Vodafone-cancelled contract/billing problems.

[timdrew]

Hi All

 

This is my first post on this site and my problems with Vodafone were the reasons I joined.

I have had very similar problems to Seellyfirst2, in that on 27.3.09 I mailed and cancelled my phone contract with Vodafone. I subsequently received incorrect billing. I wrote and disputed the bill and received a reply to that letter, though there was not reference to the cancelation mail I had sent. I wrote numerous more times disputing the bill and after receiving a warning that legal action might be taken, I wrote to Customer Services Director Jane Hext and did not receive a reply, I had enclosed a cheque for the sum I felt I owed and this was cashed so I knew that the letter had been received.

After receiving a letter from the debt collectors, I telephoned them and Vodafone and after a number of calls which lasted in excess of 2 hours Vodafone finally agreed that I did not owe them anything. Saying that still received a phone call from a rather rude man at the debt collectors who also had to admit that I did not owe anything, so hopefully for me this has been resolved.

Lee, your Customer Services is not very good!!!

Also just a side note purchased a Vodafone Broadband dongle online for laptop, after a few days the order was cancelled no reason given. Perhaps my credit rating has been affected.

Also Seellyfirst 2, it might be worth looking at compensation under Data Protection Act.

 

Kind regards All

[Dipply75]

subbing!

[timdrew]

By 'subbing' do you mean that I have put this post in the wrong place?

[MARTIN3030]

Welcome to the site TD.

Subbing means the other user will be following your thread to keep up with any progress.

You are in the right forums,but have posted in someone elses thread.I will move this into a thread of your own.

Feel free to post in other threads but try to keep your own issues in your own as it makes it easier for others to help.

[Dipply75]

Sorry Timdrew, didn't mean to confuse you there....I was about to reply to you when I heard my son creeping about upstairs (little horror lol) so just subscribed to your thread quickly so as not to lose you and went to chase him back to bed

 

Vodafone have put me through similar. The contract was due to end and phoned and e-mailed and cancelled, just waiting on a final bill. FINAL bill never came, just more monthly bills mounting up. Kept phoning and writing and was told each time...oops sorry, I can assure you it is now canx and all sorted.

 

Then got a letter from a debt collector - sent them packing! - still fighting with vodafone now. I've heard of quite a few....

 

Was the debt collector a company called dlc by any chance?

[timdrew]

Hiya

 

Thanks for moving the thread Martin, just felt that I wanted to post in the previous thread as Lee (from Vodafone) intimated that it was unusual not to receive a reply from customers services at Vodafone where my experience is that it is very common. Also the other person had written to the Customer Services Director and again in my experience this will do very little.

Hi Dipply no problem at all. Yes it was DLC and like you sent them packing, hopefully have it sorted with Vodafone now though you do not know what damage they may have done to my credit reference in the meantime. I have served them with a notice under Section 10 Data Pretection Act, which seemed to fit lol.

 

Kind regards

 

TD

[Dipply75]

Good luck...if they pop up again, let us know!

 

[buzby]

Er, Compensation from the Data Protection Act...? No such thing I'm afraid. Only the ICO can fine or prosecure - the punter has no rights in this regard.

[MARTIN3030]

A County Court can award compensation for breaches under the data protection act.

It can also force disclosure where it has been denied under the data protection act.

Previous cases we have seen on CAG have included one instance where a Judge ordered a data controller to appear before him or face prison.

 

 

Serving a section 10 notice has its purposes,but it should be remembered,by withdrawing permission for them to further process your data,you are effectively removing their ability to investigate any complaints once they have complied.

[MARTIN3030]

Have a read here too;

 

http://www.consumeractiongroup.co.uk/forum/abbey-cahoot-successes/104642-data-protection-act-damages.html

[MARTIN3030]

Non disclosure imprisonment threat against RBS Data Controller!

On the 21/11/06 a Royal Bank of Scotland customer was granted a County Court order in respect of the failure by the Royal Bank of Scotland to comply with his disclosure request under the Data Protection Act.

District judge Forrester, making the order commented that had the claimant been able to supply him with the name of the data controller at the Royal Bank of Scotland that he would have added a threat of imprisonment for non-compliance.

 

The Royal Bank of Scotland now has until January 2007 to comply with the users subject access request. The District Judge has indicated that if the Bank has not complied with the order by that time that he may make an order for imprisonment.

[buzby]

This may well have been in England - as there are countless actions against banks in Scotland where (as part of the usual Overcharging issue), pursuers have also added that there has been a legitimate default in the supply of information under the DPA. In each case, the Sheriff stated that this was an action to be pursued by the ICO and not competent as part of the charges claim. They then went on to stay the rest of the action pending the HoL outcome.

 

We all are aware that some judges over-reach themselves, sometimes they are challenged and other tmes it just is allowed to reach a conclusion. What is more relevant, is what happens in the majority of cases, and I would say that the standard outcome is for any action to be referred to the ICO for compliance.

[MARTIN3030]

"

We all are aware that some judges over-reach themselves, sometimes they are challenged and other tmes it just is allowed to reach a conclusion. What is more relevant, is what happens in the majority of cases, and I would say that the standard outcome is for any action to be referred to the Information Commissioners Office for compliance."

 

 

So are you saying that -Judges are wrong to be hearing breaches under the DPA ?

What do you mean by over - reaching themselves ?

[MARTIN3030]

This is from National Archives Scotland website.

 

The Data Protection Act (1998) allows an individual (the data subject) to request information about themselves held by an organisation. The information requested can be held in paper or electronic records and does not need to be accessed via a filing system. Such a request is known as a data subject access request.

 

As a data subject you have the right:

 

• to be provided with information about your data and its processing

• to inspect data held about you

• to prevent processing of your personal data, if the processing could cause distress

• to have inaccurate data erased or destroyed

• to be provided with a copy of your personal data in a permanent form

• to sue for compensation from data controllers who are in breach of the Act

 

At the National Archives of Scotland, we have a duty, if requested, to provide data subjects with a permanent copy of any data held about them within 40 days. If the data we provide is shown to be inaccurate, we must take steps to rectify it immediately.

 

 

Now as I seem to recall if you want to issue a summons then only a Court can deal with this....or maybe you are saying that only the ICO can file one ?

[timdrew]

Hi

 

Also something very interesting came up while I had my long phone call with Vodafone. They insisted that the account was a business one, which I assured them it was not. The account had been for my son while he was away at University, I had oaid forit to make sure he phoned his mother!!!

It jusyt happened that my son used to get a number of calls on his phone for smeone else and sometimes left messages which led him to beleive that they were after someone in a company. Is it possible that they had rented the number out twice and possibly have led to Vodafone not realising I had cancelled?

 

Tim

[MARTIN3030]

Tim maybe Lee will leave a comment here.

I specifically managed your thread title so he will see it.

[seelllyfirst2]

Subbing on this as away at present.

 

Thanks TD for your reply to my thread over this problem.

[Lee Vodafone Company Rep]

Hi Tim,

 

Sorry for the delay in getting to you, I've been away from the office for a few days.

 

As you've PM'd me I'll reply to there with some more instructions on how to contact me.

 

Thanks,

 

Lee

 

Web Relations Team

 

Vodafone UK

[MARTIN3030]

Lee can you please give again the details for contacting your Web team.

There are concerns and reservations about dealing by pms.

Tim -can you please keep us posted as to the progress.

Otherwise it defeats the object of you having a thread on CAG and could be seen as counter productive to those here to seek help.

[Lee Vodafone Company Rep]

Hi Martin,

 

I haven't forgot about your email to me earlier in the month and now that we've made some essential changes to our email system which will make things easier for us in managing this I'll be able to come back to you directly next week.

 

As Tim came across difficulties when sending his email using the steps he'd seen posted by me previously I've PM'd an alternative route to us.

 

Rest assured I've not asked him to PM me any of his details as I appreciate the concerns around doing this.

 

Thanks,

 

Lee

 

Web Relations Team

 

Vodafone UK

[MARTIN3030]

No problems Lee.

As you will appreciate,I am only part of the CAG team,and so I have to answer for any initiatives that I introduce single handed to the rest of the guys.

From the outset,I thought your presence here would be valuable and still do.

So I hope you can understand where I am coming from.

I appreciate that you need to have those with problems to email,you.

My posts were not so much to question that-rather that users here should continue to progress their threads here.

If they will disappear after their problems are sorted then thats fine-but we would like to know they have been given your Webteam attentions to resolve.

 

We appreciate that there will be some things that will take longer than others,and in some cases Vodafone themselves may not be able to offer 100% resolution.

But you are free to post just as everyone and if it is the case that the member is in the wrong-then equally this should be told.

 

CAG is first and foremost for the consumer,but we do not advocate debt avoidance nor those who complain after adverse actions are brought about by their own actions.

I think it is important to make these points clear.