use, but we are not required to. When we suspend or restrict your use this Agreement will continue and you still have to pay all Charges due during any period of suspension or restriction. 10. Credits for a Failure of Service You will receive a credit against your line rental charge if there is maintenance or technical failure of the Network and you are unable to use all of the Services for a continuous period of 3 days. The credit will represent the line rental charge for the period the Services were unavailable. 11. Ending this Agreement 11.1 Either of us may end this Agreement by giving the other 30 days prior notice in writing. Your notice must include your mobile number and the signature of the account holder. You must pay the Charges during the notice period. 11.2 You may end this Agreement by writing to us if: a) b) we don't do something fundamental that we should have done under this Agreement within 7 days of you asking us in writing; we tell you that there will be an increase the line rental charge by more than the increase in the Retail Prices Index ("RPI", calculated as a percentage) since the last line rental increase and you write to us before the increase takes effect; c) we increase your Charges in the UK which have the effect of increasing your total call and usage charges (based upon your usage in the previous month) by more than 10% and you write to us before the increase takes effect; or d) we change this Agreement to your significant disadvantage including the change or withdrawal of Services (we will tell you if this is the case) and you write to us within one month of us telling you about the change. This does not apply where the change relates to Services which can be cancelled without termination of this Agreement. 11.3 We may end this Agreement at any time by writing to you if: a) b) c) you do anything (or allow anything to be done) which we think may damage or affect the operation of the Network; within 7 days of us asking you in writing you do not do something fundamental that you have to do under this Agreement (e.g. pay the Charges when they are due); we are permanently unable to provide the Services to you. 11.4 When this Agreement comes to an end: a) b) c) we will disconnect your Mobile Device (which you may keep); you will have to pay immediately all Charges outstanding at disconnection; and if this Agreement ends before the end of the Minimum Period, you will have to pay us immediately in one lump sum the remaining line rentals for the rest of the Minimum Period. You will not have to pay us any further sums in respect of the Mobile Device or any of the other cancelled Services. 11.5 If this Agreement ends before the end of the Minimum Period and you pay us the remaining line rental for the rest of the Minimum Period in one lump sum, we will reduce this line rental payment at a rate determined by Vodafone from time to time and which is available on request. 12. Liability and Exclusions 12.1 We will be liable to you if our negligence causes death or personal injury. We will not be liable to you for loss of income, loss of use of the Services, lost business or missed opportunities, or for any loss or damage that is not directly caused by us and/ or was not reasonably foreseeable at the time this Agreement was entered into. We will not be liable to you if we are unable to provide the Services because of something outside of our reasonable control. 12.2 Except for fraud or where our negligence causes death or personal injury, our liability to you will not exceed £3,000 or 150% of the Charges in the previous 12 months, whichever is the higher, per claim or a series of related claims. 12.3 If you are a consumer, the terms of this Agreement will not affect any rights which you may have under any law and which cannot be excluded by agreement. 13. Personal Data 13.1 We and our group companies may use your information for complying with our legal requirements and for the following purposes: (a) (b) © (d) (e) account management, customer care activities and personnel training; monitoring the quality and security of the Network and testing and maintenance of our IT systems; protecting us, and our brand, from activities that might cause loss or damage; analysing and improving products and services; and to contact you with marketing messages where you have not objected. Such messages may include third party marketing, but Vodafone will not pass control of your information to third parties. You will receive a credit against your line rental charge if there is maintenance or technical failure of the Network and you are unable to use all of the Services for a continuous period of 3 days. The credit will represent the line rental charge for the period the Services were unavailable. 13.2 Monitoring or recording of calls, emails or text messages made to, or by us, may take place for our business purposes such as customer service, quality control and training, to prevent unauthorised use of our telecommunications system and to ensure effective systems operation and in order to prevent or detect crime. 13.3 13.4 We do not include your details in any directory or directory enquiry service. If you wish to have your information included in such services, you should contact us. Credit Reference & Fraud Agencies - Information about how your details are used for credit checking and for fraud prevention, is available at time of purchase. We will also disclose to credit reference agencies and fraud prevention agencies details of your agreement with us including any change of address, payments you make, account balances, payment defaults, disputes and queries. We, and other organisations, may use this information to help make decisions about other credit applications made by you or other members of your household with whom you are linked financially and to protect both our business and our customers from fraudulent activity. Any information we hold may also be used for debt tracing and claims assessments. In the event that you do not pay us in full and on time, we may tell credit reference agencies who will record the outstanding debt. 13.5 For further details on how we use your information, please refer to the Vodafone Privacy Policy on our website. If you want to contact us about any personal data issues please write to: Data Protection Manager, Vodafone Limited, Baird House, The Connection, Newbury, Berks RG14 2FN or email [email protected] 14. General 14.1 We may transfer this Agreement to anyone at any time. You may not transfer this Agreement to anyone unless we have agreed in writing beforehand. We shall not unreasonably refuse this request. No other person may benefit from this Agreement. 14.2 14.3 14.4 If neither of us enforce our rights under this Agreement it shall not prevent us from doing so later. When you use your Mobile Device, your number may be shown to the phone being called. Your number will always be sent if calling 999 or 112. We will send you notices by post, voicemail, text or other form of electronic message. Such notices will be deemed to be with you 48 hours after being sent. All bills and notices served by post will be sent to the address given by you. You must tell us of any changes to your address. You must send us notices by post or email to our address on the bill. Such notices will be deemed to be with us 48 hours after being sent. 14.5 This Agreement is under English law, unless: (i) you live in Scotland, in which case, it will be governed by Scots law, or (ii) you live in Northern Ireland, in which case it will be governed by the law of Northern Ireland. Price Plan Terms Your Connection 1. We will charge you line rental each month together with other charges according to your price plan. If your agreement starts mid-month we will charge you a proportionate amount of line rental for your first month. You will get a proportionate monthly allowance of minutes, texts and data for that month. 2. You may change your price plan to one with a higher monthly line rental charge at any time. You cannot do this more than once a month. If you change your price plan any unused minutes, texts or data included in your price plan will be lost. 3. Your monthly allowance of minutes and texts is for calls and texts to standard UK landlines (beginning 01, 02 and 03), Vodafone mobiles, voicemail and other mobile networks within the UK. Calls 4. All calls are charged per second and a one minute minimum call charge applies to calls which are not included in your monthly allowance. Our pricing information is on our website vodafone.co.uk 5. 6. We charge different rates if you call abroad from the UK depending on your price plan. We may change these prices from time to time. See vodafone.co.uk/international for details. When using Call Return (returning a call directly from within Vodafone Voicemail service when prompted), you will be charged the cost of calling your Vodafone Voicemail service and for your Call Return call (which is charged at your standard outgoing rate, less the cost of the initial voicemail call). The duration of any Call Return call will be taken from your monthly allowance. If you make a Call Return call to another mobile network any minutes you use will be taken from your monthly allowance. If your monthly allowance is used up you will incur an additional charge which is the difference between the cost of a call to another network and the cost of a call to a Vodafone mobile. 7. Any call you make that is not answered is free. We don't charge you for receiving calls unless you are abroad where you are charged for the international part of the call. Messages 8. A standard text message is 160 characters long. You can send longer ones on some handsets. A longer text is divided into the number of standard texts required to convey the message. Each text will be charged at the standard rate for your price plan. We do not guarantee delivery of any text or MMS message you send. 9. MMS and text messages which are reverse charged, premium rate, international or sent and received while you are abroad are not included in your monthly allowance so additional charges apply. 10. Using Vodafone MMS you can send long text messages, picture messages and video messages. The maximum size of an MMS is 300KB. If a message contains several media items you'll be charged for the most expensive item in the message. Please remember that not all handsets can send and receive MMS. Video Calls 11. Charges for video calls start when the called party accepts the call. If the call subsequently fails the call may still be subject to a minimum charge. Video calls on the Vodafone network are subject to Vodafone's 3G network coverage. Further information on 3G network coverage can be found at vodafone.co.uk/ukcoverage or at any Vodafone retail store. Data Access 12. 13. Data used outside your monthly allowance will be charged at the published rates for your price plan. This information can be found at the link set out below. If you are on an unrestricted data price plan or you have an unrestricted data bundle, you are permitted to use the mobile internet for: a. b. calls over the internet (voice over IP); and Peer to Peer Communication services. If you are on a restricted price plan without an unrestricted data bundle we will block access to these services, restrict network performance and /or charge you for this use at the full published rates as set out online at the link provided below. 14. If Vodafone Content Control prevents you from accessing any My Web, Vodafone live! or mobile internet page, or internet content, you will still incur a mobile browsing charge at your normal price plan rate for any data used in the attempt to view the content. 15. Access to Vodafone data services will be configured by default on your handset if you get it from Vodafone. You may be denied access to data services if you use a different configuration and we may charge you differently for the traffic generated on these attempts. Older handsets may be configured to make a phone call to access Vodafone Mobile Internet. These calls will be charged per minute at Vodafone's published rates. 16. For all our data pricing information please see vodafone.co.uk. Roaming 17. 18. If you haven't added a roaming package to your price plan, such as Vodafone Passport, you will be charged a roaming rate to call or send a text when you are abroad. Charges for premium rate and satellite calls will vary according to the cost charged by the foreign network operator and exchange rate fluctuations and include minimum charges. A network-handling fee will be applied to these calls. 19. If you haven't added a data roaming package to your price plan you will be charged Vodafone's published data roaming rates to access data abroad. We have divided the world into Zones and each Zone carries a different charge. We may change the Zones from time to time so before you travel please check the list of the countries in each Zone at the link below. 20. 21. Data transfer charges apply if you send or receive an MMS whilst you are abroad. The charges will vary depending upon the size of message. For more information on our roaming rates, Zones and Vodafone Passport terms and conditions see vodafone.co.uk/goingabroad General 22. More information about our call charges is available at vodafone.co.uk, in our price plan guide or by calling 191 from your mobile or 08700 77 66 55 from any other phone (charged at your telephone provider's published rate). 23. Prices and promotions are correct at time of going to press. For latest pricing information please see our website. We will tell you about all material price changes in line with the airtime terms and conditions. Any unused minutes, texts or data included in your price plan will not be rolled over to the following month. 24. Daily rates apply from midnight to midnight. If your use spans two calendar days, e.g. you start at 11.58pm Thursday and end at 00:10am Friday, the charge will typically fall into the first day's charging allowance. However, we cannot guarantee that this will be the case and you may be charged for two days use. 25. All Vodafone services offered free or under unlimited subscription are subject to our Fair Use Policy. If, in the reasonable opinion of Vodafone, your use is excessive, we may ask you to moderate your usage. If, after we have asked you to moderate your usage, you fail to do so, we reserve the right to: i. ii. iii. charge you for the excessive element of your usage at your price plan's standard rate; throttle your usage; or suspend or terminate your service in accordance with your airtime terms and conditions. 26. We will bill you in advance for the line rental charge and other standard recurring charges unless we tell you otherwise. You have to pay the line rental and other charges every month even if you do not use your SIM card. Itemised bills list all calls, data and messages made. If you choose to get itemised bills sent to you by post we may charge you for this service and we will notify you of this charge. 27. The total of all calls and other charges on your monthly bill is rounded down to the nearest penny and VAT added. Where you have two or more subscribers connected to a single billing account, the net of VAT charges are accumulated and VAT is calculated on the total sum. This total is then rounded down to the nearest whole penny. 28. In these terms references to UK always exclude the Isle of Man and the Channel Islands. Vodafone Stop The Clock 1. Vodafone Stop The Clock is available on both 12 and 18 month term contracts on an Anytime or Your Plan price plan. This can either be included in your monthly line rental fee or charged at £5 per month depending on your price plan. Vodafone Stop The Clock applies to all standard calls (Vodafone mobiles, other UK mobiles, or UK landlines with a geographic STD code) made within the United Kingdom (excluding the Isle of Man and the Channel Islands) that commence during our evening and weekend periods. All other calls are excluded - for example, calls to non-geographic numbers, such as 0845 numbers, premium rate numbers, video calls, data calls and Voicemail/Vodafone Mail calls including Call Return. 2. A call that starts during our evening and weekend periods but then continues into daytime hours will be charged from the point the daytime period begins, at the standard charge for your price plan for such calls. The first 3 minutes of a call that qualifies for Vodafone Stop The Clock will be deducted from your bundle or charged at the standard rate under your price plan for such a call as appropriate and then the next 57 minutes of that call are free. After this 57 minute period, if a call is still in progress the remainder of the call will be deducted from your bundle or charged at the standard rate under your price plan as appropriate. 3. If you start a call in a daytime period, which continues into an evening and weekend period, then Vodafone Stop The Clock will apply to the part of the call in the evening and weekend period, so that after 3 minutes of the evening and weekend period have elapsed the next 57 minutes of that call are free before charging starts again, if the call is still in progress. 4. 5. If your call is cut off for any reason and you need to redial, you will be treated as starting a new call. Vodafone Stop The Clock may only be used for private non-commercial use and is not for resale, nor for non-voice services. All usage is subject to Vodafone's fair use policy. If, in the reasonable opinion of Vodafone, your use is excessive, we may ask you to moderate your usage. If you then fail to do so, we reserve the right to charge you for the excessive element of your usage at your price plan's standard rate and / or to transfer you to the equivalent Anytime or Your Plan price plan without Vodafone Stop The Clock. If you have Vodafone Stop The Clock on your price plan then you cannot also have Vodafone Unlimited landline calls, Unlimited Vodafone-to-Vodafone calls and/or Vodafone Free Weekend calls. Vodafone Family 1. For the purpose of these terms and conditions, customers who form a Vodafone Family group are called 'Group Owners' and customers who are nominated as a member of a group are called 'Group Members' or 'Members'. 2. 3. 4. 5. 6. Vodafone Family is available in two group sizes. A group of 4 costs £5 per month. A group of 6 costs £7 per month. Pay monthly customers can become a Group Owner if they are on any consumer price plan launched on 1st May 2005 onwards. If you are connected to an ineligible price plan, you will need to migrate to an eligible price plan before being able to take advantage of this service. Customers billed by any Service Provider other than Vodafone Ltd are excluded from becoming a Group Owner or Group Member. Vodafone Family applies to voice calls to nominated Vodafone mobile phones within the relevant Vodafone Family group within the United Kingdom and Northern Ireland only and excludes roaming calls, video calls, calls to premium rate numbers, Vodafone Voicemail and all data transfers (including text messages). 7. Vodafone Family calls are free, anytime, for the first 60 minutes only. From the 60th minute onwards, the caller's normal price plan charges will apply. Customers with Vodafone Stop The Clock or Free Weekend calls promotions cannot benefit from these services after the 60-minute Vodafone Family call has expired. 8. In order to benefit, Group Owners must register for Vodafone Family. You can register in any Vodafone store or participating retailer, by visiting vodafone.co.uk/vodafonefamily, or by calling 34444. Once registered, your group will be able to call amongst themselves at no extra cost, once the group is activated, subject to these terms and conditions. Activation takes 2 hours. We will notify you and your Group Members once your group is active. 9. For contract customers the subscription fee for the service will be added to your bill. Should you register for or cancel the service mid-month, we will pro-rata the charge on your bill. Should you default on payment of your bill, we will suspend your group until you make payment. In the event that this happens, we will text you and your Group Members to inform them that they are now charged standard price plan rates. 10. 11. 12. Calls between Group Members will not use up any inclusive minutes included in Group Owners' or Members' price plans. Customers can belong to a maximum of 3 groups, including 1 as the Group Owner. We will inform your Group Members when they have been added to your group. We will not inform them who your other Group Members are. It is your responsibility to inform them who the other Group Members are. 13. 14. Calls between Group Members will be indicated on contract customers' itemised bills. Group Members can remove themselves from a group at any time by replying with STOP to the text we send them, by texting STOP to 34444, calling 34444 or visiting vodafone.co.uk/vodafonefamily. We will inform you by text if they do this. 15. Group Owners can change the members in their group 3 times per month if they have registered for a group of 4, or 5 times per month if they have a group of 6. Group Owners cannot make changes to their group if they are barred or have had their Vodafone Family group suspended. 16. 17. 18. 19. 20. 21. 22. 23. 24. You can change your Group Members by calling 34444 or visiting vodafone.co.uk/vodafonefamily Contract Group Owners can change the size of their group (either 4 or 6) a maximum of 3 times per month. These limits will be reset on the 1st of each month for contract customers and on the subscription anniversary date for prepay customers. Group Owners who are contract customers can change the size of their group at any point and the subscription fee will be pro-rated on their monthly bill. If you remove a Group Member, we will notify them that they are no longer part of your group. But remember, we will not inform your other Group Members. That's up to you! Also, let them know that as they've been removed from your group, they will be charged their standard price plan rates immediately. If a Group Owner disconnects or ports from Vodafone to any other Service Provider, we will cancel the relevant group automatically and notify Group Members. If a Group Member disconnects or ports to another network, we will remove them from the relevant group and notify the Group Owner by text. Vodafone Family may only be used for private non-commercial use and is not for resale, nor for non-voice services. All usage is subject to Vodafone's fair use policy. If, in the reasonable opinion of Vodafone, your use is excessive, we may ask you to moderate your usage. If you then fail to do so, we reserve the right to charge you for the excessive element of your usage at your price plan's standard rate and/or to remove the Vodafone Family service from you. 25. Group Owners can cancel the service at any time by calling 34444, visiting vodafone.co.uk/vodafonefamily or calling Customer Care. Vodafone Free Weekends 1. Vodafone Free Weekend calls are only available on selected 18-month contracts on an Anytime or Your Plan price plan. Each Vodafone Free Weekend call will have a maximum duration of 60 minutes. After this 60 minute period, if a call is still in progress, the remainder of the call will be deducted from your bundle or charged at the standard rate under your price plan as appropriate. 2. Vodafone Free Weekend calls apply to all standard calls (Vodafone mobiles, other UK mobiles, or UK landlines with a geographic STD code) made within the United Kingdom (excluding the Isle of Man and the Channel Islands) that commence between midnight Friday to midnight Sunday ('Weekend Periods'). All other calls are excluded - for example, calls to non-geographic numbers, such as 0845 numbers, premium rate numbers, video calls, data calls and Voicemail/ Vodafone Mail calls including Call Return. 3. A call that starts during our weekend period but then continues into non-weekend hours will be charged from the point the non-weekend period begins, at the standard charge for your price plan for such calls. If you start a call in a non-weekend period, which continues into a weekend period, then Vodafone Free Weekend calls will apply to the part of the call in the weekend period. 4. The Vodafone Free Weekend service may only be used for private non-commercial use and is not for resale, nor for non-voice services. All usage is subject to Vodafone's fair use policy of 3,000 minutes per month. If, in the reasonable opinion of Vodafone, your use is excessive, we may ask you to moderate your usage. If you then fail to do so, we reserve the right to charge you for the excessive element of your usage at your price plan's standard rate and/or to transfer you to the equivalent Anytime or Your Plan price plan without Vodafone Free Weekend calls. If you have Vodafone Free Weekend calls on your price plan then you cannot also have Vodafone Unlimited landline calls, Unlimited Vodafone-to-Vodafone calls and/or Vodafone Stop The Clock. Vodafone Passport 1. 2. Vodafone Passport is available to customers on all Your Plan, Anytime, Anynet, Smartstep, Smartplus and Simply price plans and all Business price plans In order to benefit you must register for Vodafone Passport. Once registered, a 75p connection charge applies to all calls made and received plus you will be charged for eligible calls at the same rate as your home price plan whilst abroad. For each call received that lasts more than 60 minutes, a 20p per minute charge applies from the 60th minute onwards. This is charged in per second increments. All charges include VAT, where applicable, unless otherwise stated. 3. 4. Vodafone Passport is available in selected destinations and may be subject to change from time to time. Details of these are available at vodafone.co.uk/goingabroad Vodafone Passport applies to voice calls made back to the United Kingdom or within the visited country and excludes calls to other countries, premium rate numbers, Vodafone Call Abroad bundles and all data transfers (including text and picture messages). On pay as you go, daytime, evening and weekend rates are charged according to the time in the country you are visiting. If you are in a country where there is more than one time zone, you will be charged according to the time in the capital city. All pay as you go optional extras e.g. Vodafone Free Weekends, Vodafone Stop the Clock, Vodafone Family or Vodafone Text Unlimited do not apply to calls or texts made whilst abroad. 5. Occasionally, Vodafone UK may not receive details of your usage whilst abroad until several weeks after such usage occurs. Eligibility for inclusive minutes is determined when the details are processed, not when the usage occurs. 6. If your home price plan includes cheaper or free calls to mobiles or landlines within your business, these calls will be charged the connection fee plus usage of the inclusive minutes (if applicable). If you do not have inclusive minutes remaining these calls will be charged at the published Vodafone to Vodafone call rate for your price plan. Vodafone World Introduction 1. These terms apply to the voice calls made or received (excluding premium rate and satellite calls), texts sent and data used outside the U.K. by Vodafone customers who are not on Vodafone Passport. Europe Zone 2. Calls made by you are charged in 1 second increments with a 30 second minimum call charge. Text messages sent by you are charged at a flat rate of 11p and no text will be taken out of your home bundle or price plan. For pricing information please see our website (link provided below). Asia Pacific Zone, North America Zone and the Rest of World 3. Calls made by you are charged in 30 second increments with a one minute minimum call charge. Text messages sent by you on pay monthly are charged at a flat rate per text, plus the standard text messaging charge set out in your price plan. Text messages sent by you on pay as you go are charged at a flat rate price per text message. For pricing information please see our website (link provided below). General 4. 5. Received calls are charged per second with a minimum call charge as set out on our website (link provided below). The list of countries in each Zone and the status of a network as a Vodafone Preferred Network may be subject to change from time to time so please see our website for up to date information. 6. 7. Calls to toll free numbers within the visited country will be charged at the applicable Zone flat rate price for making a call in that country. Charges for premium rate and satellite calls will vary according to the cost charged by the foreign network operator and exchange rate fluctuations and include minimum charges. A network-handling fee will be applied to these calls. 8. Any inclusive minutes given to you as part of your price plan cannot be used for Vodafone World calls. Pay as you go text packs and Vodafone Freedom Packs cannot be used for text messages sent from outside the UK. 9. 10. If a foreign network operator charges Vodafone an administration fee for you to receive a text message on their network, Vodafone will pass this charge onto you. If a call made to you whilst abroad is diverted, you will be charged for receiving and making a call unless the call is diverted to your voicemail. We will not charge you if someone leaves you a voicemail. 11. 12. All charges include VAT, where applicable unless otherwise stated. Vodafone cannot guarantee access to or coverage within any foreign country. If you are unable to receive access to a Vodafone Preferred Network, you may obtain access to another foreign network operator in that country. If so, you will be charged accordingly. 13. When roaming you will be charged in 1KB steps for accessing Vodafone live! and My Web pages, streaming and downloading. These charges also apply to Vodafone live! interactive services (Chat and Mail) and off-portal pages and downloads (e.g. bbc.co.uk/mobile). When sending and receiving an MMS or long text, data transfer charges apply and depend up on the size of message. 14. For additional information on our charges please visit vodafone.co.uk/goingabroad Copyright Vodafone Limited © July 2009. Vodafone Limited. Registered office: Vodafone House. The Connection, Newbury, Berkshire, RG14 2FN, England. Registered No. 1471587.4854 V07/09

Mike, I have checked the T&C's i have from the 2010 Vodafone document issued to me whilst welcoming me to their network. It basically says itemised billing is a chargeable extra. My contract was taken out and administered online but this access was removed from me when they terminated and i had no access to the breakdowns of the individual bills. I would expect if they had a breakdown of the charges they'd have issued them already (surely, that would be the easiest way) Thanks Shane

All, Below is my draft Particulars of Claim. It is a bit wordy but i think it covers the history of the issues i have with VF in basic detail. Do you think it's OK? Any pointers would be appreciated. I've mentioned the accident i had in Feb 10 as a relevant event because the surgery and recovery did have an impact but not sure whether this adds or detracts??? 1. The Claimant was, at all material times, a “consumer” for the purposes of the relevant Legislation 2. The Defendant is, and was at all material times, a limited company engaged, among other things, in the sale and supply of Mobile Telephones and Associated Airtime Contracts to members of the Public 3. The Defendant agreed to Supply the Claimant a mobile phone contract for a period of 18 Months on the 5th January 2010 4. The Services provided by the Defendant included 600 cross network minutes, mobile internet and unlimited texts for a monthly consideration of £35.00. 5. The Claimant suffered a serious accident whilst skiing in Bulgaria on the 1st February 2010 which can be demonstrated by legal action undertaken by Irwin Mitchell LLP. 6. The Claimant underwent Surgical Intervention to repair a Ruptured Anterior Cruciate Ligament at the Horton General Hospital in Banbury, Oxfordshire on September 28th 2010 under the Professional care of Dr. Owen (a renowned Orthopaedic Knee Surgeon) 7. The Claimant believes the above noted accident and follow-up recovery period, surgery and then post-operative physiotherapy were all contributory factors in his inability to maintain certain aspect of his financial commitments during the noted period. 8. The Contract was terminated by the Defendant on the 26th August with the balance at £159.93. At this point the Defendant included an Early Termination Fee (hereinafter ETC) of £281.51 taking the account balance to £441.44. At all times the Claimant disputed the Defendants entitlement to what seemed a disproportionately high fee for Early Termination and requested (despite recovering from major knee surgery) on several occasions’ details of how such charges had been calculated. At the time of writing (29th May 2013) the Defendant has not provided acceptable details of this fee. 9. Despite the above the Defendant registered the account as ‘Defaulted’ on the 2nd November 2010 with the various Credit Referencing Agencies. 10. The Claimant alleges that the ‘ETC’ applied by the Defendant at this stage of the account was/is contrary to the Provisions of Schedule 2 of the Unfair Terms in Consumer Contracts Regulations 1999 where it states, inter alia an example of an Unfair Term may be where a Limited Company or others i.e. the Defendant ‘requires any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation’ 11. The Claimant further alleges that the Early Termination Charges levied by the Defendant are contrary to the Guidance issued by OFCOM on the subject matter. The Defendants own Terms & Conditions make no mention of the OFCOM Guidance on Early Termination suggesting only that they are entitled to recover ‘the remainder of the Minimum Period’. 12. At no point has the Defendant provided a detailed calculation as to the sums making up the ETC; if this information had been provided there would have been an opportunity for both parties to understand if the ETC met all the relevant laws, guidance on fairness and it could have been amicably resolved. The Claimant alleges that the Defendants unwillingness / inability to provide said information warranted the withholding of further payments towards the account during the periods noted. 13. It is the Claimants express belief that it is the Defendants poor Customer Service and /or ignorance of the laws / guidance in respect of the ETC noted that caused the account to be registered wrongly as a Default with the various Credit Referencing Agencies. 14. During the period of approximately August 2010 and November 2010 the Defendant employed the Services of various Debt Collection Agencies without proper Notice of Assignment. These Agencies employed tactics which the Claimant alleges were / are unlawful including but not limited late night calls, calls to my employer and calls to my parents (causing extreme nuisance). It is the Claimants contention that the Defendant knew said tactics would be employed and essentially agreed this was an acceptable way in which to pursue a debt that they knew was disputed. It should also be noted that both the Defendant and his employed Debt Collection Agents threatened the Defendant with the application of Late Payment and/or Additional Charges in addition the charges that formed part of the existing disputed ‘debt’. 15. The Claimant alleges all said tactics / charges noted in point 14 were / are contrary to the provisions set down in the Office of Fair Trading Guidance on Debt Collection and the guidance document issued by OFCOM. 16. At this stage the Claimant informed the Debt Collection Agency employed by the Defendant that the Debt they were pursuing was disputed and as such they were acting unlawfully in their pursuit. This information was completely ignored and daily calls continued at home, work and to my employer at the time (Carillion PLC). 17. The Claimant then contacted the Defendant offering the settle the outstanding balance on the account via agreed monthly payments with the express agreement that they would provide details of the calculation / entitlement to the level of ETC applied to the account. 18. The Claimant made several payments to the Defendant (in excess of the £159.93 previously outstanding) as agreed however the information relating to the ETC was not forthcoming. It was on this basis the Defendant ceased from making further payments to the Defendant. 19. Despite not being in receipt of the information requested by the Claimant from the Defendant the remainder of the disputed balance was paid on the 20th September 2011 simply because the effect the disputed and alleged unlawful Default was having on my creditworthiness. On settlement of the outstanding balance the Claimant again requested details of the ETC calculation from the Defendant. The information was again not forthcoming. 20. The Claimant has suffered significant harm because of the alleged unlawful Default including but not limited to Sub-Prime Credit Card with Capital One (34% APR) and Car Finance with Advantage Finance Limited. The Claimant alleges that credit on more favourable terms would have been entirely possible if said Default hadn’t been recorded with the various Credit References. 21. The Claimant has been pro-active in his attempts to resolve this dispute amicably i.e. establishing and maintaining contact with the Defendants Directors Office but to date has not received a satisfactory response. The Defendant has previously informed the Claimant that they have exhausted their internal Complaints Handling procedures. 22. The position of the Defendant in point 21 led the Claimant to lodge a complaint with the Communications Ombudsman on the 21st March 2012. 23. After a lengthy review period, the Ombudsman delivered their ‘final decision’ 29th May 2012. The Claimant rejected this decision on the basis that he felt several pertinent aspects of his complaint had not been addressed. A revised ‘final decision’ was issued by the Ombudsman on the 8th August which was again rejected by the Claimant. The Ombudsman again responded on the 14th August 2012 advising the Claimant that their complaint procedure had been exhausted. The Claimant therefore offered a reserved acceptance of the Ombudsman Decision on the same date. Part of the reasoning behind this was because the Ombudsman asked the Defendant to explain in greater detail the ETC. The Claimants acceptance of the Ombudsman’s decision was reserved / caveated until the information requested from the Defendant had been provided because doubts about their ability to deliver said information was in doubt. The deadline for the Defendant to respond was set at 11th September 2011. 24. The Defendant failed to provide a response by the agreed date however it is anticipated they will argue a response was issued (not received by the Claimant). The Claimant requests that the Court ask the Defendant to provide indisputable evidence that a response was issued to the Claimant within the timeframe required by the Ombudsman. 25. Following the events noted above the Claimant then spent in excess of 5 months chasing both the Ombudsman and the Defendant for a resolution to the complaint. 26. It was not until further chasing in May 2013 that the Claimant received the Defendants ‘Remedy’ via the Ombudsman. Upon review it was deemed wholly unsatisfactory and as such the final option was to issue Court Proceedings against the Defendant to ensure clarity was gained in respect of the Default registered. 27. The Claimant issued the Defendant a Letter Before Action on Friday 10th May 2013 giving them a period of 14 days to enter into meaningful dialogue in an attempt to avoid Court proceedings. The Claimant emailed a copy of said letter to their Directors office on 13th May 2013. 28. The Claimant was contacted by a member of Defendants Directors office who explained their complaints procedures had been exhausted and that they would offer no further comment on the matter. The Defendant later confirmed said stance via email (13/5/13 16:09). 29. This response led me to issuing of formal Court Proceedings (Claim Reference: 3QT63415) SUMMARY It is alleged by the Claimant that the Defendant has breached the following in their recording and processing of the Default noted above: - 1. The Unfair Terms in Consumer Contracts Regulations 1999 in relation to the disproportionate charges levied on the Claimant’s account which ultimately led to 2. The Guidance issued by OFCOM in relation to the application of Early Termination Fees where Airtime Contracts are Terminated 3. The Guidance issued by the Office of Fair Trading on Debt Collection in respect of the tactics used by the Claimants employed Agencies in pursuit of a ‘debt’ they knew was justifiably disputed 4. Their own Terms & Conditions for not providing a calculation as to how the ETC 5. The Information Commissioners Guidance in relation to their entering of disputed data on to my Credit File PROPOSED RESOLUTION 1. Immediate removal of the Default and associated data from my Credit Files with Agencies like Experian, Call Credit, Equifax etc. 2. Compensation / Financial Redress for the effects of the default entry Thanks Shane

Quick update MoneyClaim online is now showing that VF sent an acknowledgement of service on the 24th May (assume this is tied in with the solicitor letter i received over the weekend). Having re-read the court filing am i to assume that VF are still tied to filing their defence (assuming they will be doing so) within the 14 day period which ends on 2nd June or do they now get an extended period in which to file anything? Cheers Shane

Thanks for the link Mike. I had a brief read of the section that deals with Early Termination of Airtime Contracts and I believe the £291 VF 'added' to my account when they terminated it fails the fairness test set out by OFCOM. Very interesting read though and I shall study it in detail later this evening. I'm getting more confident with all this help I'm getting everyone, thank you so much. Be interesting to see if people agree with my statement above after reading this guidance document. Thanks Shane

Ok no problem. I just wanted to make sure this wasn't the time when I needed to amend my claim to introduce my expanded POC's. Would it be wise to email Riverview and ask when a defence will be forthcoming or will they issue it to MoneyClaim online as and when? Thanks Shane

UPDATE: I've had a letter today from 'Riverview Solicitors' informing me they have been instructed to act on behalf of Vodafone in the matter i've applied to the court to hear. One assumes this means they'll be defending my claim. The letter doesnt say anything other than giving me their contact details should i have any queries so what do i do now everyone? Help / guidance would be appreciated. Thanks Shane

All, Quick update - received the 'notice of issue' from Northampton County Court' over the weekend. Most we already know but now have absolute clarity that VF have until 2nd June 13 to reply. Is there anything i need to do now in terms of amending my claim to incorporate my extended particulars or do i just sit tight and wait for the time being? Thanks Shane.

Quick update: - Claim is officially served. By my calculations VF have until the 27th in which to respond. I have completed my expanded particulars as suggested above so will wait and see what kind of response comes from VF. I wonder if they'll leave it until the last minute this time? Thanks Shane

Thanks all, I've done as you suggest and created an expanded version of events as i see them. I've kept copies of emails and letters to from Vodafone and ICO / FOS so am well prepared if they are needed. I assume i'll hear directly from Vodafone within the next couple of weeks. i'll keep you up to date. Thanks Shane

Gents Now that i have issed the claim against VF what is the next steps? Do i need to prepare anything to back up my initial claim or should i just wait and see what the response is? I'm mindful that the court hasnt seen any of the letters i issued to VF but assume this will all come out in due course? If anyone has similar experience i'd be keen to understand what i should be expecting. Thanks Shane

I will keep you all in the loop at every single stage. I mentioned in the particulars i was seeking Default removal so we will see how VF react but if needed i'll follow the steps given by BF above. We will see ; )

No time like the present. Claim IN!!! Northampton County Court. We'll see, this can go one of 2 ways only i guess.

They have just confirmed via email that they will be taking no further action...payment details for the court fee being entered now.

Thanks - modified to suit and ready to go. I set the limit at £2k and am ready to submit....

Thanks. Just writing a draft of the particulars now. I'm going to put the following or words to the effect: - 1. Vodafone Limited has levied Unlawful Penalty Charges against me. They are disproportionate to the extreme 2. Vodafone Limited are in breach of Contract for their failure to provide me with any explanation as to the basis or legality of said charges despite repeated requests 3. Vodafone Limited have unlawfully defaulted my credit file on the basis of said charges. Furthermore there is continued processing of disputed data which is contrary to the Information Commissioners Guidelines 4. Vodafone Limited are in breach of the Data Protection Act for failing to accurately administer a Default (unlawful in the first instance due to the unlawfulness of the charges which the default sum largely relates to) which they have placed i.e. the unlawful Default on my credit file is marked as ‘Satisfied’ but on the wrong date, the unlawful default was satisfied on 20th September 2011 not the 7th November as recorded by Vodafone Limited 5. Vodafone Limited has failed to comply with the legally binding requirements of the Ombudsman Decision dated 14th August 2012 despite repeated requests to do so. Is this too wordy?

So i guess having to accept a Credit Card with an APR of 34%, a car loan of similar APR and being rejected for mortgages with my fiancee would be fine examples. How the hell does one attribute a suitable redress for those? Going through the motions on MoneyClaim and am minded to simply pay the court fee for a claim up to £3k which is £70.

All, Vodafone will be emailing me in due course to confirm that they will not be taking any further steps to resolve my complaint. I've told them the next step is Court and their response was that they'd exhausted their procedures so couldnt do anything else. The lady i spoke to was from the Directors Office so assume she knows the implications? MoneyClaim does look to be for money claims. My original intention for this was to simply seek removal of the default on the basis the charges were excessive / unlawful but maybe it is time to attract some kind of financial penalty to it? Shane

Dear all, Vodafone have just rang confirming receipt of my LBA. They say because they have 'exhausted their internal complaints procedure' they cannot do anything further. This i believe allows me to move things forward and issue court proceedings. I'd be very grateful if fellow members can guide me in preparing particulars to issue etc. Can i do this online? Thanks Shane

OK the wheels are in motion. Thanks and i'll keep you updated.

BF Thanks - i wont send that letter, it is too long. It'll just be a summary and confirmation i intend to issue proceedings against them. Just looked at the N1 form, in the particulars how legally minded does it need to be? Do i simply write i believe their penalty charges are unlawful (as you can tell i need some help drafting this document). Thanks Shane

BankFodder - i like your bluntless, it is what i need. I did contest the lawfulness of the charges and raised this with both VF and the FOS but ultimately what i have learned is what you say below, the FOS are not prepared to stand up to companies like Vodafone. I know i have been massively naive in thinking if i took my complaint to the FOS they'd do something about it. Shame on me as you say. I am taking your advise and am writing to VF today insisting they provide details of the charges and if not i will sue. I am quite prepared to go this route and hope i can count on this forum for help if/when i have to draft my claim.

Hi all This is a draft LBA i wrote towards the end of 2012 so will need some updating to cover lack of response after Ombudsman final decision etc. Any input / advise would be great. Reference: Account xxxxxxxxxx (Vodafone Default Dated 7th November 2010) To whom it may concern, As it has not been possible to resolve this matter amicably and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct. Dispute History I entered into a Contract with Vodafone Limited for a Mobile Telephone Handset in January 2010. After approximately 3 months I admittedly got behind with payments (3 as recorded on Credit Expert). due to a skiing accident in Bulgaria and various employment issues that stemmed from said accident (Complete ACL Rupture and Shoulder defects i.e. Hill-Sachs Deformity). Without adequate warning my account was defaulted for the sum of £441. To my recollection there was no period given by Vodafone Limited to address the 3 payments outstanding and no notices were issued to me suggesting my Credit file would be defaulted. The debt was then assigned to a Debt Collection Agency (hereinafter DCA) without proper Notice of Assignment. When contacted by said DCA I contested the balance and requested a breakdown of the sum which they were claiming (Note: the sum requested by the DCA included further penalty charges on top of those already added to the balance by Vodafone). After a period of disputes regarding the balance I agreed to a payment plan which began in early 2011. I entered into the payment plan because the tactics employed by Vodafone Limited’s nominated DCA was affecting both my personal and working life (The DCA harassed me by contacting my employer directly, phoning me late at night and phoning my parents etc. All of their attempts to speak to me were made in an extremely threatening and adversarial manner). Despite my continuing to dispute the outstanding balance I believed it would be more fruitful and less stressful dealing directly with Vodafone Limited hence my decision to ask Vodafone directly if I could settle the balance with them and not their nominated DCA. This offer was made on the basis i would receive from Vodafone a full and detailed calculation of the Default Sum - this has never been received. The balance was settled in its entirety on the 20th September 2011. Since completely settling the balance (including the penalty charges which I believed were unlawful and will subsequently argue are unenforceable / unfair) Vodafone Limited has updated my credit file to note the following: - Default is ‘Satisfied’ Satisfaction date was 7th November 2011 (incorrect; dealt with further below) Since settling the account with Vodafone Limited I have requested on a number of occasions that the Default be removed from my credit files because of the inaccurate information on which it is lodged against. I have spoken to a number of Vodafone Customer Service departments, 2 of which confirmed the Default would be removed (issue dealt with further below). Despite being told by 2 Vodafone Employees the Default would be removed it still remains and is causing immeasurable personal and professional stress and anxiety. Dispute Resolution I formally request the removal of the Default from my Credit Files (Experian, Equifax and Call-Credit) is completed without further delay. Financial Requests As stated previously in exchange for the removal of the Default from my Credit File I will waive my assumed right to Financial Compensation. That said if this dispute does need to go to County Court I will argue that as a direct result of the Default I have been forced to accept extremely unfavorable credit terms in an attempt to rebuild my credit profile including: - 1. Car Loan via Advantage Finance in excess of 30% APR 2. Capital One Credit Card with APR in excess of 30% Furthermore I have been prevented / excluded from obtaining a mortgage with my fiancée which is the most frustrating issue for me. Basis of Claim In the event this dispute goes to County Court I will rely on the following as my basis of claim: - The Default Sum was largely made up of ‘penalty charges’ which I believe to be unlawful / unfair. Vodafone suggest said 'charges' are cancellation charges that are fair and reasonable as a result of ending a Contract early. I have commented that i do not believe in excess of £300 charges are appropriate when the actual outstanding balance was less than £90. Had Vodafone offered explanation when requested i firmly believe we could have agreed a compromise on the balance and it would have been settled avoiding the need for them to record a Default. The Default was therefore recorded without proper explanation and no consideration was given to my request for details of the 'bill' amount prior to the default being placed. The Settlement Date was entered and has been maintained incorrectly. The Default was settled on 20th September 2011 (see attached Bank Statement Confirmation) yet Vodafone has entered into Credit Expert a settlement date of 7th November 2011. This is a Breach of the Data Protection Act which requires Data Controllers such as Vodafone Limited to record ‘up to date, accurate information’ The Default Sum includes approximately £220 (an exact figure cannot be given as I have never been provided with a detailed breakdown of the sum in question) of what I will contest are unlawful / Unenforceable Penalty Charges. Despite repeated requests for a proper explanation of the charges Vodafone Limited have not been forthcoming. Vodafone have advised these charges are as per the airtime contract and are fees associated with the Termination of the airtime contract. I will argue that these charges are unlawful because they are significantly over the costs that would likely be incurred by Vodafone as a result of the termination and thus they are penalty charges. Vodafone Limited have failed to properly address the contents of my letter / notice dated 28th February 2012 which amounted to a formal notice in accordance with the Data Protection Act to cease processing my data and damaging my ‘creditworthiness’. The response given was selective at best. After a lengthy complaint process on the 14th August the Ombudsman wrote to Vodafone setting out their ‘final decision’. This letter set a time limit for Vodafone to supply me with information including but not limited to the following: - · A written explanation of default and a calculation of the amount that was outstanding · A copy of the Terms & Conditions that I signed up to (2009/2010 revision) marking the clauses that dealt with Termination fees and most importantly · Commentary on how the ‘early termination fee’ and as such the Default Sum was calculated. The time limit for this information was the 14th September 2012; to date Vodafone have failed to provide any of the information required under the decision provided by the Ombudsman (and yes before anyone asks I have since moved address and am kept fully up to date from my parents about any post that is sent to my previous address 3 Waynflete Road, Headington, Oxford, OX3 8BQ) Documents Required from Vodafone Limited In accordance with Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents:- Executed copy of the Terms & Conditions that I signed up to when entering into Contract with Vodafone Limited in January 2010. Copies of current Terms & Conditions are unacceptable as they may have been altered from those that were in place when my contract with Vodafone commenced. As significant importance is placed upon the specific clauses of a 2009 / early 2010 airtime contract within my complaint I feel it is only fair for Vodafone Limited to supply a correct agreement. Detailed breakdown of the Penalty Charges included in the Default Sum including a description of how they relate to and are applied in accordance with the Contract Terms & Conditions Copies of all Default Notices supposedly issued to my prior to Default Copy of the Notice of Assignment you supposedly or were supposed to issue to me prior to ‘selling’ / ‘assigning’ the alleged debt to a unscrupulous Debt Collection Agency (note if this dispute goes to Court I will contest this action amounted to harassment due to the techniques utilized by Vodafone Limited nominated Debt Collection Agency including but not limited to late night phone calls, contacting my employer without permission, phoning my on work telephone numbers, threatening doorstep visits without justification etc. Copies of the telephone recordings between myself and Vodafone Employee’s where removal of the Default was discussed and agreed on 2 occasions I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution in order to avoid the need for this matter to be resolved by the courts and would invite you to put forward any proposals in this regard. In closing I would draw your attention to section II (4) of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim. I look forward to hearing from you within the next 28 days, should I not receive a response to my letter within this time frame then I anticipate that court action will be commenced with no further reference to you.

Hi I drafted an LBA some months ago but never issued it in the hope it would get sorted. If i private message you it would you review it and see if you think it reads OK and is 'correct'? Issuing a CC Claim is very daunting, i've heard stories of people losing because they dont get their claims legally correct etc. Thanks Shane