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Consumer2020

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  1. @BankFodder you said earlier on this thread that it is more likely than not better to make a claim without instructing solicitors on a basis of a conditional fee agreement. I actually did explore this option carefully, and received one CFA for this case to be signed. Now, I would like to make an informed decision whether to actually sign it or rather just go and file a claim on my own. I believe I have a very strong case, as in addition to wrongfully defaulting my credit file, during the process with CISAS Vodafone also used my old address to send me final resolution, despite my actual correspondence address being clearly outlined on the letter and despite numerous cautions to correct my address on their file. The conditional fee agreement I have received from one firm uses Law Society's template. what you were referring to earlier in this post @BankFodder is that the solicitors would pretty much want pursue Part 36 Offer with an aggressive letter to the defendant and would not necessarily want spend a lot of time diving into the details of the claim or negotiating the compensation for the damages, if they actually receive the settlement offer later on?
  2. All in all, managed to settle this through CISAS for a small amount, but was encouraged to bring a data protection claim separately, as this was out of CISAS's scope.
  3. If anybody is interested, this helped me understand negligence and damages
  4. Fair points. It definitely makes me consider to specify the costs better. Hey, I am just doing my best battling all this corporate abuse; it feels like I need to high five myself when you say thinks like this I received now everything they have on the platform on me/us through CISAS, but not also SAR that I requested directly from Vodafone. I think I will just do it on my own this time, so I learn how to and prevent any similar complications in future in the get go. Good points to consider honestly.
  5. I will be honest, I have very little experience with all this (never been to other court than the supreme one as a visitor ), and it is the first time that I am going through this adjudicator process, so I can I prefer to be more careful than less I have received quite a lot of data now on CISAS platform, about 60 pages altogether, so it takes me quite some time to process all this too, plus trying to stay calm, given how distressful this case has been so far. Finding all these things is a bit like going through labyrinths, given how many updates there were on their plans and how many plans they have. It must have been something similar, it was unlimited texts, minutes and calls I think and it was promoted as a business to me and at that time I only had a limited business, no sole trader businesses for which I could possibly contract with Vodafone.
  6. Ok, that is good to know. I have been studying Data Protection Act 2018 now, I want to know this very well for the future. As for the contract legislation, which act do you think could be the most relevant here? Ok, I see. I need some more time to organise all this well. Alright As for my privacy claim among others, I have found some of the cases on this website somehow helpful: https://www.hutcheonlaw.co.uk/claims/data-protection/ Form what I understand I can make a breach of privacy claim arising just from the fact that it was breached, as this has been determined to cause distress on its own, judging by Vidal-Hall v Google case, https://www.fieldfisher.com/en/services/privacy-security-and-information/privacy-security-and-information-law-blog/vidal-hall-v-google-a-new-dawn-for-data-protection-claims As for how much I could claim, I have found this Cooper v Turrell case that makes me think that I could claim much more (up to £40,000.00?!) than I originally intended, although I still need to up my knowledge on that. https://inforrm.org/2012/01/06/case-law-cooper-v-turrell-the-assessment-of-damages-in-libel-and-privacy-hugh-tomlinson-qc/ Alright, I do need a little bit more time to organise all this though. Understood. I am about to explore this (especially all the six legal bases for processing date) a bit further and get back when I am ready.
  7. Thanks for your perspective, anything helps as I am exploring this. As an entrepreneur I have a bit of a different strategy, so in this case I called a few companies I found on Law Society to inquire about the case and learned a few things this way. Initial assessment is pro-bono anyways. One company told me they would only take cases where the company admitted the breach of privacy and would also charge on a no-win no-fee basis. They also told me that they would negotiate settlements with the insurers of the companies, such as Easy Jet... Thanks again for your perspective, and I can now totally understand where you are coming from. I will explore a bit, because I really want to understand these things well, but again I understand what is the position you are coming from in this case too. For now I would prefer to have it undisclosed, I simply feel more comfortable this way. I signed two agreements and there was a sheet with terms and conditions at the back of both papers. Vodafone then referenced some other versions that included different clauses, however I do think that they might be updated versions of the same terms and conditions and out of their convenience they simply quoted those, which is what I find to be negligence. From what I remember we both signed two copies and they should bring out their copy of the agreements and quote the applicable terms and conditions on those agreements. I believe so, yes. Yes, I need to organise my things and thoughts a little bit further and plan to post that here in due course. Just writing here does help with organising my own thoughts and preparing the case No, but they did send the some interpretations now on the CISAS platform when they were defending their case.
  8. If I would send you this via email, it would also mean I would have to reveal my or my company's identity automatically, since I dont have burner emails or anything like that. I have to say I would prefer to stay anonymous until I understand better any implications that sharing any confidential information might have.
  9. Also, I feel completely comfortable preparing my case on my own, if anything I have learned through this that I have very strong interest in law. Hence, the most helpful thing for someone to do, would probably be to reference all the legislation relevant for this case. I enjoy reading all the acts and looking long term it will be probably more impactful for me if I learn how to discover on my own things such as how much can claim for all the listed things. I believe deep learning about something so practical as how to make a legal stand for yourself is very important.
  10. I can absolutely appreciate your perspective, however the fact is that we had a business agreement, we had unlimited texting plan, we were texting for business and we were not told or warned what Vodafone would consider abusive.
  11. Wait, hang on a second. I would like you to understand that I really feel distressed by this case itself already. I am trying to provide as much information for anyone who might be in similar situation to know that they are not alone out there being anxious when dealing with this sort of frustration. I called CISAS just now and they confirmed that the image is clear and that they can read it and if adjudicator would need any further assistance they would contact me. I am trying figure out what medium to use for T&Cs to provide as much information as possible for everyones benefit, but do I need to feel patronised for trying to be constructive? If you can answer some things that is amazing, if not, no hard feelings; I will be fine and can find solicitors on Law Society or elsewhere too. I know how to Google things and find a pdf to text converter, it just time consuming so I hope I manage to do it sometime soon. Until then we can just leave this thread open and it will all still be fine. Yes, that is what actually happened and I explained what is the evidence for this in my initial post. So, what is wrong with that? I am learning now how to complain and take a stand, so I thankfully managed to explain and sort it out. You seem to keep misunderstanding that I have been really distressed by this case, yet I am trying to be as polite as I can and explain things for the service of all here -- and so was CISAS on their platform. I am trying to figure out whether you are being ironical to help me getting prepared for some tougher argument, because now this is being a bit too challenging. In some cases it is hard to understand the other side, including you here when you might be using dictation software. It is completely reasonable to inquire about the other sides position and sort the matter out to the satisfaction of both sides. I think in both cases we are speaking about the same business agreement because a business either run by a sole trader or by a limited company is in both cases still a business, but the problem was their agent thought that I as a sole trader run a limited company business, since limited company was clearly listed on the agreement. So far -- as mainly outlined in my initial post and also judging by their response in the CISAS platform -- I have been very unconvinced by Vodafone's efficiency except for that one occasion when I reached out to one of their directors. I can fully appreciate that and all I want is to be treated fairly as per all the associated legislation. I am very certain treatment so far has been extremely unjust but in any case I will respect the outcome on the arbitration and then decide whether I want to take further steps. As for the confidential document I would prefer to learn first whether I can disclose it under certain conditions, such as this one where it is supposed to benefit the defence of my actual case.
  12. Unfortunately I only have a phone to make photos at the moment, but all this actually made me realise I should send a better copy to CISAS somehow. I need to think how this can be done now. I do appreciate your time and effort in any case, it is a great forum and I am glad I discovered it and I think it is ok if you are a bit challenging, because I have a feeling they will be much harder there.
  13. We were trying to reach about 1000 to 5000 different people on different occasions within a week from what I can remember, so for that it took us about I think up to 50 groups.
  14. How specific would you like me to be? We used group texts about twice a week.
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