Dans forum post gave me a link to this, having read the unfair terms in consumer contracts i think you should consider The Unfair Terms in Consumer Contracts Regulations 1999 section 5 sub para (4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was. also under schedule 2 Regulation 5(5) SCHEDULE 2 INDICATIVE AND NON-EXHAUSTIVE LIST OF TERMS WHICH MAY BE REGARDED AS UNFAIR (l)providing for the price of goods to be determined at the time of delivery or allowing a seller of goods or supplier of services to increase their price without in both cases giving the consumer the corresponding right to cancel the contract if the final price is too high in relation to the price agreed when the contract was concluded; (does this apply to price increase?) (o)obliging the consumer to fulfil all his obligations where the seller or supplier does not perform his; (copy of contract, no signal etc) (q)excluding or hindering the consumer’s right to take legal action or exercise any other legal remedy, particularly by requiring the consumer to take disputes exclusively to arbitration not covered by legal provisions, unduly restricting the evidence available to him or imposing on him a burden of proof which, according to the applicable law, should lie with another party to the contract. - (not down to me to proof the contract but vodafone?)

Dan, Thanks for the link above, i have just found the following that should help my case with them. Thats if they can actually prove they have a contract and not just a verbal contract. having read the unfair terms in consumer contracts i think you should consider The Unfair Terms in Consumer Contracts Regulations 1999 section 5 sub para (4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was. also under schedule 2 Regulation 5(5) SCHEDULE 2 INDICATIVE AND NON-EXHAUSTIVE LIST OF TERMS WHICH MAY BE REGARDED AS UNFAIR (l)providing for the price of goods to be determined at the time of delivery or allowing a seller of goods or supplier of services to increase their price without in both cases giving the consumer the corresponding right to cancel the contract if the final price is too high in relation to the price agreed when the contract was concluded; (o)obliging the consumer to fulfil all his obligations where the seller or supplier does not perform his; (q)excluding or hindering the consumer’s right to take legal action or exercise any other legal remedy, particularly by requiring the consumer to take disputes exclusively to arbitration not covered by legal provisions, unduly restricting the evidence available to him or imposing on him a burden of proof which, according to the applicable law, should lie with another party to the contract.

hi caggers, i am having a terrible time being pushed from pillow to post with vodafone customer services. The short story is that i called them this month to ask for an upgrade only to find that they will not upgrade as they tell me my plan has another 6 months to run. I have been with them since 2009 and have NEVER had a 24 month contract. My first contract upgraded in July 2011 to what i believe to be an 18 month contract. I have asked them to send me a copy of my contract and they state they cant as it was a verbal agreement. now they are asking ME to send them my welcome letter. tit for tat in my opinion as they have nothing to prove a 24 month contract. my plan name is ypl 24ess 600m utx vp vmi. The 24 does NOT mean 24 month contract as it has never changed from when my original 18 month contract was started. having received and made several calls and emails to the customer service team, i am now dealing with at least 3 people with reference numbers WRT135(#10846504) & (#10823140)‏. not only am i being messed about with this, the people replying to my emails have not always been polite and in at least one instance they cant even spell. To Vodafone's credit they did offer to change the plan by 3 months which i have refused on principle, with no contract in place, why should i accept a 3 month extension when all i wanted was to upgrade my plan which i honestly believe to be 18 months. I have recorded (paperwork) history of them doing this when i first took out my original plan which within 2 days had been extended by a year from 18 months to 30 months (ouuuuch), that was back in 2009 because i had a gateway box for the house as they said we have a great signal and had zero signal and roll on 2013 its de ja vue. I even had a call from the retention team asking me what phone i upgraded back in 2011 as the system didn't show one, he also advised sticking to my guns as they cant prove anything and to escalate my complaints as high as possible (an impossibility when the customer services teams don't tell you who they are or their position) a severe lack of paperwork or documents i think. I am now at the point of hitting my head against a brick wall, do i simply send a complaint to ofcom, let them take the £127 ETF they want and then claim it back in the small claims court (protecting my credit reference) or do i cancel the direct debit and see what happens but still write to ofcom? Footnote: Lee, if you read this, you can see that your guys have already seen a copy of my emails and have failed to resolve this issue. reference numbers above.

You could try a section 1- notice under the data protection act 1998, not sure where to find the letter on this site though.

ok i have now called IND, Hegarty, spoke to a lady there and she informed me a jackie lady would call me back, nothing heard from them so i am now completing an n244 to attempt them to compel with the cpr. the lady on the phone said it could take up to 8 weeks to comply so they obviously have not got the documents they stated in the particulars so i will let the judge know. god i hope this gets stayed for £75 lol

I have just received a similar letter. i will definately be keeping a close eye on yours as we are at the same level. i have received my statements now too so my letter of rejection will be an adjustment in claim as well. good luck Bengal the most definately MAD tiger lol

sorry please ignore my last post. i put it in the wrong place, been a very busy day. good luck to anyone that does read it

In septembers plublications issue no 56. Walter Merricks chief financial ombudsman had this to say. We are accused – at one and the same time – of being above the law and unchallengeable; engaged in a disgraceful denial of human rights that a landmark test case will bring to a halt; suffering a stunning blow in the courts that will save the financial services industry millions of pounds; and outrageously allowing firms wrongly to escape paying millions to consumers with financial complaints. However, these kinds of dramatic yet rather confusing claims are – hardly surprisingly – unlikely in reality to rock the foundations of the ombudsman service. No public organisation involved in the contentious business of handling disputes is immune from people wanting to test the limits of its remit, particularly as there are always commercial interests at stake. this to me isnt a man worth complaining to about a bank or any other financial institution. do you really think that the ICO are on our side? are they not a public institution too? the ICO seem to be taking a long time reporting on shabbey, and it seems to me that they will come out with a report that defends shabbeys complaints procedures. All of this will only push us to group together and take a conglomorate case to court rather than on our own. sorry hun, i dont mean to scare you as i am at exactly the same stage as you. I simply thought it intersting to show what arrogance we are up against. we are all on the same side on this site, less the spies. Good luck hun and i will be following you very closely on a level par i hope.

It is PRIORITY that you contact the credit reference agencies and ask them to contact o2 on your behalf. i am currently in dispute with o2 because they failed to take the direct debits from my account over several months. they have now put defaults on my credit files and are sending letters from a collection agency. incidently they own the collection agency too. the credit reference agencies will put o2's comments in dispute and request anyone doing a credit reference check on you to disregard o2's comments until they have responded to the agency. In the mean time you will have time to sort out your dispute.

how on earth could abbey use ico experts as witnesses? unless the ico has succumbed to them which i very much doubt

quite funny realy, i am still getting these with one exception. the latest one came with a form they want me to fill in and return to them requesting the information. i dont think i will bother. especially when they call me 'mrs' when i am a mr lol

thanks jackie, i will continue as planned today then.

As you can all see from the details below, i have today received a letter from abbey which i think is a further delay tactic. it seems to me that they are taking the route of using the 'complaints dept' to delay the real request which they possibly believe will also help them if and when a claim gets to court. in my opinion they will be using this in there defence and say they were dealing with the customers requests for data. read the letter below and make your own mind up. received from abbey today dtd 12 september 06. from complaints, marc winder. Our ref Dear Sir as you know, we are currently investigating your complaint that you raised with abbey four weeks ago. i am sorry for the delay you are experiencing and i would like to take this opportunity to thank you for your continued patience. Our research is taking longer than expected because we want to make sure a full investigation is done. If we are unable to complete our investigation beforehand, we will write to you again in four weeks time to let you know how we are getting on. I am sorry that it is taking longer than originally thought and would like to reasure you that your complaint is very important to us. yours sincerly, Marc Winder Head of Complaints a delay tactic? a defence for when we get to court?? should i carry on and send off the court papers for my statements or allow them yet another 4 weeks even though i asked for these 3 months ago?:? data protection act disclosure request sent 22/06/06 received by abbey 03/07/06 microfiche letter dtd 07/07/06 received 09/07/06 1 years statements received 20/07/06 reply to microfiche letter sent to pam speed recorded delivery 10/08/06 received by abbey 18/08/06 letter received from complaints department dtd 23/08/06 letter before action section 7 DPA 1998 sent 07/09/06 apology for delay of complaint received 12/09/06 complaint sent to commisioners office 19/09/06

just in case you guys havnt seen it, there is information in another thread on this site telling us that abbey are getting a visit from the IOC this month. we should all be very happy about this and maybe they will knock some sense into them.

this isnt realy relevant but i thought about attaching it onto all of my letters http://www.ico.gov.uk/upload/documents/library/freedom_of_information/introductory/freedom_of_information_ten_top_tips.pdf 7 8 and 9 are very relevant