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Vodafone Incorrect Default *WON-out of court settlement*


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DX I have asked in my thread a number of times with no response so as it has been mentioned on this thread and I'm a newbie I thought that it was reasonable to aks here to get a quick answer or a link to explain what I need to do as I thought the point of the CAG was to help each other win our battles against the corporate greed machines.

 

Sorry if I was wrong to make that assumption.

PG7.

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  • 1 month later...
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Just a very quick update for today. I have reached a settlement with Vodafone out of court a week ago. This settlement is without confidentiality and I was awarded £1229 which includes court fees I paid for small claims court. I shall just leave it at that for today but this weekend I shall fill everyone in with a full account of events.

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Congratulations Philharg.

That is a great result for you. I shall update the thread title to reflect this.

 

Personally, I would have liked this to have gone to court and Vodafone get the slapping they deserve but a wins a win :whoo:

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Excellent news - look forward to the update :)

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Firstly thanks citizenB and silverfox1961 for your continual advice andfollowing of this thread. A huge thanks must go to all CAG admin team includingbankfodder.

 

I have now been paid the settlement which was made without confidentiality.

 

Obviously the thread hasn't been updated for a while so I shall explainevents.

 

In November I was granted permission to add Experian and Phones4u asdefendants and the claim was stayed at the time. However the stay was thenlifted after a mediation period and I wasn't aware that it had been liftedhaving put an N244 form in asking for leave. So the date of the 20th January2012 for court had actually not been vacated.

 

Then in January my partner informed me that she had found a letter (whichshe had put into a pile of papers and refound, massive fallout ensued) whichwas from Vodafone.

 

Vodafone had made me an offer of £800 with an expiry date which had alreadypassed. This was a without prejudice offer and was to includeconfidentiality....

 

However, Vodafone made this offer as a Part 36 offer, informing me that theywould present it in court to the Judge when costs were being drawn up andinforming me that I could be liable for their court fees.

 

This is where I got a bit panicked until I sought advice from CAG and wasinformed that a Part 36 offer cannot even be made in small claims court. Thiswas obviously a tactic by Vodafone to try and get me to accept as it did dowhat it was intended in doing by putting me through a couple of extra nightsrestless sleep.

 

I then responded to Vodafone informing them that this is what I thought theywere trying to do and that any chance of it being a without prejudice letterhad been vitiated. Don't get me wrong mistakes can happen, especially with alitigate in person like myself, but for a company with the legal resources theyhave at their expense this was clearly a deliberate attempt to unsettle me. Ifit was job to be a legal counsel, I wouldn't get the law wrong let’s put itthat way.

 

So I then wrote to Vodafone stating all of the above but that I was howeverwilling to accept their offer without confidentiality however. After a coupleof phone calls between myself and Vodafone they jumped at the chance to settleand I have now been paid out in full.

 

After settlement was agreed I actually then received Vodafone's defencedocuments which they had prepared for court. These didn't even arrive with mebefore 14 days before court so I would of had them thrown out anyway.

 

Now.... this is where it gets interesting. Although Vodafone had neverprovided any bill statements to me or information about how they could ofbilled a number which was never connected with them what they actually did tothe account was to submit a new phone number to it. I have found in the termsand conditions that they are allowed to do this... however not without actuallyletting you know which they obviously never did. There is no letter statingthis or in the account records there is not mention that they did this.

 

And now my last point on this case...

 

The other piece of evidence for Vodafone's defence was a witness statement

I shall quote in parts this statement:

 

"I understand that because the Claimant wished to use his existing number with Orange

and port this number across to the Vodafone Network that atemporary number was created on his account."

 

Of this I was never informed of at any stage.

 

"Vodafone was wholly unaware that the Claimant had moved this address."

 

Well the debt collection agencies were so fill yourselves in.

And why shouldI have ever informed a company with which I did not hold a contract.

 

They planned to use a piece of evidence where I had sent a letter and forgotten to change the date of the letter on it,

presumably trying to show I was getting facts wrong.

 

It was then stated:

 

"On 30 June 2011 VF wrote to the Claimant addressing his concerns with regard to his credit file.

VF also pointed out to him that he had not provided Vodafone with any evidence as to why his initial request for compensation in the amount of £500 was justified."

 

Well clearly it was because Vodafone paid out more than this.

 

I shall leave it at that now. I will always hold this company with disregardand will always inform people of my case

as well as allowing people to ask for my advice to aid their own problems.

 

Yes, maybe it should have gone to court for maybe more public justice and a court order,

but with the pressures of life, being a litigate in person and the long term worry I just decided it best to settle out of court in the end.

 

Thank you again for the fantastic help, support and advice I have receivedfrom this website as I could never have done it without CAG.

I hope this thread allows others to see the problems in dealing with Vodafone and maybe acts as alight at the end of a very long tunnel.

 

philharg

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Thank you very much for updating this thread.

 

It is a shame we don't have a Vodafone losses thread in a similar vein to the Vodafone successes thread.

 

Even though your case was a mess from start to finish, Vodafones presence on CAG is appreciated and they do get it right sometimes although I really do empathise with your animosity towards them :-)

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

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  • 6 years later...

Wow what a read !

 

Hope my issue with vodafone doesnt go down that road ,

I have just had a new pay monthly account declined from vodafone through a third party

,the third party said I should contact vodafone regarding the rejection .

 

The basics of it are ,

I left vodafone roughly three months ago and ported both my numbers over too plusnet ,

I was definitely in credit with them as just before leaving they took the next months DD which was double the usual amount as they had removed the discounts applied to the account as my two years with them was up.

 

Over the next two months I phoned them numerous times requesting a refund after there overcharging ,

I eventually got through to someone who agreed I was owed and a part months refund was applied.

 

Then today I phone vodafone after the third party suggesting I do so after the new account rejection

,the vodafone rep informed me that my account with them was showing as closed but in credit but if anyone was to approach re a credit report it would show as in arrears.

 

He then explained that he would be contacting the relevant department to amend this but it would take three to five days to do so ,

I will then receive a call to report its done ,and I then should contact their credit file support team Mon-Fri 8-5 to check that all adverse entries had been removed.

I have checked my noddle account and nothing is showing at present.

Andy.

Edited by dx100uk
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start your own thread andy

this one is +6yrs old

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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