Jump to content

Caligulazbaby

Registered Users

Change your profile picture
  • Content Count

    51
  • Joined

  • Last visited

Community Reputation

1 Neutral

About Caligulazbaby

  • Rank
    Basic Account Holder
  1. Hello again CAG, Everything was sent ok and the £80 fee was waived which was a pleasant surprise. Since handing in my evidence and witness statement, I (and the courts) received the following from Riverview Law. "Dear Sirs, *some jabber* Page one of the order directs the parties to file and serve evidence 14 days before the hearing. Page two of the order also directs the parties to file and serve evidence, no later than 14 days before the hearing. The order then goes on to list directions that differ from the above. As this is a small claims matter and the standard directions are to file and serve evidence and witness statements no later than 14 days before the hearing and as this is stated on the first and second page of the order, we respectfully inform the court that we will comply with this direction and confirm our evidence and statement will be served no later than 14 days nefore the hearing listed for 30th November 2016. A copy of this letter has been sent to the claimant" I was wondering if this letter changes anything? Or is it just standard procedure.
  2. The SAR was delivered within 40 days but it didn't contain a correspondence between myself and Lee, the old vodafone rep here. The SAR was meant to cover until 3rd March 2016 and the e-mail is from late Feb. It begs the question what have they left out that I don't have evidence for. I know it's only 1 e-mail as proof but rules are rules (?) Thank you and Andy for your responses. This is the edited witness statement. XXXXXXX XXXXXX'X Witness Statement XXXXXXX XXXXXX v Vodafone Limited Claim Number: XXXXXXXX My name is XXXXXX. My address is XXXXXX. I am a part-time chef and investor. In September 2014 I agreed a 24 month contract with Vodafone Limited for an iPhone 5S handset plus an agreed telecommunications package. 1. Vodafone breached contract by failing to provide me with a sim card after 2 requests through livechat. 2. I cancelled my direct debit, Vodafone let the account run continuing to charge £34.50 per month for 4 months 3. Dec 30th I receive 2 e-mails from Vodafone saying calls to premium numbers and numbers abroad had been lifted from the account. 4. The January bill then jumped from £162.83 to £388.80. 5. I contacted Lee (Vodafone Rep from consumer action group forum) who said I had to pay either £162.83 or £388.80 as resolution which I deemed unacceptable. 6. He then offered to wipe the debt but said I must remain in contract with Vodafone and that I had until March 29th to give me answer. 7. I sent my first SAR which was returned 18 days later asking for proof of ID. For what it's worth this is too long for an issue of this nature and should have been sent sooner. 8. 10 days after the offer from item 6, I began to receive an aggressively high quantity of intimidating letters from a debt collection company called Advantis as well as further letters requesting payment from Vodafone even though there was still 38 days left for my answer. 9. On February 29th I asked Lee if my credit rating had been affected which he admitted that adverse information had been added to my Credit Profile and said "as a gesture of good will" they would replace the late payments with query flags which is completely unacceptable. Not only was this unacceptable but this communication was not included in the SAR which was suppose to include all communication until March 3rd. 10. I have included a news story from the BBC news website regarding soaring customer complaints. This doesn't affect my case directly but I felt including it would help show I am not alone and that this isn't some sort of personal vendetta. 11. I then sent my 2nd SAR along with an official letter before action and all requested identification. 12. The SAR arrived and the LBA wasn't even acknowledged. 13. After ignoring Advantis I finally contacted them to explain the situation. After a few e-mails back and forth they closed the case and returned it to Vodafone. They also stated they would not contact me again in future regarding this matter. 14. The MCOL site didn't give me an option to serve particulars separately. The following are my detailed particulars. 15. £1 for the pay as you go simcard. 16. £866.40 for my time bringing this matter to a satisfactory conclusion. 17. £10 for the SAR, especially given this request was not met. 18. £19.35 for 3 recorded delivery letters. I only have the receipt for 1 but I would hope to be believed that I sent 2 for the SARs and LBA plus 1 for court documents. 19. £60 MCOL fee. 20. Interest pursuant to section 69 of the County Courts Act 1984, namely £82.92 and continuing until Judgment or sooner payment at the rate of 8% pa. 21. I therefore claim £1,039.67. 22. I demand a full and complete explanation of what happened to my Vodafone account on December 30th 2015. The glossary included in the SAR did not contain the abbreviation for UC4 meaning no light was shed on the events that took place. A Vodafone employee was responsible for the unrequested changes to my account. Changes made on an account where 4 months of bills had not been paid. 23. I demand that all markers, late payments, query flags or anything placed on my credit record by Vodafone from August 2015 be removed completely given I was no longer under contract with them after they breached article 12a of our agreement. This statement (consisting of 2 pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have willfully stated in it, anything which I know to be false, or do not believe to be true. Signature: Date:
  3. Hello again CAG, I served 27 pages of disclosures to riverview law and my local court, including fishing out and printing off the BBC news story Bankfodder posted back in March about the number of customer complaints. The £80 court fee was waived and I have until September 30th to serve my witness statement. The following is what I have so far. Any feedback would be much appreciated. I was thinking maybe referring to page numbers from my disclosures for certain parts? Or would I do that in court..? XXXX's Witness Statement XXXX v Vodafone Limited Claim Number: XXXXXXXX Flat X XXXXX House The XXXXXXX XXXXXXX XXX XXX 1. Vodafone breached contract by failing to provide me with a sim card after 2 requests through livechat. 2. I cancelled my direct debit, Vodafone let the account run continuing to charge £34.50 per month for 4 months 3. Dec 30th I receive 2 e-mails from Vodafone saying calls to premium numbers and numbers abroad had been lifted from the account. 4. The January bill then jumped from £162.83 to £388.80. 5. I contacted Lee (Vodafone Rep from consumer action group forum) who said I had to pay either £162.83 or £388.80 as resolution which I deemed unacceptable. 6. He then offered to wipe the debt but said I must remain in contract with Vodafone and that I had until March 29th to give me answer. 7. I sent my first SAR which was returned 18 days later asking for proof of ID. For what it's worth 18 days is a ridiculous amount of time for this. 8. 10 days after the offer from item 6, I began to receive an aggressively high quantity of intimidating letters from a debt collection company called Advantis as well as further letters requesting payment from Vodafone even though there was still 38 days left for my answer. 9. On February 29th I asked Lee if my credit rating had been affected which he admitted had been trashed but said "as a gesture of good will" they would replace the late payments with query flags which is completely unacceptable. Not only was this unacceptable but this communication was not included in the SAR which was suppose to include all communication until March 3rd. 10. I have included a news story from the BBC news website regarding soaring customer complaints. This doesn't affect my case directly but I felt including it would help show I am not alone and that this isn't some sort of personal vendetta. 11. I then sent my 2nd SAR along with an official letter before action and all requested identification. 12. The SAR arrived and the LBA wasn't even acknowledged. 13. After ignoring Advantis I finally contacted them to explain the situation. After a few e-mails back and forth they closed the case and returned it to Vodafone. They also stated they would not contact me again in future regarding this matter. 14. The MCOL site didn't give me an option to serve particulars separately. The following are my detailed particulars. 15. £1 for the pay as you go simcard. 16. £866.40 for my time bringing this matter to a satisfactory conclusion. 17. £10 for the SAR, especially given this request was not met which I think in itself is illegal(?) 18. £19.35 for 3 recorded delivery letters. I only have the receipt for 1 but I would hope to be believed that I sent 2 for the SARs and LBA plus 1 for court documents. 19. £60 MCOL fee. 20. Interest pursuant to section 69 of the County Courts Act 1984, namely £82.92 and continuing until Judgment or sooner payment at the rate of 8% pa. 21. I therefore claim £1,039.67. 22. I demand a full and complete explanation of what happened to my Vodafone account on December 30th 2015. The glossary included in the SAR did not contain the abbreviation for UC4 meaning no light was shed on the events that took place. A Vodafone employee was responsible for the illegal changes on my account. Changes made on an account where 4 months of bills had not been paid. 23. I demand that all markers, late payments, query flags or anything placed on my credit record by Vodafone from August 2015 be removed completely given I was no longer under contract with them after they breached article 12a our agreement.
  4. Oh and do I send a copy of this to riverview law or just a copy to my local court?
  5. I received a letter from the courts today so I think we're coming to the end of the road. The claim has been allocated to the small claims track which will take place Nov 30th. It says a hearing fee of £80 is payable by 16th Sept unless the claimant makes an application for a fee concession. Would I be entitled to a fee concession? It says each party shall deliver to every other party and to the court office copies of all documents which he intends to rely at the hearing.....What do I need to include in this? Would this be my original vodafone contract, the e-mails printed off, the receipts for the stuff I sent by recorded delivery, my SAR folder including correspondence with vodafone that was omitted from the SAR. Do I send literally everything I have saved and filed now? It also says the CLAIMANT must send to the court....or the DEFENDANT must send to the court....Do I need to send as both claimant and defendant given I was counter-claimed against? Or is it the same as before where I just send everything in 1 jobs lot as it is the same case regardless of position.
  6. You are 100% correct, I did have a 10 minute conversation with an advisor where they directed me to a helpful part of their website regarding small claims court but they were apprehensive about offering much advice. I went to my local court and spoke to someone there, she told me the entire claim comes under one reference number so I fill out all the forms etc and just hand everything to them which is pretty convenient. Andy you said I could particularise when I get to the witness statement stage. When is the witness statement stage? Is it on a later form I will need to fill out or is it something that happens in court.
  7. Actually to save you guys time I will go see the CAB and call my local court tomorrow.
  8. Phew close call, I thought all was lost for a moment. I'm a bit confused with what I have received. I have received counter claim stuff where I am the defendant. It includes a response pack identical to the one vf received when I made the original claim. Do I just sign that I am defending the entire claim an explain why in section 3 - Defence and send it away? Then I have a directions questionnaire (small claims track). It has stuff about mediation and court availability, witnesses etc. I think it is Form N180 which I have to complete and file with the court office. Do I complete it, take it to my local magistrates and hand in person or do I send it away. It also says I have to serve copies on all other parties. Do I do that myself to vodafone or does the court handle that. I also received an identical defence list from Riverview Law who say they are acting on behalf of vodafone. Does that mean I am dealing with them from now on? So I send them all the paperwork?
  9. Also, with vodafone's counter claim is this now when I send all my evidence? Like receipts and proof they didn't provide the SAR etc and e-mail correspondence. Or do I just say I defend the claim and wait until court to disclose my evidence?
  10. Thanks I'll delete that. The MCOL site didn't give an option to serve particulars separately. I had 1,080 characters which ended up being more like 600 to include everything.
  11. Sorry I had to take the photo on my phone and e-mail it to myself. I will try and take better photos. I think fraudsters working at vodafone gained access to my account and used a new sim card (under a different number) to run up the bill. I ordered the SAR but it only showed what happened, not who was responsible. This claim is about them not providing me with a service, I wasn't told what to do with the fraudulent stuff.
×
×
  • Create New...