Jump to content


  • Tweets

  • Posts

    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
  • 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

Stolen phone, 6.2k bill, Vodafone saw high usage but did not block phone - HELP!!!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3425 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've seen some posts on stolen phones abroad and massive bills. Please help someone...

 

My scenario:

 

I had my phone stolen in Spain and some criminal gang used it to make 369 phone calls (sometimes simultaneously) to Serbian premium numbers before I was able to report it stolen.

 

This has left me with a 6.2k bill which I received on 16 Oct (the calls were made on 27/28 Sep).

 

Not surprisingly this freaked my out as when I reported it stolen the rep told me that there was no suspicious activity on the account.

 

I immediately called Vodafone and the rep I spoke to advised that this was obviously fraudulent activity and that he would have the charges reversed. I received multiple assurances that I wouldn't be charged and that he would send me a confirmation email (he wanted to send a text, but I wanted it in writing). Phew, I thought!

 

No email for a few days and so I called back on 20 Oct to find out what was going on and boy oh boy had their attitude changed. Not only had they refused to acknowledge the contents of my prior call but also refused to acknowledge that any type of fraud had taken place at all. The "you are liable for all calls up until reported stolen" line was being regurgitated at will.

 

The calls over the last few days were basically me pleading with them to explain how they did not notice such high call volumes and take no action whatsoever. I had made 12 voice calls in the whole of September, but 369 calls over a 30 hour window didn't raise any flags?!? I was told repeatedly it takes more than 24 hours for the systems to update.

 

Then the breakthrough that exposes this myth of "not knowing" they seem to perpetuate.

 

I kept referring to the incident as a fraud and one of the many reps I had spoken to replied (prob out of frustration), "it's not fraud, your account was checked on the night of 27 Sep at 23:40 (12 hours after the calls began) due to suspicious activity and it was decided that no fraud was taking place". This was re-confirmed by a supervisor 3 hours ago.

 

In other words, they have the technology to identify suspicious activity, they just don't feel like acting on it.

 

When I pushed the supervisor on the duty Vodafone has to assist or act in the customer's interest when this type of activity is occurring I got a response that pretty much sums up their whole attitude, "Sir, show me where in our T&C's it states that we should act in the manner you are describing".

 

Now the threats of debt collectors and credit scores have started. The only thing they said they would do for me is offer a payment plan over 6 months (as this was an exceptional case).

 

I find myself moving between anger and anxiety constantly now...

 

How do I fix this???

 

I'm so close to having a deposit to buy a flat after years of saving. This whole episode looks like ruining that dream...

Link to post
Share on other sites

We here at CAg have a very successful VodaFone Rep operating here

.

We advise you to follow this method to alert them to your thread:

.

If you'd like any help from Lee, email your details via the Contact us form here (https://help.vodafone.co.uk/system/selfservice.controller?CMD=ESCALATION_REQUEST&PARTITION_ID=1&CONFIGURATION=1000&COUNTRY=us&LANGUAGE=en)

you MUST PUT the code 'WRT135 - CAG Forum' in the subject line.

Once sent, you'll receive an automated reply with a reference number. Post back with this

Vodafone UK

.

CAG.

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... 

Link to post
Share on other sites

Hi smari000

 

Welcome to CAG

 

We have a Vodafone rep (Lee) on this site who can look into this matter for you. The crux of this is that Vodafone are looking to profit from a fraudulant calls.

 

Just for info:-

 

http://www.dailymail.co.uk/news/article-2798454/my-phone-stolen-holiday-vodafone-making-pay-15-000-bill-thieves-ran-teacher-facing-financial-ruin-mobile-operator-refuse-cancel-charges-ran-pickpocket.html

 

It might be an idea to check their T & C's, when their suspicious activity alerts kick in.

 

There are interesting threads, read through the threads, make notes.

Link to post
Share on other sites

Received a call from Vodafone tonight after I sent a letter to the CEO and General Counsel yesterday.

 

First time they called me back!

 

No joy though...

 

They still want the whole amount.

 

Now the case has been referred to the deadlock letter team for review.

 

More hoops to jump through.

Link to post
Share on other sites

Hi smari000

 

Send them a SAR request, they will send you all the data they have on the account, also ask for recordings / transcripts. They have 40 days to respond. Send it Recorded Delivery. It will cost £10.

 

You can show that they said they would write if off, but they didn't.

 

http://ico.org.uk/for_the_public/personal_information

 

Vodafone,

Registered address,

Vodafone House,

The Connection,

Newbury,

Berkshire RG14 2FN.

 

Received a call from Vodafone tonight after I sent a letter to the CEO and General Counsel yesterday.

 

First time they called me back!

 

No joy though...

 

They still want the whole amount.

 

Now the case has been referred to the deadlock letter team for review.

 

More hoops to jump through.

Link to post
Share on other sites

  • 2 weeks later...

Is there a contractual term that they are relying on? Can you point us to it please.

 

Thanks

 

 

smari000 - I've sent you an email. Check your spam box if you don't see it. Please respond by email

Link to post
Share on other sites

Vodafone got in contact with me earlier in the month

and advised they will be waiving all but 500 pounds of the bill.

 

This was quite out of the blue as the last time I spoke to them

they advised that I was liable for the whole amount

and no "good faith" reductions were to be applied.

 

So what changed?

 

The only thing was that I submitted a SAR.

The next day after it was received (I used tracked mail) was when I got the call that they would be waiving 90% of the bill.

 

Now whether this was the sole factor or not, I can only speculate.

 

Things I've learned from this whole ordeal:

 

1) Don't waste your time arguing with the customer service reps.

They all read from a script and have no power to change the current decision that is listed in the notes to your account.

 

 

If you don't like the current deciison, tell them you want it referred higher up the chain and hang up.

The decisions are made behind the scenes.

 

 

Furthermore, screaming till your blue in the face to multiple customer service reps will only wear you down

and make you give up and take their decision (what they are banking on).

 

2) Write letters.

I wrote letters to the CEO and General Counsel.

These letters by law are placed on your account and must be reviewed.

Having your arguments in print is much better than relying on some customer service rep

paraphrasing your phone calls and making sub standard notes.

 

3) File an SAR as quickly as you can if you believe you have been given conflicting advice or promised actions that have not been undertaken.

They will send you within 40 days all the notes to your account and written transcripts of all of your phone calls.

This will be invaluable if you have to go to small claims at a later point or want media attention for your case.

 

4) Tell them you want the collections process to be frozen whilst you settle the dispute.

The team that looks at your case is different to the collections team.

You don't want the collections team proceeding down the default path.

I had mine frozen for one month (at my request) to make sure the debt collectors were kept out of the picture.

 

Lastly, be prepared to fight tooth and nail from the outset.

 

 

Don't leave it too long to have your case referred up the chain as time (generally) is not on your side.

Link to post
Share on other sites

They just said they will waive all of roaming charges except for £500.

 

I paid the amount just to avoid any credit rating knock on effects, however I am still pursuing them to get that amount refunded.

 

Currently I am waiting for the SAR docs (it's been 20 days since they received the request).

Link to post
Share on other sites

Update when you get the SAR info, very good progress to date.

 

They just said they will waive all of roaming charges except for £500.

 

I paid the amount just to avoid any credit rating knock on effects, however I am still pursuing them to get that amount refunded.

 

Currently I am waiting for the SAR docs (it's been 20 days since they received the request).

Link to post
Share on other sites

They just said they will waive all of roaming charges except for £500.

 

I paid the amount just to avoid any credit rating knock on effects, however I am still pursuing them to get that amount refunded.

 

Currently I am waiting for the SAR docs (it's been 20 days since they received the request).

 

Am I correct in understanding that you were on BBC Watchdog last night?

 

Outrageous to think that the Government had instructed Mobile Phone operators to implement 'credit-card' style caps on stolen phone usages but that nothing has been done about it.

 

Hopefully the courts see this.

Link to post
Share on other sites

http://www.theguardian.com/business/2014/oct/17/vodafone-customer-billing-nightmare-mobile-theft

 

There are some real horror stories regarding stolen phones and massive bills which the mobile companies want the victim to pay.

 

The main worry here is of course that they will almost certainly enter a default on your credit file - which compounds the problem.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

I've seen some posts on stolen phones abroad and massive bills. Please help someone...

 

My scenario:

 

I had my phone stolen in Spain and some criminal gang used it to make 369 phone calls (sometimes simultaneously) to Serbian premium numbers before I was able to report it stolen.

 

This has left me with a 6.2k bill which I received on 16 Oct (the calls were made on 27/28 Sep).

 

Not surprisingly this freaked my out as when I reported it stolen the rep told me that there was no suspicious activity on the account.

 

I immediately called Vodafone and the rep I spoke to advised that this was obviously fraudulent activity and that he would have the charges reversed. I received multiple assurances that I wouldn't be charged and that he would send me a confirmation email (he wanted to send a text, but I wanted it in writing). Phew, I thought!

 

No email for a few days and so I called back on 20 Oct to find out what was going on and boy oh boy had their attitude changed. Not only had they refused to acknowledge the contents of my prior call but also refused to acknowledge that any type of fraud had taken place at all. The "you are liable for all calls up until reported stolen" line was being regurgitated at will.

 

The calls over the last few days were basically me pleading with them to explain how they did not notice such high call volumes and take no action whatsoever. I had made 12 voice calls in the whole of September, but 369 calls over a 30 hour window didn't raise any flags?!? I was told repeatedly it takes more than 24 hours for the systems to update.

 

Then the breakthrough that exposes this myth of "not knowing" they seem to perpetuate.

 

I kept referring to the incident as a fraud and one of the many reps I had spoken to replied (prob out of frustration), "it's not fraud, your account was checked on the night of 27 Sep at 23:40 (12 hours after the calls began) due to suspicious activity and it was decided that no fraud was taking place". This was re-confirmed by a supervisor 3 hours ago.

 

In other words, they have the technology to identify suspicious activity, they just don't feel like acting on it.

 

When I pushed the supervisor on the duty Vodafone has to assist or act in the customer's interest when this type of activity is occurring I got a response that pretty much sums up their whole attitude, "Sir, show me where in our T&C's it states that we should act in the manner you are describing".

 

Now the threats of debt collectors and credit scores have started. The only thing they said they would do for me is offer a payment plan over 6 months (as this was an exceptional case).

 

I find myself moving between anger and anxiety constantly now...

 

How do I fix this???

 

I'm so close to having a deposit to buy a flat after years of saving. This whole episode looks like ruining that dream...

 

I'm very surprised that Vodaphone claim not to recognise criminal [problem] numbers - there must have been lots of calls to them

 

In my mind this almost makes Vodaphone accomplices

 

I think that it's very sensible paying their demand to avoid their updating your credit file adversely. Hopefully the SAR will provide the evidence to get the remainder back

 

The "no suspicious activity" when you reported the phone stolen & their failure to recognise [problem] numbers should help!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...