@vodafoneuk Vodafone nuisance calls #9260167 - i'm after obtaining an injunction order

[p3t3r]

So you have text back STOP now? I would keep and eye out just see what happens for a few days/weeks. Maybe block some known contact numbers that have come up in the past and see how you get on.

 

hi, yes, I have text back STOP. but yet the messages still continue, for example, messages received yesterday, plus in message asking me to text back STOP again....

 

After contacting Vodafone last year and this year, speaking to customer service via phone, dealing with CAG Vodafone rep here, speaking with Vodafone online chat a few times,

even after informing them many times, I am still receiving their spam / marketing.

[p3t3r]

Vodafone clearly do not understand my request to stop all their marketing calls and texts.

 

I have requested this on numerous occasions.

 

What should I do now? Obtaining an injunction seems complicated, but it does seem to be the only way to get this company to pay any attention that I do not wish to be disturbed by them.

[GrumpyToSayTheLeast]

Bin the card, go with another operator and port the number over. I can't see you gaining an injunction over something that is probably written in the terms and conditions of the pay as you go contract. And if you lose, they may go for costs, which may thousands. I would be vary wary.

Easier to bin it and move on.

[p3t3r]

Hi grumpy, thanks,

 

I did think about just getting a new phone and going back to my old network. But the only problem in doing that is that I have over the last few years binned many sim cards because I am getting PPI claims companies contacting me along with other marketing calls.

 

My present vodafone card does not have any junk calls or marketing texts of calls from any PPI company or any other company, apart from that of my network provider vodafone.

 

I thought that getting vodafone to stop their calls and martketing would have been easy, though it is impossible.

 

If i buy a new phone and go back to my old network, I will probably be plagued by PPI callers and other marketing spam communication.

 

I do not see anything in vodafone terms and conditions to say that I will receive marketing calls and texts without my permission.

[steampowered]

Have you written a formal letter to Vodafone asking them to cease contacting you for marketing purposes, and to stop calling you as you work night shifts, and should only be contacted in writing? If not, that is the next step.

[p3t3r]

Have you written a formal letter to Vodafone asking them to cease contacting you for marketing purposes, and to stop calling you as you work night shifts, and should only be contacted in writing? If not, that is the next step.

 

Hello, yes, I have sent them a formal letter asking them to cease contacting me for marketing purposes. Prior to sending this letter, I have contacted them in 2014 and 2015, numerous calls to customer services, numerous instances of vodafone online chat and complaint to CAG vodafone web relation team.

 

After being assured by a vodafone rep that my complaint had been checked with both managers and techincal team and that I wouldn't have to contact vodafone again in relation to my complaint, I have had cause to contact them a few more times - despite their assurances from technical and managerial team.

 

Approx half an hour ago, I received an email from vodafone which states:

 

Hi Peter,

As the amendments to your marketing information hadn't updated correctly last month, I've amended them again.

Please accept my apologies for any convenience which may have been caused.

 

So, after requesting around 10 times so far this year that their marketing calls and texts stop, each time either my request has been ignored, or vodafone do not have the ability to do this.

 

This should have been done in 2014.

 

After vodafone failed to remove me from their marketing database on several occasions, I then informed vodafone that I consider my time is chargeable in this matter. Even after informing them that my time is chargeable, they have still failed on several occasions to stop their marketing calls and texts.

 

I do not want to change number since I would likely get a lot of calls from PPI companies and other cold callers. The only company spamming me on my number is my phone network!

[p3t3r]

Email received from vodafone yesterday:

 

Hi Peter,

As the amendments to your marketing information hadn't updated correctly last month, I've amended them again.

Please accept my apologies for any convenience which may have been caused.

There was no convenience caused. Although a lot of convenience in having to contact vodafone repeatedly.

 

Again, junk text from vodafone received today.

 

 

Can anyone provide information as to what I should do next?

 

Vodafone customer services, online chat and web relation team are virtually useless - which can be seen from this thread alone.

[Ganymede]

Delete the text?

[p3t3r]

Delete the text?

 

When I asked for information as to what I should do next, I meant what 'legal process' I can do to stop Vodafone calling and texting me. Maybe you would delete the text as you are probably not bothered by companies repeatedly contacting you without your permission, but I am bothered by this. I simply do not want this.

 

OK, so, can anyone advise me on what to do next? What legal process I can use in order to get vodafone to comply with legislation?

[steampowered]

If you are determined to take legal action, the safest way would be to issue a small claim for a fixed nominal amount (perhaps 100 pounds) for breach of the Protection from Harassment Act 1977. This would take more time and effort than deleting texts, but if you must take legal action that is the best way to minimise the risk of you being hit for costs if it all goes wrong. If you tried for an injunction I think it is more likely than not that you would be ordered to pay Vodafone's legal costs.

 

As previously advised, it is absolutely crucial for you to have a clear paper trail which you can show to the court proving how many times you asked Vodafone to stop sending you marketing texts.

 

You would need to write a 'letter before claim' explaining how many times you have asked them, asking them to arrange for marketing communications to cease and giving them 14 days to compy before a claim is issued in the county courts.

[Ganymede]

Sometimes life requires a more pragmatic approach.

 

You can bet your life Vodafone will defend any Court claim and it was prove very time consuming and expensive to run to trial.

 

Is it worth it? Only you can make the decision.

[p3t3r]

Unusual text received at midnight from vodafone.

 

It was not a marketing text. It was just a text stating "."

 

One full stop in their text.

 

What is the point of that, other than to annoy an annoyed customer even more??

[p3t3r]

Numerous instances of vodafone not abiding with data protection act.

 

Further problem is that I should have received my Subject Access Request from them by now. Admittedly I did not complete vodafones form to get my SAR but that is not a legal requirement that I must fill in their forms.

 

Could they be ignoring my SAR because they don't want to send me telephone recordings and online chat of me requesting they stop contact in addition to the times they contacted me?

 

Really I am not surprised that they have ignored my SAR since they have ignored DPA several times in the last few months.

 

Can I use 'specific performance order' in court to get vodafone to comply with my SAR? How do I start court action to get them to comply with SAR?

[Ganymede]

Are you still getting the calls and texts?

[p3t3r]

Are you still getting the calls and texts?

 

I am not sure if I still get calls and texts because since Vodafone have failed to stop their communications to me, I have since purchased a new phone.

 

My vodafone phone which is just a few months old cost me around £40 and is locked to the vodafone network (as told to me by carphone warehouse).

 

The £40 cost of the phone I attribute as a financial loss since vodafone have persistently either ignored my many requests to stop their communication, or if they have not ignored it then they have no ability to stop. I can not think of any other reasons.

 

I attribute the financial loss of £40 for cost of phone as being vodafones fault. For example, had vodafone correcly last year stopped their communication, then I would not have had any need this year to repeatedly ask that they stop.

 

I came to the conclusion that the easiest course of action was to buy a new phone.

 

The £40 financial loss for my vodafone phone, - I will attempt to claim this cost back from vodafone. I am quite happy to send them the phone if they are willing to pay me for the cost, alternatively, I can just bin it since it is no use to me anymore.

 

In addition to the cost of the £40 phone, I also intend to seek compensation payments in respect of the amount of time I have had to repeatedly deal with Vodafone lousy customer service. Furthermore, having informed vodafone that they had failed many times to stop marketing calls and texts that my time involved in dealing with them is chargeable.

 

 

Now, I am trying to learn / after information as to how:

 

1. I can force Vodafone to abide with DPA and send me my SAR

2. To claim compensatory payment for my time lost in dealing with their lousy customer service.

3. To claim compensatory payment for each call/ text received in respect of my time.

 

I do not intend to claim compensation for loss of earnings, such as being woken up by their marketing, despite me telling the vodafone caller I do not want calls and that I am a nightworker and require sleep in the day, the vodafone rep still continued asking me questions. After about 20 minutes and explaining 3 times that I do not want the call and that I need sleep, the questions continued, so in the end I politely explained I will end the call as I do not want it. Result = Me not able to work that night due to lack of sleep. I know that this loss of earnings would be difficult to prove.

 

 

Basically, vodafone have failed me on numerous occasions despite my repeated instructions that they should not.

 

I now seek compensation. IMHO, companies such as vodafone should abide by the Data Protection Act and should not require their customers to request 'no contact' repeatedly.

 

They have ignored DPA repeatedly by continuing their communication, they are now ignoring DPA as have failed to provide me with SAR. I have a feeling that they are not providing me with SAR since they do not want to officially show how many times they have communicated with me against how many times I have requested they do not.

 

I need to find a way to force them to give me my SAR. - Would this be an order for specific performance? Also, any advice on how I can proceed with harassment claim?

[Ganymede]

Ok well hopefully the calls will stop now.

 

In relation to your compensation claim, I don't wish to appear negative but I can see you hitting a few difficulties with what you want to claim for.

 

It could be argued that it was unreasonable to buy a new phone and you didn't mitigate your loss by just paying a few pounds for a new sim only. I also can't see you being awarded money by the Court for your time dealing with calls, and certainly nothing for loss of earnings because of a 20 minute phone call that you simply could have hung up on after 30 seconds.

 

In relation to compliance with the SAR, I think there are templates on this forum that you can use and amend to suit your claim.

[p3t3r]

In relation to compensation claim, I intend to claim for the time I have wasted with Vodafone. Similar to this story here: http://www.bbc.co.uk/news/business-20068927 I did inform vodafone on one occasion that any further communication to me will result in a charge for my time.

 

Yes, Vodafone could argue that it was unreasonable for me to buy a new phone. But the reason I bought a new phone was because Vodafone clearly can not stop their calls and texts despite me asking them on many occasions both this year and last year. So, buying a new phone was the only way I could see in order for me not to be disturbed by their incessant unsolicited communication. I could not buy a SIM card to put in the phone since Carphone Warehouse told me that the phone is locked to vodafone network.

The other reason for me buying a new phone was to prevent vodafone from failing in their duty under DPA during the next few months since it is clear to me that vodafone either ignores my requests or does not have the ability to carry out my requests. So, buying a new phone negates any future timewasting and financial loss. I am quite happy for vodafone to compensate me for the cost of the phone and I send the phone to them, otherwise essentially I would experience unjust enrichment from effectively a free mobile phone (albeit, a phone locked to what is in my opinion a network that disregards its legal obligations to its customers).

 

Sure, I can just let this matter go.... Put it down to bad experience... However, I feel that vodafone should make an adequate compensatory payment for my financial losses as well as wasting my time.

[p3t3r]

Vodafone are now well out of their time to supply me with my SAR. Hardly surprising when reading this thread that they have failed yet again in DPA!

 

I will wait a few more days, then report failure to supply SAR as well as other DPA breaches as outlined in this thread to the ICO.

 

I don't know if I am still receiving calls or texts since my vodafone phone is now generally switched off as I have bought a replacement with a different network which seems to know what it is doing.

[p3t3r]

PUT the code 'WRT135 - CAGicon Forum' this method to alert them to your thread:

 

you MUST .

Once sent, you'll receive an automated reply

 

Hi,

Thanks Paul!

I have already done that a number of weeks ago. It resulted in the CAG vodafone rep actually calling me on my phone to speak to me in relation about not wanting phone calls - despite being told that I don't want phone calls as I don't want to be disturbed as i am a nightworker, also despite my request that vodafone can only contact me in the times i stipulated in relation to my complaint. Certainly not to contact me outside those times, and definately not over a week later!

 

nevertheless, my request was still not actioned.

 

im done with this company. it seems nobody knows what they are doing.

[p3t3r]

hello,

This thread is completely unrelated to my other thread concerning vodafone.

 

This thread I am posting on behalf of a friend.

 

My friend has had a vodafone contract for several?? years. Last week he upgraded his phone at a 'phones4u' shop. 2 days after the upgrade, he received a call from PPI claims company.

 

this call from the PPI claims company was the first 'spam' call he has had on his phone during the times he has had his phone.

 

the reason he doesn't want any unsolicited calls is that on occasions his phone is used for potentially literally life and death situations. junk calls are not welcome. he is very particular as to who he gives his phone number out to. (much the same as myself in other thread)

 

since receiving junk / spam calls after upgrading his phone, he wants to find out who has got hold of his number and released it into the hands of cold calling companies.

 

i doubt that this is vodafone because if they did this then it would have affected him during the times he had already been with vodafone.

 

can anyone suggest how to find out who has sold his number to such cold calling companies?

 

he suspects it is phones4u that has sold his details, though his contract is with vodafone, the retailer, phones4u sold his details.

 

it may seem a small problem, but the phone at times is sometimes literally for medical conditions, on occasion this can mean the difference literally between life and death. like me he doesn't appreciate unsolicited calls.

[fkofilee]

No one may have sold his number. Vodafone may have given him a recycled number. Unfortunately, not much you can do about that.

[silverfox1961]

Hi,

Damn clever of your friend to get a contract from Phones4U since they have been in administration and all shops were closed since last September

[p3t3r]

No one may have sold his number. Vodafone may have given him a recycled number. Unfortunately, not much you can do about that.

 

he has the same number, the problem happened after he had upgraded his phone from phones4u shop

[silverfox1961]

he has the same number, the problem happened after he had upgraded his phone from phones4u shop

 

huh!!!

Last week he upgraded his phone at a 'phones4u' shop. 2 days after the upgrade, he received a call from PPI claims company.

[p3t3r]

Hi,

Damn clever of your friend to get a contract from Phones4U since they have been in administration and all shops were closed since last September

 

his existing contract - he upgraded this in Phone4U store. he said phone4u, last week,