Jump to content


  • Tweets

  • Posts

    • Hi,  I guess the DCAs have come out of hibernation as my friend has had a Claim Form today.  Honestly I feel like I have addressed this one but she can't find the folder box I gave her to keep all this nonsense in, but then the claim form has no information you could realistically use to find out what its from anyway(JD has a few names under their umbrella and she has had accounts with most of them over the years, some repeatedly as they keep lending to someone with no income.  Its ok at the start when its only a little bit but they rapidly put it up and up until she owes in the high hundreds/low thousands instead of the £150 she is initially given, she always intends to keep it in good standing but there is a massive difference between paying £20 a month and over £100) and the usual poor grammar that should be an embarrassment to any normal legal firm, but I suppose these people have no shame.   Anyway, I assume its the same respond for more time and send off a CPR and CCA?   Name of the Claimant ?   Cabot Financial Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 22/02/2021   Particulars of Claim   What is the claim for – the reason they have issued the claim?  By an Agreement between JD Williams Ltd RE Jacamo & the defendant dated XX ('the agreement') JD Williams Ltd RE Jacamo agreed to issue the Defendant with a credit account.  The Defendant failed to make the minimum payments due.  The Agreement was terminated following the service of a default notice.  The agreement was assigned to the Claimant.  THE CLAIMANT THEREFOR CLAIMS 1.8XX.XX 2. costs   What is the total value of the claim? £8XX.XX    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser   Were you aware the account had been assigned – did you receive a Notice of Assignment? Possibly, she was(and is) very poor at keeping and responding to correspondence.     Did you receive a Default Notice from the original creditor? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Why did you cease payments? More than she could afford.     What was the date of your last payment? No Idea as we do not not which account it is for.     Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Possibly but can't say for sure.    
    • Thank you Andy/Dx   UPDATED Defence, 3 days remaining.   Not sure where to mention invalid PAP. I put it under number 5. Please check if this is good to go.   Defence   The Defendant contends that the particulars of claims are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) – failed to serve a letter of claim pre-claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   1. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the precise details of the agreement and have sought clarity from the claimant.   2. However, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.   3. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   4. I do not recall ever receiving a letter of assignment from the Lloyds Banking group advising the debt was assigned to the claimant.   5. Claimant served the invalid PAP with no connection to their court claim,   6. On receipt of this claim I sent CPR 31.14 and section 77 request. The claimant failed to provide a valid copy of the agreement and therefore remains in default of said request.   7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:-   a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice/Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.      
    • no.   i wonder if the OP is entitled to CTAX benefit, thats only available from the relevant council...most on UC can get it..   but your MP is by far the most successful route to sorting these issues we've seen here to work.
    • dx100uk  unclebulgaria67   OP is on UC.   Could the council apply for weekly amounts to be deducted from UC claim ?
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Vodafone make me want to scream!


Please note that this topic has not had any new posts for the last 4308 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Aaaaaaghhhh!! Tha's so much better!

 

I have been in continuing correspondence with Vodafone for nearly a year now, since my contract account with them fell into arrears due to them setting up a direct debit wrongly, not just once but twice, and also trying to take payment from a credit card which I no longer have. They managed to cut off my phone (and my husbands) on two separate occasions as they still couldn't sort out their system, and in the end following a strongly worded complaint, they agreed in writing to waive 50% of the outstanding amount, and accept payment of the other 50% in two installments, whilst at the same time releasing the account from commitment. At that point I was reasonably happy with the deal, and paid them their two installments in early December and early January.

 

I then heaved a sigh of relief that it was all sorted and went happily about my business....Until the end of Jan when their bill arrived. I rang them, noted call times etc and was told it was an error, the account would be recredited and not to worry. I was told the same thing in February when I got a further bill with an unpaid amount from Jan and a new amount from Feb (bearing in mind we have not been using these phones since Oct last year) They sent me another bill for March which appropriately enough arrived on April Fool's Day, so this time I have written to them at their head office, giving them fourteen days to sort it out.

 

Today I got a telephone call which started with a recorded message telling me a company called C J Garland needed to talk to me urgently, and to press 1 if I was Galena - I was curious so I did. I got put on hold with a message happily informing me that an advisor would be with me shortly, and I wasn't being charged for the call. Eventually someone called Richard answered and asked me name. I said he should know it since he had called me, and who was he? He said he was from C J Garland, and when I said that I had never heard of them he said they were calling on behalf of Vodafone.

 

The penny dropped immediately, so I harangued him gently about suggesting to Vodafone that they check their records as the suppoed debt which they had passed on a) did not exist and b) had been in dispute for the last three months. He wanted my details again, which i again refused to give and he rather huffily informed me that they would have to contact me in writing in future. Good, you do that, said I and hung up.

 

I have reported both Vodafone and C J Garland to the OFT and I have to let them know if these Garland mob contact me by post. Vodafone have until next Friday to reply to my satisfaction and if they don't then I'm going to start pursuing them for harassment and for my costs. Frankly, I'm so steaming mad I don't care if it costs me money :mad:

 

Sorry for the very long post, but I had to let off steam!

Link to post
Share on other sites

I've just received a demand for payment within 7 days from this Garlands mob - they have a website http://www.cjgarland.co.uk/home/ How can they win awards for business when they are clearly in breach of OFT guidelines? The world has gone mad!

 

I've written back, thanking them for drawing my attention to their client's breach of the OFT debt collection guidelines and telling them not to contact me again :D

Link to post
Share on other sites

Vodaphone and garlands are also in breach of the CPUTR ;)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

Link to post
Share on other sites

Hi Galena

 

I was truly disappointed to hear about the difficulties you have had with you account.

 

I work for the Vodafone eForum Team and we are dedicated to solving customer queries on line.

 

I would love the chance to investigate this for you.

 

Send me and email from the Contact Us page of our website with a link to this thread and FIT135 in the body of the text (so that you are routed straight to my team) and I'm sure we can help you.

 

Speak to you soon!

 

:cool:

 

Kirsty_Vodafone

Vodafone Customer Services

eForum Team

Link to post
Share on other sites

Kirsty - I don't wish to appear rude, but if you take the time to re-read my OP you will see that I have attempted to resolve the matter with the Vodafone customer service team on more than one occasion, and each time I have been told things will be done, which then quite clearly haven't been.

 

You will also see from my OP that I have escalated my complaints through correspondence with your head office, and I am expecting to receive a reply from them within the next forty eight hours. If I do not do so, I will be pursuing the matter through the appropriate channels.

Link to post
Share on other sites

Kirsty,

 

While I appreciate your comments are well-meant there is a large amount of evidence here and in places like the Sunday papers that customer service departments of utilities actually achieve very little.

You ring up and arrange something - and then nothing happens.

 

Because of this there is a large amount of scepticism on here about comments such as yours.

 

However I do hope the OP takes you up on your offer - and lets us know how things turn out.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

Link to post
Share on other sites

Galena,

 

I was once was a so called valued customer to Vodafone. I paid my contract on time and done my full 18 months. I then phoned them to finish my contract and they done this for me. A month later I get a red bill saying I owed them £11 (which I didnt). I phoned them and had some snotty woman tell me I had cancelled my contract early so I owed the money. I was losing my rag with her and slammed the phone down. I registered with the vodafone e-forum and they were a lot more helpful than the idiots on the phone. I would suggest maybe giving them a try. They helped me so HOPEFULLY they can help you.

 

Sploits :p

<----------- If I have helped in any way please click on my scales :p

Link to post
Share on other sites

I understand from the OP view, but really how often does someone from the OC really make the effort to register and post offering to resolve it??

 

Perhaps give it one more go?

Link to post
Share on other sites

Anything within reason is worth a try and a bit of your time...

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

Link to post
Share on other sites

My last letter to Vodafone, gave them a fourteen day deadline to respond. That deadline is up tomorrow - needless to say I have not had a response from them so far, unless the telephone call from Garlands was their way of responding :roll:

 

Under the circumstances, if I do not hear from Vodafone tomorrow, I will take Kirsty up on her offer to investigate this, although I have previously dealt with Vodafone's customer services operatives (on more than one occasion) and to a one, they have failed to action any of the things they have said.

 

Consumers should not have to publically declare that they have reported a company to the OFT and Trading Standards in order to receive a response!!!

Link to post
Share on other sites
My last letter to Vodafone, gave them a fourteen day deadline to respond. That deadline is up tomorrow - needless to say I have not had a response from them so far, unless the telephone call from Garlands was their way of responding :roll:

 

Under the circumstances, if I do not hear from Vodafone tomorrow, I will take Kirsty up on her offer to investigate this, although I have previously dealt with Vodafone's customer services operatives (on more than one occasion) and to a one, they have failed to action any of the things they have said.

 

Consumers should not have to publically declare that they have reported a company to the OFT and Trading Standards in order to receive a response!!!

 

 

Too right!!! And companies should not have to trawl forums to see what their customer's complaints are!!! :evil:

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

Link to post
Share on other sites

I have to say though, a very brave lady from the forums, to risk being verbally harangued!! Maybe it would not do any harm to give her and her team a try!

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

Link to post
Share on other sites

ok i have to say if it was me i would send them a bill.

 

the only thing they understand is money,

 

what ever reason they may give etc. , if they have to pay out a lot money may be just maybe they might look at their procedures i do believe that there is case

law where british gas had to pay out a considerable sum

 

How British Gas ended up in court for being too heavy-handed with customers

Joshua Rozenberg

25.02.09

If businesses find themselves sued and even facing criminal charges for harassing their customers in the coming months, they will know which company to blame. British Gas has quietly settled the claim by a former customer that brought it so much bad publicity this month.

 

But the settlement - which neither side would discuss - came too late to stop two senior appeal judges calling on local trading standards officers to bring criminal proceedings against companies that treat their customers in the way alleged by Lisa Ferguson, 47, from Bromley.

 

"It is one of the glories of this country that every now and then one of its citizens is prepared to take a stand against the big battalions of government or industry," Lord Justice Jacob said in the Court of Appeal.

 

Although Ferguson had changed from British Gas to another supplier in May 2006, she received bill after bill, threatening letter after threatening letter, over the following eight months.

 

Ferguson, a self-employed property investor, accused British Gas of pursuing a course of conduct that amounted to harassment of her - and which the company should have known was harassment.

 

This is a criminal offence under the Protection from Harassment Act 1997. Victims may also claim damages in the civil courts for anxiety and financial loss, as she did.

 

The 1997 Act was designed to deal with the problem of stalking, especially by strangers. But whoever drafted it must have been unfamiliar with the law of unintended consequences. In 2006, the Law Lords confirmed the Act could be used by employees bullied at work, although the Court of Appeal restricted its use in bullying cases a year later.

 

Martin Porter QC, for British Gas, may have hoped to stop the 1997 Act spreading still further - this time to the supplier-customer relationship. If that was why his clients tried to have Ferguson's claim struck out ahead of a full hearing, their tactics backfired.

 

"I accept that a course of conduct must be grave before the offence or tort of harassment is proved," said Lord Justice Jacob this month. But it was "strongly arguable", at the very least, that Ferguson's allegations, if proved, would satisfy that test.

 

The judge also rejected the QC's claim that consumers should take computer-generated letters less seriously than those written individually. How was Ferguson to know that the computer would not have sent false information about her to a credit reference agency? If British Gas had persuaded the Court of Appeal to throw out Ferguson's claim at this preliminary stage, the company would have claimed legal costs from Ferguson of more than £20,000 - for a one-day hearing.

 

"It ought not to be left to hardy individuals to put their savings and homes at risk by suing," said Lord Justice Sedley. "The primary responsibility should rest on local public authorities - which possess the means and the statutory powers to bring alleged harassers, however impersonal and powerful, before the local justices."

 

Conduct bad enough to justify a civil claim would also suffice for a criminal prosecution, he explained, although a higher standard of proof was needed.

 

As a result of this precedent, consumers will now be pressing trading standards officers to bring prosecutions. The law firm Weightmans advised clients with automated billing systems to keep a close eye on their computers, ensuring that any errors or complaints were dealt with immediately.

 

British Gas has learned its lesson. "The error happened in 2006 at a time of significant system changes which adversely affected a very small number of British Gas customers," a spokesman said. "Since then the improvement in our customer service is well documented, with a 90% decrease in complaints."

 

Except, I suppose, from the first business to pick up a criminal record for harassment by computer as a result of this case.

 

Link to:

Id quot circumiret, circumveniat.

 

please do not take my word for anything please do your own research All that i make comments on are done in good faith and to the best of my knowledge

Link to post
Share on other sites

A quick update - Vodafone have responed to my complaint. I received a letter from them yesterday, in which they acknowledge that the account should have been cancelled (although they have tried to imply that the fact that it wasn't is down to me not understanding that I needed to give them 30 days notice - the fact that my letter to them in November stated "I expect my contract to be terminated immediately with no penalty") and that the alleged debt will be cleared in full.

 

Unfortunately, CJ Garland clearly didn't refer back to the client on receipt of my letter to them, since I received another demand letter this morning. I'm sending a copy of the letter from Vodafone, and I've asked them to confirm that my details have been removed from their records, although I strongly suspect that they won't provide that.

 

I phoned Garlands this morning and the rather rude young lady there told me that they had checked with Vodafone who had told them that the debt was still owing. I very much doubt that, since my letter was signed for on 21 April, which is the same day that Vodafone wrote and told me that the debt did not exist!

Link to post
Share on other sites
  • 3 weeks later...

An update - following my letter from Vodfone confirming that there was in fact no debt, I wrote back to them expressing my concerns that they had ever passed on a disputed debt to their debt collectors.

 

On Friday, a message was left on my landline voicemail, apologising for their errors and their delay in dealing with my complaints, and advising me that a further letter would be coming out to me.

 

I received their letter today - apparently they understand my frustration at being contacted by the debt collector after I had been told by Vodafone that there was no debt. They pointedly did not address the fact that as the debt has been in dispute from the outset, if should never have been passed on in the first place!

 

However, they have also apologised, contacted CJ Garland and confirmed that me details have been removed from their records, and also confirmed that any payment default information passed on to credit companies about me has been replaced with dispute icons instead. They have also requested a cheque for £50.00 to be sent to me to cover my postage & telephone costs, and as a goodwill gesture.

 

As far as I am concerned that will be the end of it - but I won't be recommending Vodafone's services to anyone else in a hurry!!

Link to post
Share on other sites

Congrats on getting that of them Galena. As far as I can tell, all mobile providers leave a lot to be desired :rolleyes:

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...