Vodafone Incorrect Default *WON-out of court settlement*

[philharg]

Just to update:Was offered a goodwill gesture by Vodafone at the eleventh hour of the 8 week deadline yesterday which seriously under-values the cost of compensation I feel is due. Vodafone also offered no apology or no acceptance of fault in the matter.Have now emailed them back giving them 3 days to re-consider their goodwill gesture before I take the case to Otelo or pursue it through court myself.philharg

[Lee Vodafone Company Rep]

Just to update:Was offered a goodwill gesture by Vodafone at the eleventh hour of the 8 week deadline yesterday which seriously under-values the cost of compensation I feel is due. Vodafone also offered no apology or no acceptance of fault in the matter.Have now emailed them back giving them 3 days to re-consider their goodwill gesture before I take the case to Otelo or pursue it through court myself.philharg

 

Hi philharg,

 

As per my email yesterday I'll be coming back to you by Tuesday next week in regard to this.

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

[philharg]

Sooo get a letter back today from Vodafone's privacy team with regards to my subject access request. Apparantly I didn't provide them with enough information even though I met everything on their form...

 

O Yeah... Except for the mobile phone number of course because their isn't one!!

 

Plus they added 4 days onto the apparant date they received my request, even though I have a royal mail recorded signed for delivery confirmation.

 

Now have to post them everything back again.

[silverfox1961]

I think I can safely say that once you have jumped through VFs hoops they still won't send you everything so be prepared for a slog.

 

My formal complaint was received by VF on 1/6 and they are still to acknowledge the complaint. The clock's ticking

[philharg]

They are not just hoops set up by VF, they are blazing on fire and you are on a one wheeled motorbike.

 

They have already passed the 8 week offical complaint date now... I just need all this documentation to potentially prepare for court / Otelo.

 

More work for me, not that life as a teacher isn't busy enough.

[silverfox1961]

More work for me, not that life as a teacher isn't busy enough.

 

Well. if you weren't grey before this-you will be soon.....or bald

[philharg]

Well. if you weren't grey before this-you will be soon.....or bald

 

Yep, give me Year 9's last period on a Friday anyday over this!

[silverfox1961]

Yep, give me Year 9's last period on a Friday anyday over this!

 

Strangely enough, It was in my third year at senior school (todays year 9) that I turned into a little g*t

[Lee Vodafone Company Rep]

Sooo get a letter back today from Vodafone's privacy team with regards to my subject access request. Apparantly I didn't provide them with enough information even though I met everything on their form...

 

O Yeah... Except for the mobile phone number of course because their isn't one!!

 

Plus they added 4 days onto the apparant date they received my request, even though I have a royal mail recorded signed for delivery confirmation.

 

Now have to post them everything back again.

 

Hi philharg,

 

Further to my update last week you should now have received an email from me as promised.

 

Although I wasn't aware that you'd submitted a SAR I'm happy to liaise with our Privacy Team should there be any further problems with this. Just let me know if you'd like me to do this on your behalf.

I think I can safely say that once you have jumped through VFs hoops they still won't send you everything so be prepared for a slog.

 

My formal complaint was received by VF on 1/6 and they are still to acknowledge the complaint. The clock's ticking

 

Hi Silverfox,

 

Thanks for the update on this.

 

On the basis that it was received nearly two weeks ago I would've expected a reply to be received by now.

 

If you'd like me to follow up on this just let me know.

 

Kind regards to you both.

 

Lee

 

Web Relations Team

 

Vodafone UK

[silverfox1961]

 

Hi Silverfox,

 

Thanks for the update on this.

 

On the basis that it was received nearly two weeks ago I would've expected a reply to be received by now.

 

If you'd like me to follow up on this just let me know.

 

Kind regards to you both.

 

Lee

 

Web Relations Team

 

Vodafone UK

 

Strangely enough, a response turned up this morning-by Recorded Delivery no less. Once I have digested the info, I will update my thread

[Lee Vodafone Company Rep]

Great stuff Silverfox - thanks for keeping me up to speed.

 

I look forward to hearing the latest developments in due course.

 

Lee

 

Web Relations Team

 

Vodafone UK

[BankFodder]

Philharg, Please will you contact me by email about this on our admin address.

 

I think that Vodafone's behaviour has been very serious and very shocking. I have seen the correspondence they have sent you and I think that their offer is derisory and insulting to you and shows a complete lack of responsibility.

 

I think that we need to raise the profile of this.

[BankFodder]

Have you sent complaints to the Information Commissioner and also to Trading Standards? I think that you should do.

 

These are very serious breaches. I can't imagine for a moment that you are the only person to have suffered this kind of thing. There are probably hundreds of others living with damaged credit reputations and who haven't had the good fortune to find this website.

 

I think that these breaches need to be brought to the attention of the authorities. Clearly with their offer to you of a mere £100, Vodafone isn't taking it very seriously. I think that their attitude tends to suggest that this is not the first time that this has happened.

 

Write careful, detailed - but not too wordy, letters of complaint and send them off immediately.

 

I understand that you have sent an SAR to Vodafone. When is the time limit for them to comply? We will want to look very carefully to see that it is complete.

 

Also, have you sent an SAR to Experian?

It seems that Vodafone are blaming Experian for the second entry on your credit file and so we had better find out what that was about. I suggest an SAR to Experian and say that you want all data but specifically your historical data entries and also all data relating to the recent entry on your file dated XXXX and data related to the subsequent removal of that entry. Tell them that you want data which they hold in any form including screen notes, phone records, correspondence - internal and external. If it is true that Experian are at fault then they should also be made the subject of a complaint.

I think that you are entitled to a full explanation as to how your credit reputation has been so unfairly handled. If it doesn't stack up then you may need to ask for some help from the courts.

[philharg]

So to update everyone:

 

Email from Vodafone received Monday:

 

"

 

Hi Phil,

Further to my email of 9th June 2011.

As a matter of law, an individual is not entitled to compensation for a breach of the Data Protection Act unless they have suffered damage as a result of the breach. In this context, 'damage' has a specific legal meaning and refers to a direct financial loss (for example, any bank fees associated with closing a bank account in the case of bank details having been disclosed) and not to a loss of opportunity. Further, English law on damages requires that you quantify your losses i.e. if you were to take legal action you would have to demonstrate to the court what financial losses you had suffered as a result of this matter. As you have not yet provided evidence of direct financial loss, we are not prepared to offer you compensation in the amount of £500 as you have requested. If you are able to provide evidence of direct financial loss, we will be happy to reconsider our position.

Nonetheless, Vodafone understands that this has not been a positive customer experience for you and that this matter has naturally caused you much concern. In recognition of this, we are happy to offer you a gesture of goodwill to bring this matter to a close. Consequently, our offer of £100 compensation still stands, should you wish to accept it.

 

If you are not prepared to accept this, you are of course able to make a complaint to the Information Commissioner's Office about our processing of your personal data. The Information Commissioner's Office provides a free complaints and advisory service on data protection matters. Their contact details can be found at: ICO WEB ADDRESS. We would of course be happy to cooperate with any investigation that the Commissioner may choose to make into this matter.

 

Kind regards,

Lee

Web Relations Team

Vodafone UK"

May I take this opportunity to say that I was not a customer of Vodafone so their was no customer experience to start with. I have never had any custom.

 

I shall continue to post update over the coming weeks.

[BankFodder]

Hmm, well sorry Lee. We appreciate your goodwill on this forum and the help you have given to some people - but this is not a true assessment of UK law in relation to damages - and in particular in relation to compensation for breaches of statutory duty under the DPA. I suggest that you back to your in-house lawyers for clarification. They may well end up getting involved anyway.

 

As it happens, there was a case in 2008 or 2009 - possibly in Scotland in which the court awarded a claimant £116,000 for exactly the kind of DPA errors which Phil has experienced here and the award included sums for loss of opportunity on the housing market.

I hope that one of the team will be able to find the case and link us to it here.

 

I understand that Vodafone prefers its email to its customers to remain private but when that privacy is used to hide this kind of misinformation then I think that it is better for all of us if the material is put out in public.

 

If Vodafone believes that its best interests lie with the best interests of its customers then I expect that you will agree.

[BankFodder]

http://www.scotcourts.gov.uk/opinions/a187_04.html

[philharg]

And I hope that Vodafone read point 70 of that case....

 

"

70. The documentation which had been lodged by the pursuer in support of the claim for interest paid was at best incomplete. The entries from the credit card accounts were selective. In addition, the premise upon which the pursuer proceeded, namely that all of the interest which he paid would have been on a zero per cent basis was not supported by the evidence as to how the zero per cent schemes worked. He referred to the evidence of the pursuer himself and to the evidence of Mr Clark. It was apparent the balance transferred from one credit card to another which attracted zero per cent rates. Any purchases made on a credit card would attract interest. In addition, if the pursuer was transferring credit card balances there would be a fee, usually two per cent, which would be added to the balance and in due course that would have had to been paid by the pursuer making transfers he save the transfer fee of two per cent. The pursuer had accordingly failed to prove exactly what his alleged loss was. The pursuer had put forward no calculations which would assist in making the proposed finding in fact."

[philharg]

And I think this point raises how much an injustice of credit is worthy of without having to provide evidence of damages:

 

117. Had there been no finding of specific loss in this case, I would have had no hesitation in finding that an award of damages for the mere injury to credit was appropriate. In modern society credit plays a very big part in the conduct of the daily lives of a significant portion of the population. The financial services industry is constantly advertising loans, credit cards, store cards, mortgages, consolidation accounts etc. To have one's credit worthiness impugned so that one is at risk of being unable to obtain credit on the grounds that he is not credit worthy is, if anything, a more significant matter for the individual than it would have been at the time of King, over a hundred years ago. Mr Beynon has submitted that a figure of £10,000 would be appropriate. The figure of £100 awarded by the sheriff and left standing by the Inner House in King v British Linen translates, according to the Office of National Statistics Publication "Focus on consumer price indices" 2008, table 5/3, to £9,975 in the year 2008. The figure of £5,500 awarded to an individual in Kpohraror v Woolwich Building Society 1996 4All ER 119 was not interfered with by the Court of Appeal in 1996 and, in today's figures, would be worth £8,215.

[BankFodder]

I suggest that you do a very careful chronology of everything that has happened. Detailed but in bullet-pointed form.

 

Separately will you list out in the same manner what this has all cost you and your family in terms of actual expense, time spent sorting it out, loss of opportunity on the market - insurance, new mobile phone etc and also stress, distress and inconvenience.

 

You must be able to explain each bullet point - even though you may not have direct evidence, a full rational and moderate explanation will be very helpful.

 

You have the Durkin judgment to refer to and that will help you to organise your thoughts and your style of presentation.

 

Have you posted of your SAR to Experian yet?

 

Can we see your SAR to Vodafone please.

 

I'm pleased to say that a series of cases including Durkin, Harrison and very recently Ashbourne Management show that the judges are very intolerant of Data Protection abuses.

These companies have direct and privileged access to the Credit Reference Agency register. It is a subscribers' club but they seem to have lost sight of the gravitas of their privileged access and the responsibilities which come with it.

[philharg]

Received my SAR information from VF today.

 

One telling line that I have picked out so far from internal communication Vodafone have made:

 

"It looks like this account shouldn't have been connected at all back in August 2009 and as such all charges have now been adjusted."

 

Well, they said it finally.

 

Disconnection happened on 6/11/2009 when it should of happened on the 2/08/2009.

 

VF then deleted a £532.00 dis-connection charge which was immediatly deleted.

 

They then issued a DCA Default Notice for £107 on the 9/11/2009 and placed it with a debt collection agency

 

Have then later removed this default after my request logging the reason as "Keying Error"

[BankFodder]

What does this mean?

VF then deleted a £532.00 dis-connection charge which was immediatly deleted.

 

What was the date of the internal note?

 

Why should disconnection have happened at all when you should never have been connected.

 

"Keying error" is load of opaque nonsense. It is at best lazy record-keeping by someone who couldn't be bothered to make a proper entry. At worst ....

 

What is the real reason?

 

As they have breached their statutory duty and have caused you this damage, you are entitled to know precisely why it all happened.

[BankFodder]

By the way, please incorporated the events revealed in the SAR within your chronology as well.

 

Also, is there anything missing, do you think?

[philharg]

Will try and put down a chronology now of VF's dealings as best I can. Obviously it is hard to de-crypt what they send you! So I will try and keep it to the main points.

[silverfox1961]

Will try and put down a chronology now of VF's dealings as best I can. Obviously it is hard to de-crypt what they send you! So I will try and keep it to the main points.

 

Did they not send you a code sheet? I had to ask for one as some of the codes on the screenshots are very confusing.

 

Do your screenshots actually say 'default'?

[philharg]

Yes one part of the account history specifically says "DCA1 Default Notice DCA"

 

Do you know what the following codes mean then? "CTN, BAN, WAS, BDR, ADDACS, CDTN,"

 

Would be a great help for my de-coding