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Bilbo-K

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About Bilbo-K

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  1. You will of course need to state your complaint which is slightly different to mine. I would send the LBA. Under the Civil Procedures Rules which can be found here [not allowed to post link as have insufficient posts] but is on the justice dot gov dot uk site you will see that there is a general protocol and then specific ones for more 'specialist' causes of action. Under the general protocol "Steps before issuing a claim at court" 6. Where there is a relevant pre-action protocol, the parties should comply with that protocol before commencing proceedings. Where there is no relevant pre-action protocol, the parties should exchange correspondence and information to comply with the objectives in paragraph 3, bearing in mind that compliance should be proportionate. The steps will usually include— (a) the claimant writing to the defendant with concise details of the claim. The letter should include the basis on which the claim is made, a summary of the facts, what the claimant wants from the defendant, and if money, how the amount is calculated; (b) the defendant responding within a reasonable time - 14 days in a straight forward case and no more than 3 months in a very complex one. The reply should include confirmation as to whether the claim is accepted and, if it is not accepted, the reasons why, together with an explanation as to which facts and parts of the claim are disputed and whether the defendant is making a counterclaim as well as providing details of any counterclaim; and © the parties disclosing key documents relevant to the issues in dispute.
  2. Vodafone [ ] Vodafone House [ ] The Connection [ ] Newbury [ ] Berks RG14 2FN [ 2016] Vodafoner Ref / Account: [ ] Mobile phone no: [ ] DearSir/Madam Letter before legal proceedings I have been a customer with Vodafonesince [ ] On [ ] I requested that Vodafonechange my direct debit details to another account. On [ ]I had a credit checkcarried out which resulted in my application for credit being declined. On investigation, it seems that Vodafone failed to set up a direct debit as requested by me on [ ]. This has resulted in my account with Vodafone going into arrears. It appears that at no stage has Vodafone attempted to contact me and advise me that my account was in arrears. Further Vodafone have added this arrears information to my credit file with at least one credit reference agency,Equifax. On being made aware of the arrears, I immediately cleared the [ ]owed and set up another direct debit. After numerous phone calls and wasted time with customer representatives, I was informed that the credit department would not remove the information from my credit file. Following yet further calls and wastedtime, I raised a formal complaint with a customer representative [ ]. This was at approximately [ ].She advised me that somebody would respond to my complaint within 5 days. This has not happened. Therefore if Vodafone does not respondto me within a reasonable period of time (in accordance with the guidelines laid down in the Civil Procedure Rules Pre-Action Protocols) with asatisfactory proposal to resolve this situation I shall begin legal proceedings. ActionsVodafone needs to take to avoid legal proceedings 1. Amend my credit files with all the credit reference agencies used by Vodafone by removing arrears information. 2. Make a satisfactory offer ofcompensation for: · damaging my financial reputation · expenses incurredwith regard to credit reference agencies and other information requests. · wasting my time. Yours faithfully, ------------------------------------- [ ]
  3. Vodafone have now resolved this. Having asked for an SAR I was phoned up by Vodafone (Friday 18th March) who wished me to go through security before they could action the SAR. I was then asked if it was because of a complaint - I explained the situation as per my post above. I also said that Vodafone had failed to respond to my complaint made verbally over the phone to a rep (name, time and date of call provided). I also explained that I had sent a 'letter before action' explaining the steps Vodafone needed to take before legal proceedings would be initiated by me against them. Cause of action would be defamation of my financial reputation due to their negligence and wasting my time etc. I also said that under the Civil Procedure Rules (Pre-Action Protocols) Vodafone had 14 days to respond - that meant that I would be drawing up the papers with MCOL as of 22nd March. I was asked what I would be prepared to accept. I said that they needed to update the credit reference agency information about me and that it needed to be done in 48 hours -so allowing for the weekend they have done this - credit file updated as of today. I also said that they could contribute £150 to my annual Equifax subscription which they have agreed. Takeaways from this sorry affair are: 1. Keeping accurate records is so important. Even if it is notes of phone conversations with reps (get name date time etc) 2. If you have the records / evidence don't bother trying to sort it out with reps over the phone. Make the complaint, follow up with an SAR and send an LBA - this whole process has taken just under 3 weeks to resolve. 3. If a company does agree to amend the credit file it can be done very quickly - do not be fobbed off with it could take up to 1 month etc. 4. If you dont have the records / evidence etc and the company will not amend the credit file put your side of the story (up to 200 words) as a note to the credit file entry. Lenders are required to take these notes into consideration when assessing credit applications - won't help with automated enquiries. In some ways I feel I have probably let Vodafone off the hook lightly. It is clear they and other companies are abusing the credit reference agencies and stepping outside the codes of practice agreed with the information commissioner. I have been lucky in that I am not in any desperate need for credit and my credit score was still excellent despite the arrears noted on my file
  4. I have been a Vodafone customer since 2003. Back in September 2015 I asked Vodafone to change my direct debit to another account (apparently they have a record of the request on my account notes). The other day whilst trying to set up new mobile phone account for my 11 year old daughter with another provider my application was turned down following a credit check. I have never had a credit problem so signed up with Equifax to see what was going on It appears Vodafone failed to set up the d/d and consequently my account has been in arrears for several months. At no stage did they contact me to notify me of the situation - clearly that would be too difficult for a mobile phone company! I immediately called up Vodafone, cleared the o/s balance and set up a new direct debit. I asked for the credit file to be cleared. Apparently they will not do this because it is 3 months in arrears. To cut a long story short ( hours on the phone hanging on etc) I have made a formal complaint through one of their customer reps...made so much harder as you cannot do it through their web site - currently undergoing some modification - either that or they can't cope with the volume of complaints. In making the complaint I have advised them that I will begin legal proceedings against them unless I hear back from them within the 5 days that they promise. I have also made a Subject Access Request and have begun the process of complaining to the Information Commissioner – Vodafone are in breach of Principle 1 of the code of practice set up “Principles for the Reporting of Arrears, Arrangements and Defaults at Credit Reference Agencies” agreed with credit industry and the Information Commissioner i.e. Principle 1 is: Data thatis reported on your credit file must be FAIR accurate, consistent, complete and up to date. Given the appalling customer services people have come to expect fromVodafone, I do not expect to hear back on my formal complaint any time soon. I have drafted the LBA to kick off the MCOL process for damages in respect of my financial reputation due to their negligence, my time, extra expense etc Is there anything else I can do? Comments appreciated
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