Vodafone - termination fee

[BankFodder]

The termination fee is unenforceable unless they can show that they were put tho these expesnes as a result of any losses incurred. If Vodafone approve of these or support then in any way then both the debt collector and Vodafone should be reported to Trading Standards and to the OFT.

This fee is unenforceable. Do not pay it.

However, be prepared for strong-arm tactics to harass you into paying.

They won't take you to court but they will very likely take all other action short of going to court in order to force you to pay.

Why won't they take you to court?

Because the fee is unenforceable and they would lose in court

[BankFodder]

It changes nothing.

 

You are only required to cover their losses.

 

See also reg.5 UTCCR and appendix 2 - possible para.e (I can't remember offhand)

 

The DCA are acting as agents for VF. I think that this is very possibly an unfair commerical practice - per CPUT

[BankFodder]

I think that to claim the moral highground, that you should formally ask them to justiufy their charge by means of a proper detailed invoice.

Once you get that, you will pay it.

 

They will be unable to provide you with this - or they will refuse or fudge.

 

Do that now - and keep on at them.

Yes of course, you should pay for usage but only line rental for a reasonable cancellation period - say, 1 month.

Make sure that you have itemeised commpletely the basis for your payment and ask them for a similarly itemised invoice which you will be pleased to pay.

[BankFodder]

You will have to take them to court. The ICO will do nothing.

 

VF will take you to the line and if they eventually offer to pay you out, you should not accept any deal unless they clear your credit file.

[BankFodder]

BF

 

I expect ICO to take that line - i assumed this when i sent them a 5 page (A4) dosier on my dealings / complaints against Vodafone and their complaint summary covered half a page. I made sure i re-attached my complaint in full when i signed their authorisation forms etc.

 

Funny thing is i've told VF on a number of occasions i WILL NOT seek recovery of the terminations fee's / compensation in return for the removal of the Default however they have continually refused. That said, they never even gave me a proper response to the letters i issued under the DPA.

 

I am more than sure if i do need to go to court i can rely on the assistance of you guys when drafting the particulars etc.?

 

What on earth makes you think that VF are interested in saving a few quid off you on any kind of deal. I hear this all the time with people challenging their banks and offering to waive a few charges or not to close their account in return for removal of a credit file entry.

 

Don't you realise that you are offering them less than bonbons? Don't you realise that the real issue IS you credit file and that they would rather kill their grandmothers than alter a credit file entry.

 

I think that you are going to have to re-align your thinking if you want to deal with this problem at all - and that goes for anyone else in remotely the same boat.