Jump to content


  • Tweets

  • Posts

    • If anybody has any advice here, it would be greatly appreciated, I already suffer with pre-existing disabilities & have struggled with this so far. 
    • so return of goods order etc etc read upload  scan pages to jpg, redact in mspaint. the convert to and merge to one mass PDF  read upload and use the online listed sites for all 3 stages. do you want to keep the car? i will guess this was a manual paper claimform direct from the co.court or was it org sent from salford bulk processing and has just got reaq ssigned?      
    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue –  29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM 1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached  2.  The price of the goods was £15,995.00. The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month. 3.  The following were expressed conditions of the set agreement, Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us. Clause 9.  Effect of Us Terminating Agreement 9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate 4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:- a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement  number xxxxxx. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     The total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by First class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges 5.  At the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage. Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024  What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   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 ? In a garage  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. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   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? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg  
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Looks like I'm gonna have to take Vodafone to court


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4664 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I have been dealing with a Vodafone/Fredericksons issue for my daughter (with her authorisation)

 

I sent VF a SAR on 18/01/2011

Reply dated 31/01/2011. All they sent were screenshots of account history, nothing else.

Sent letter dated 9/01/2011 asking for the rest

Sent another letter dated 10/03/2011 giving them 7 days to comply

Letter dated 14/03/2011 querying the letter dated 9/02/2011 saying they hadn't received (yes they did-I have the proof)

Sent another letter back on 17/03/2011 giving them a further 7 days to comply

 

Nothing back, no communication-nothing-nada-zip:evil:

 

I will be doing a LBA later on giving them a last chance.

 

My query though. If I end up taking them to court, will it have to be in my daughters name or mine? Can I act on her behalf in court?

I'll find out which court forms I need nearer the time

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

double post

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

Well I never got round to sending the LBA. Glad I didn't send it now as I got some more stuff through the post this morning. Just need to reconcile the data against what I already have. VFs Code sheet runs to 41 pages :!:

 

They are still refusing to supply a copy of the contract saying it is outside the scope of the DPA 1998 and the CCA 1974 so I need to work out another way to get sight of it. They say it is stored off site (which is fair enough) so if they were to supply the address of where it is stored, I would be prepared to visit and get a view of it.

 

What has come to light is that VF never sent any letters until after the account was terminated. How can VF default an account without giving the customer adequate notice to rectify the default.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

Why on earth is a company able to refuse to supply you with a copy of the contract? How can that in any sense be fair when the contract is what sets the rights of both parties - if you can't see it, how can you comply by it?

Link to post
Share on other sites

They have told me I can go on to the website to see terms and conditions however, after a good look around I can only find T's&C's going back to 2009 and my daughter initially took out the contract in 2006 and upgraded in 2008.

My biggest beef is about the default. No DN was sent-ever. They just disconnected with no notice. My daughter was cr*p at paying on time but still they should have given fair notice that this would happen if the bill wasn't paid on time.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

I agree

 

Vodaphone seem particularly bad at this. Does the SAR show that they didn't try to contact before registering the default? I am sure that is contrary to the ICO guidance.

 

Vodaphone are also pretty good at saying that the info is correct & won't be removed. The threads in the CRA forum look promising - the original party has right to continue processing personal information after the contract has been terminated & the CRA is acting as the agent of the original provider

Link to post
Share on other sites

It's very hard to work out exactly what means what on the screenshots but it is perfectly clear that they disconnected on 20/08/2008 with absolutely no written contact before that. I'm not saying two wrongs don't make a right but VF should have let her know what would happen if she didn't pay-they didn't.

 

I would like to know what regulations they use to default anyone. If they are not covered by the CCA 1974 then what?

 

There is also the issue of her paying the full contract rate. If her contract was just line rental then I can accept that but where there are features involved (free calls/texts) which won't be provided after the contract is cancelled, should she be charged for them. It's a bit like money for old rope. Make em pay the full bill but don't provide the service. Sour grapes maybe but it just seems wrong to me

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

I would like to know what regulations they use to default anyone. If they are not covered by the CCA 1974 then what?

 

There are no regulations specific to mobile phone contracts and defaults as far as I'm aware. The DPA would apply as it does to all processing of data.

 

Your daughter would have agreed that Voda could record information with 3rd parties such as CRAs about her payment performance under the terms of the contract, when she entered into it. Voda then recorded this information on your daughter's credit file in accordance with this contact. The dispute is a contractural one.

Link to post
Share on other sites

Well I never got round to sending the LBA. Glad I didn't send it now as I got some more stuff through the post this morning. Just need to reconcile the data against what I already have. VFs Code sheet runs to 41 pages :!:

 

They are still refusing to supply a copy of the contract saying it is outside the scope of the DPA 1998 and the CCA 1974 so I need to work out another way to get sight of it. They say it is stored off site (which is fair enough) so if they were to supply the address of where it is stored, I would be prepared to visit and get a view of it.

 

What has come to light is that VF never sent any letters until after the account was terminated. How can VF default an account without giving the customer adequate notice to rectify the default.

 

They have told me I can go on to the website to see terms and conditions however, after a good look around I can only find T's&C's going back to 2009 and my daughter initially took out the contract in 2006 and upgraded in 2008.

My biggest beef is about the default. No DN was sent-ever. They just disconnected with no notice. My daughter was cr*p at paying on time but still they should have given fair notice that this would happen if the bill wasn't paid on time.

 

Hi silverfox,

 

Without checking the airtime account in question it's difficult for me to comment further on this.

 

However, I'll take a look at this and will get in touch with you as soon as I can.

In regard to obtaining a copy of the airtime service agreement I'll also follow this up internally and get back to you once I have an update.

 

It's very hard to work out exactly what means what on the screenshots but it is perfectly clear that they disconnected on 20/08/2008 with absolutely no written contact before that. I'm not saying two wrongs don't make a right but VF should have let her know what would happen if she didn't pay-they didn't.

 

I would like to know what regulations they use to default anyone. If they are not covered by the CCA 1974 then what?

 

There is also the issue of her paying the full contract rate. If her contract was just line rental then I can accept that but where there are features involved (free calls/texts) which won't be provided after the contract is cancelled, should she be charged for them. It's a bit like money for old rope. Make em pay the full bill but don't provide the service. Sour grapes maybe but it just seems wrong to me

 

When any airtime account is cancelled prior to the minimum contractual commitment has been fulfilled and early cancellation fee will be billed to the customer's next monthly bill. This is calculated at the agreed monthly line rental rate minus the VAT and multiplied by the number of months remaining.

 

I'll also check this to make sure it's been calculated correctly.

 

Thanks,

 

Lee

 

Web Relations Team

 

Vodafone UK

Link to post
Share on other sites

When any airtime account is cancelled prior to the minimum contractual commitment has been fulfilled and early cancellation fee will be billed to the customer's next monthly bill. This is calculated at the agreed monthly line rental rate minus the VAT and multiplied by the number of months remaining.

 

Typical - don't supply the service but charge for it as though it had been supplied.

 

If a comms company is going to recover the money, why can't they continue to supply the service?

Likewise if they are going to cut you off, are they entitled to charge as if they had provided the service?

 

This doesn't represent their actual losses. Is this why mobile cos sell debts rather than litigate?

 

This might be in the terms and conditions, but are they fair (ie not contrary to unfair trading legislation) and lawful?

Link to post
Share on other sites

Typical - don't supply the service but charge for it as though it had been supplied.

 

If a comms company is going to recover the money, why can't they continue to supply the service?

Likewise if they are going to cut you off, are they entitled to charge as if they had provided the service?

 

This doesn't represent their actual losses. Is this why mobile cos sell debts rather than litigate?

 

This might be in the terms and conditions, but are they fair (ie not contrary to unfair trading legislation) and lawful?

 

In answer to your questions, they can't continue to supply the service because the person they have cut off has demonstrated either an unwillingness or inability to pay their bills, in which case it is perfectly reasonable to prevent them from accessing the network and increasing the charges they owe until such time as they do pay their bills.

 

 

Whether they can continue to charge if the person they have cut off no longer able to pay their bills would depend on the wording of the contract, in most cases I'd imagine though it will state that if the customer breaches the terms of the contract they are liable for the remaining months.

 

I've commented on actual losses before, if you of your own free will enter into a contract with a phone company for 18 months agreeing to pay a specific amount per month, then you default on the contract after six months, the network have actually lost the other twelve months you agreed to pay for, it is an actual and a recoverable loss.

 

IMO they sell debts because the debt recovery process is cheaper than litigation, they don't want to pay the solicitors and court fees required to chase these debts through the courts except in the case of large debts.

 

Whether or not the contract terms are fair would be something only a court could decide, you could try to advance the argument that the contract terms are unfair in accordance with the UTCCR before a Small Claims Court, however, you'd be doing so against the Legal Department of a multinational company and I'd imagine Voda don't hire idiots for legal counsel - it'd be very much an uphill struggle. In any case I'm not all that certain that the contract terms are unfair, so I'm not certain you could convince a judge of that.

Link to post
Share on other sites

The issue with the costs are that the contract is for line rental with the extras thrown in for 'free' (phone, calls, texts etc.) however, these costs are factored into the line rental (you don't get anything for free)

 

I will also be taking VF to task over their 'administration fee' In the terms and conditions, VF state they will apply a reasonable admin fee. Does 15% or £100 (max) seem a 'reasoanable' fee. My daughter was charged around £95 as an admin fee. This (to me) is an unfair term as they are not quantifying their costs, just slapping on the charge irrespective of how much work has gone into admin

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

In answer to your questions, they can't continue to supply the service because the person they have cut off has demonstrated either an unwillingness or inability to pay their bills, in which case it is perfectly reasonable to prevent them from accessing the network and increasing the charges they owe until such time as they do pay their bills.

 

 

Whether they can continue to charge if the person they have cut off no longer able to pay their bills would depend on the wording of the contract, in most cases I'd imagine though it will state that if the customer breaches the terms of the contract they are liable for the remaining months.

 

I've commented on actual losses before, if you of your own free will enter into a contract with a phone company for 18 months agreeing to pay a specific amount per month, then you default on the contract after six months, the network have actually lost the other twelve months you agreed to pay for, it is an actual and a recoverable loss.

 

IMO they sell debts because the debt recovery process is cheaper than litigation, they don't want to pay the solicitors and court fees required to chase these debts through the courts except in the case of large debts.

 

Whether or not the contract terms are fair would be something only a court could decide, you could try to advance the argument that the contract terms are unfair in accordance with the UTCCR before a Small Claims Court, however, you'd be doing so against the Legal Department of a multinational company and I'd imagine Voda don't hire idiots for legal counsel - it'd be very much an uphill struggle. In any case I'm not all that certain that the contract terms are unfair, so I'm not certain you could convince a judge of that.

 

They will save on network capacity (not from an individual but the cumulative effect from all in this position) and not paying termination charges, but I agree that you would have an up-hill struggle, especially with the phone company seeing a large slice of income disappearing. I suspect that the company might prefer to settle or negotiate before it got to court though, even though it might win, rather than have the issiues aired in public, especially if it's not for an enormous amount.

 

I thought contracts were generally inclusive of calls phone & line, not paying for line rental & free everything else (no charge for not exceeding what has been paid for)

Link to post
Share on other sites

  • 3 weeks later...

Related thread

http://www.consumeractiongroup.co.uk/forum/showthread.php?277251-Vodafone-cancelled-account-no-notice

 

Got an answering machine message and email from VF today saying they would like to speak to me. Not this time I'm afraid. Everything is going to be done via Recorded Delivery. Nothing against Lee or the team as they do a good job here.

 

Posting VF another letter tomorrow as they are still prevaricating over supplying data. This will be my last one to the Data Team and if they fail to supply what I ask for, I may just file an order for disclosure (the agreements)

There is also an issue with one of the calls noted on the account history. When my daughter rang VF, she (apparently) was told that she would have to pay a reconnection charge for 2 numbers?? She only had one phone

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

Hi Silverfox,

 

Thanks for updating your thread to confirm the follow up contact attempted yesterday.

 

Whilst I wouldn't wish to dissuade you from writing to us again I'm more than happy to assist you further with this.

 

If you'd like me to take a closer look at things just let me know.

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

Link to post
Share on other sites

I have been dealing with a Vodafone/Fredericksons issue for my daughter (with her authorisation)

 

I sent VF a SAR on 18/01/2011

Reply dated 31/01/2011. All they sent were screenshots of account history, nothing else.

Sent letter dated 9/01/2011 asking for the rest

Sent another letter dated 10/03/2011 giving them 7 days to comply

Letter dated 14/03/2011 querying the letter dated 9/02/2011 saying they hadn't received (yes they did-I have the proof)

Sent another letter back on 17/03/2011 giving them a further 7 days to comply

 

Nothing back, no communication-nothing-nada-zip:evil:

 

I will be doing a LBA later on giving them a last chance.

 

My query though. If I end up taking them to court, will it have to be in my daughters name or mine? Can I act on her behalf in court?

I'll find out which court forms I need nearer the time

 

 

 

Hi Silverfox - to answer your original questions:-:-)

 

The court claim needs to be in your daughters name. You may prepare it for her but it remains her application.

 

If it gets as far as a hearing then, assuming you are not a solicitor yourself, you can ask the court for permission to help her as a litigation friend (sometimes referred to as a MacKenzie advisor after the Judge who first allowed this in a criminal case). it is at the court's discretion but will almost certainly be ok as long as you are not acting as a witness for her too - they may not like that.

 

Could I ask what you are intending to sue for? You say that Vodafone is chasing her for an os debt - what would your claim be for?

Link to post
Share on other sites

Hi Paul,

What I was intending to do is file for disclosure (in my daughters name) of the documents they are refusing to give me (agreement(s) and T's&C's from inception which I cannot find online)

 

They have included only a summary of the statements, not a full breakdown as some of the bills were over £100. My daughter cannot remember what she signed up for (the joys of M.E) and I want to see what she did sign for and what extras were included then see if she was charged for anything which should have been part of the package.

 

They have not included a breakdown of how their 'administration' fee is calculated. Charging a flat fee of 15% or £100 (whichever is the lower) seems to me unjust. Their T's&C's state a 'reasonable' fee will be charged but don't go into details.

 

Their is a couple of more things I have noticed but I can't go into details here as I don't want to give VF a heads up until I either start a formal complaint or get legal on their a**

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

Hi Paul,

What I was intending to do is file for disclosure (in my daughters name) of the documents they are refusing to give me (agreement(s) and T's&C's from inception which I cannot find online)

 

They have included only a summary of the statements, not a full breakdown as some of the bills were over £100. My daughter cannot remember what she signed up for (the joys of M.E) and I want to see what she did sign for and what extras were included then see if she was charged for anything which should have been part of the package.

 

They have not included a breakdown of how their 'administration' fee is calculated. Charging a flat fee of 15% or £100 (whichever is the lower) seems to me unjust. Their T's&C's state a 'reasonable' fee will be charged but don't go into details.

 

Their is a couple of more things I have noticed but I can't go into details here as I don't want to give VF a heads up until I either start a formal complaint or get legal on their a**

 

Hi Silverfox,

 

As you know, I'm happy to liaise with the relevant departments in regard to the paperwork sides of things to see what can be done here. Additionally, I'd be able to assist with any billing concerns - can I ask if your letter details which bills you're looking for copies of?

 

In regard to the administration fee I'd say that any balance breakdown or copy bills which we provide won't include this as this is only added once an account is referred to a DCA, As you'll appreciate I wouldn't be appropriate for me to comment further on this publicly but if you'd like to discuss this further just let me know.

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

 

 

Link to post
Share on other sites

  • 4 weeks later...

Just another update on this.

I sent the Data Protection team another letter on 27th April and again this has gone unanswered so this morning I have drafted a Formal Complaint which will go in the post tomorrow. It seems very strange that in the two letters that have asked for very specific information, both have gone unanswered. The first time I prompted them, they supplied some data but this time, no response at all and I'm not prompting them again.

Is this obstruction or is it poor staff management. It remains to be seen.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

Hi silverfox,

 

Thanks for the update here although admittedly not with the news I was hoping for.

 

As I'm sure you can understand I don't like reading about instances where customers experience difficulties with us but I am always happy to assist where possible.

 

Please be assured that I'm equally happy to help you out further with this and whilst I usually deal with customers either via phone or email if you'd prefer to correspondence via letter then I'm happy to do this.

 

As such, would you be able to send me a copy of your previous two letters so I can review this case further and I'll come back to you as soon as possible?

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

Link to post
Share on other sites

  • 2 weeks later...

Another update

Got a Recorded Delivery letter today from VF

They have included the two contracts my daughter had. One for mobile broadband and one for the phone. I had forgotten she had a mobile dongle which explains the two phone numbers. It does make you think though. If the complaints team can get the contracts, why couldn't the DPA team?

The mobile broadband account was for 18 months and the phone was for 21 months and of course I cannot find any historic price plans for a 21 month contract

 

They also included 4 statements from when she got into difficulty and from a cursory look over, they seem ok. It looks like my daughter made calls to 0800 and 0844/5 numbers that were not covered in the included minutes.

 

They have stated that they don't have copies of the phone call recordings and I have no way of proving otherwise so I will have to accept that.

 

Now the issues

1 In the letter, they state a default notice was sent out on 21/09/08 and according to their screenshots they disconnected on 28/08/08. Methinks something is wrong there. There is also the issue of her statement dated 18/08/08 which shows the account as cancelled.

Do Vodafone have two different systems for recording account info as there is nothing on her account screenshots that show a default was issued. The only contact was when my daughter rang them on 16/09/08 and of course they don't have the recordings so no-one can say what was or was not said.

 

Either way, it looks like VF terminated the account long before the 'alleged' default notice was sent out.

 

2 The complaint response totally ignored my question of their 'Administration' fee. I asked for a full breakdown and they have not responded. If they are not prepared to do that, what do they have to hide.

 

Oh well, another letter going back

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

Silverfox it seems to me that they must run two systems, or at least not bother to read into any accounts. I managed to have a default processed against me when my account information didn't even contain a mobile phone number!

Link to post
Share on other sites

Silverfox it seems to me that they must run two systems, or at least not bother to read into any accounts. I managed to have a default processed against me when my account information didn't even contain a mobile phone number!

 

Yes, I did read your thread with utter incredulity. If it was me in your shoes, I would be winging my way to my nearest courtroom.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...