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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
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    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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Vodafone 5 year default problem ''RESOLVED by Lee''


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So a 14 day LBA was sent to Phones4u to actually come up with some evidence

acquiting them of fault or they were being added to court action.

 

They came up with the most generic response possible which addressed nothing which I had set out:

 

"Thank you for your recent correspondence dated 3 October 2011 regarding your contract taken out through our Manchester store.

We are keen to ensure that all customers have a positive experience and we take all customer comments seriously.

Our aim is to offer a friendly and helpful service on every occasion.

 

We acknowledge you wish to consider your options in regards to the issues you have raised with us.

 

May I take this opportunity to advise that our position remains unchanged.

We feel we have responded correctly in regard to the issues relating to the disconnection of your line.

 

The return of your contract was processed in store on the day after your contract was originally transacted.

 

However, if there is any further information, of which we are not yet aware, please contact us and we are more than happy to reconsider this.

 

We are maintaining that we accept no responsibility for your line not being disconnected for the timescale that you provided.

 

After contacting you at the earliest opportunity we processed a return through our store to get the line disconnected as agreed.

 

Should you wish to discuss this further, please contact our customer resolution team on 0844 871 2244.

 

This line is available 9am to 6pm Monday to Friday.

 

Yours sincerely XXXXCustomer Resolution Team"

 

I have read this thread with much interest, I have been fighting Vodafone to get a default removed for over 5 years with no success, I actually paid off the money owed to Vodafone before the default was issued but they refused to remove it because they said they were in the process of issuing it anyway! The amount they demanded was £25!! £5 of the amount was for a bill they issued 19 days after the contract had been cancelled by my sending them a months notice in writing! I believed that Vodafone should account for the amount but they ignored me, I refused to pay until they did, they gave the debt to a collection agency who we paid on the promise that vodafone would not issue the default well we know how trustworthy vodafone is don't we! I was working in China when all this was happening and had a company phone so wasn't using my vodafone mobile! I rang through to notify them to cancel the contract months before they did but they refused to do so without written notice, they obviously have no idea how difficult it is to get a letter out of china and actually get it delivered! I did eventually of course but they have never explained to me how charges for calls I never made can be charged to me after the contract has been ended by them! I have battled long and hard to have the credit reports reflect the true facts, I have loads of proof that I paid off the bill before the default was issued but all the credit reports show that the default was registered BEFORE I paid the debt in full, the credit agencies tell me that the systems have no way to show a debt being paid off before a default being issued and they all say that they have to act on the information vodafone sends them which states that the default was issued before the debt was paid and this even though I have sent them the proof showing the debt was paid before the default was issued. Until reading this forum I was at my wits end, they have ruined by credit rating and I have negligible debts and pay off my cards in lump sums, I earn good money but none of that counts because of a £25 default! I am interested in taking legal action against vodafone, a class action suit should be arranged or similar!

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Hi Paragun007,

 

Thanks for your time on the phone yesterday.

 

It's just a quick post to acknowledge yours and to confirm that I'll review your case in more detail following the receipt of your email.

 

Please be assured that as soon as I have an update I'll get back in touch with you.

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

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Paragun007 I will start a new thread for you.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Now I see what happened to my post I'd better add forgive my ignorance as well :) thanks Martin3030.

 

Live and learn they say and I must say that after reading very many comments on here and the posts from Lee I feel slightly more confident than I did before I found this site, it has been seven days since I sent all the documentation to Lee without a reply so far of any sort and another email sent yesterday as a reminder also with no reply but he has a big backlog which I didn't know about so will be a little more patient, I have an appointment with my lawyer on the 4th November so hopefully I will have a reply before then, fingers crossed that I get somewhere this time!

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Vodafone offered to remove the default but did not admit responsibility for acting incorrectly the offer was conditional on legal action being stopped, I counter offered that they pay me £200 to cover my past expenses and that if they did that all legal action would end.

 

I gave Vodafone until my appointment with my lawyer on the 4th November to agree, they did not do so by the deadline so by default in my reply to them I said that the £200 would increase by the cost of my legal bill for seeing the lawyer on the 4th November.

 

When I mentioned the extra charge with my lawyer he considered it reasonable also because Vodafone had been given the option to end the matter at minimal cost and as they had not contacted me I had no alternative but to follow through and see my lawyer.

 

I am very dissapointed with vodafone and Lee whom the mediators on this site seem to think is a very good guy! I guess there must be something about my case that frightens them! This is no surprise as they have been the same all the way through the last five years!

 

Vodafone seem to relish acting badly and forcing legal action on themselves when with commonsense and communication/mediation most issues could be dealt with amicably.

 

I personally believe that Vodafone will continue to act in this way until a class action is instigated through the OFT, CAB, or even by individuals making their interest in doing so known so that I can start the ball rolling!

Edited by Paragun007
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I know you've read this thread, and as philharg is a step ahead of you, awaiting a court date of 20th January, the outcome of his case will give you a good idea of what to expect and how easy court action proves to be.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

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Vodafone Internal Emails.pdfJust heard back from Lee with this email below which could be of interest to someone!

 

Vodafone still harp on about supposedly receiving the money after the default was issued which I have shown is not the case (see letters from SARs sent to the debt collection agencies attached), it is also strange seeing as the various emails via vodafones own people that I have copies of (from my SAR to vodafone attached) say that if I can prove that I had paid the debt collection agency before the default was issued then it will be removed! I can and I have, yet it is still there!

 

My lawyer says that when vodafone passes the collection of payment for a debt (however small) to a debt collection agency then that agency becomes vodafones agent, as such for all intents and purposes the law says you are dealing with vodafone and vodafone do in deed confirm that they are acting as their agent!

 

My lawyer states that this can also be proven by requesting sight of the terms of business in place between vodafone and the debt collection agency, he says that they will not give it to me directly before legal action but must if requested under discovery when a legal claim starts, he states that it is an easy way to prove the connection and very quickly makes the case against vodafone!

 

How does this apply to me?

 

Well in my case the debt collection agencies collected the money on the 25th of the month which we can prove (see attached) but vodafone say they received the money from the debt collection agency on the 31st of the month which was 2 days after they issued the default so Lee and vodafone say the default was issued correctly which clearly I can prove it was not!

 

This is the way it has been the last 5 years, back and forth with the same old excuses constantly, now vodafone are saying "yawn" that they will defend legal action!

 

What! Did they think I would expect anything otherwise?

 

Since when has vodafone made it easy?

 

Can someone point me in the direction to get the details of the letter defore action?

----------------------------------------------------------------------------------------------------------------

Hi Gareth,

Thanks for coming back to me and please accept my apologies for the delay with replying.

Since our conversation of 2nd November this is the first opportunity I've had to pick your case back up due to being on leave.

After our conversation of 2nd November I had asked a colleague to pick up your reply in my absence to ensure that matters were dealt with as quickly as possible. Again, please accept my apologies for this having not been done.

Having reviewed your proposal I can confirm that we'd be unable to accept the terms you've detailed.

For clarification, our proposal was put forward purely on a goodwill gesture basis and for no other reason.

As you're aware your account was referred to an external debt collection agency in August 2006 and from this point we can record a default. As such, we feel that the default has been recorded correctly in line with the Default Guidelines set out by the Information Commissioner's Office as payment reached us on 31st October 2006 and therefore after the default was recorded.

In the event that you should continue with court action please note that we will defend the case as the default is valid.

Kind regards,

 

Lee

Web Relations Team

Vodafone UK

Credit Solutions Paid to Vodafone Various.pdf

Edited by Paragun007
File not attaching Properly.
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I was just posting my last correspondence to Lee in vodafone as I had not received a response by my specified deadline of 5pm Thursday, (last night) and guess what, as I am finishing the email I get a call from vodafone saying they were sending me the ICO default guidlines which I have already found (see below) and that Lee would be getting back to me but he was off on paternity leave.

 

Well call me old fashioned but I will not take advantage of someone who genuinely on leave even if common courtesy dictates that they should at least acknowledge receipt of my emails, I have found the biggest problems are caused by the smallest breakdown in communication so I refuse to allow that from my side!

 

I will give Lee until Monday to get back to me after that I am assuming that the lack of response is vodafones reply to my request for a final response via a deadlock letter so that I can start legal action.

 

I intend doing as Richard advises and that is claim the £5,000 maximum in the small claims court and let the court decide what is reasonable!

default_tgn_version_v3 doc.pdf

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i have unapproved your attachments

 

sadly one easily shows pers info

the other are internal voda stuff and should not be posted in an open forum without their express consent.

 

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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I can confirm that Lee is indeed on leave and has notified us earlier of that.

 

There are other VF team members but obv may not be in any position to be dealing in specific issues which are ongoing and being dealt with by Lee.

 

I will contact the Team Manager and see if there is someone available to respond to any other issues.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 2 weeks later...
  • 2 weeks later...

Just a short note to say that Lee has managed to resolve this issue to my satisfaction which includes but is not limited to the default being completely removed from all the credit reference agencies.

 

I have thanked Lee for his patience and perseverance on my behalf and commend him to anyone else who has similar problems with Vodafone, I'm sure there are thousands of you!

 

On the bright side it will keep Lee in work for a long time to come! :|

Well done Lee.

 

Thank you CAG for having this site it is a Godsend, without you this would not have been possible!

 

Merry Christmas to one and all.

Paragun out x

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lee strikes again!

 

top man

 

i'll mark the thread title

 

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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Share on other sites

Just a short note to say that Lee has managed to resolve this issue to my satisfaction which includes but is not limited to the default being completely removed from all the credit reference agencies.

 

I have thanked Lee for his patience and perseverance on my behalf and commend him to anyone else who has similar problems with Vodafone, I'm sure there are thousands of you!

 

On the bright side it will keep Lee in work for a long time to come! :|

Well done Lee.

 

Thank you CAG for having this site it is a Godsend, without you this would not have been possible!

 

Merry Christmas to one and all.

Paragun out x

 

Thanks for updating your thread Paragun to confirm that your case has been resolved.

 

It's fair to say that this has been one of the more challenging cases we've handled on CAG but it's pleasing to know that our endeavours have brought about a satisfactory conclusion.

 

All the best for Christmas and 2012.

lee strikes again!

 

top man

 

i'll mark the thread title

 

dx

 

Cheers dx.

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

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