@vodafoneuk Is this fraud? What the heck is going on!?

[Caligulazbaby]

Oh and do I send a copy of this to riverview law or just a copy to my local court?

[AndyOrch]

I received a letter from the courts today so I think we're coming to the end of the road. Not really allocation is the start

 

The claim has been allocated to the small claims track which will take place Nov 30th.

 

It says a hearing fee of £80 is payable by 16th Sept unless the claimant makes an application for a fee concession. Would I be entitled to a fee concession? You will have to check

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406096-LEGAL-EX160-160A-Court-Fees-are-you-exempt.-**Correct-as-at-April-2016**

 

It says each party shall deliver to every other party and to the court office copies of all documents which he intends to rely at the hearing.....What do I need to include in this? All your evidence that your claim is based and relies on Would this be my original vodafone contract, the e-mails printed off, the receipts for the stuff I sent by recorded delivery, my SAR folder including correspondence with vodafone that was omitted from the SAR. Do I send literally everything I have saved and filed now? Yes except the actual claim

 

It also says the CLAIMANT must send to the court....or the DEFENDANT must send to the court....Do I need to send as both claimant and defendant given I was counter-claimed against? No just as claimant Or is it the same as before where I just send everything in 1 jobs lot as it is the same case regardless of position.

 

Follow the directions carefully...serve on the court and the defendant your witness statement and your disclosures by the dates stated.

 

Andy

[Caligulazbaby]

Follow the directions carefully...serve on the court and the defendant your witness statement and your disclosures by the dates stated.

 

Andy

 

Thank you Andy, looks like I have a lot to sort.

[Caligulazbaby]

Hello again CAG,

 

I served 27 pages of disclosures to riverview law and my local court, including fishing out and printing off the BBC news story Bankfodder posted back in March about the number of customer complaints. The £80 court fee was waived and I have until September 30th to serve my witness statement. The following is what I have so far. Any feedback would be much appreciated. I was thinking maybe referring to page numbers from my disclosures for certain parts? Or would I do that in court..?

 

XXXX's Witness Statement

 

XXXX v Vodafone Limited

 

Claim Number: XXXXXXXX

 

Flat X XXXXX House

The XXXXXXX

XXXXXXX

XXX XXX

 

1. Vodafone breached contract by failing to provide me with a sim card after 2 requests through livechat.

2. I cancelled my direct debit, Vodafone let the account run continuing to charge £34.50 per month for 4 months

3. Dec 30th I receive 2 e-mails from Vodafone saying calls to premium numbers and numbers abroad had been lifted from the account.

4. The January bill then jumped from £162.83 to £388.80.

5. I contacted Lee (Vodafone Rep from consumer action group forum) who said I had to pay either £162.83 or £388.80 as resolution which I deemed unacceptable.

6. He then offered to wipe the debt but said I must remain in contract with Vodafone and that I had until March 29th to give me answer.

7. I sent my first SAR which was returned 18 days later asking for proof of ID. For what it's worth 18 days is a ridiculous amount of time for this.

8. 10 days after the offer from item 6, I began to receive an aggressively high quantity of intimidating letters from a debt collection company called Advantis as well as further letters requesting payment from Vodafone even though there was still 38 days left for my answer.

9. On February 29th I asked Lee if my credit rating had been affected which he admitted had been trashed but said "as a gesture of good will" they would replace the late payments with query flags which is completely unacceptable. Not only was this unacceptable but this communication was not included in the SAR which was suppose to include all communication until March 3rd.

10. I have included a news story from the BBC news website regarding soaring customer complaints. This doesn't affect my case directly but I felt including it would help show I am not alone and that this isn't some sort of personal vendetta.

11. I then sent my 2nd SAR along with an official letter before action and all requested identification.

12. The SAR arrived and the LBA wasn't even acknowledged.

13. After ignoring Advantis I finally contacted them to explain the situation. After a few e-mails back and forth they closed the case and returned it to Vodafone. They also stated they would not contact me again in future regarding this matter.

14. The MCOL site didn't give me an option to serve particulars separately. The following are my detailed particulars.

15. £1 for the pay as you go simcard.

16. £866.40 for my time bringing this matter to a satisfactory conclusion.

17. £10 for the SAR, especially given this request was not met which I think in itself is illegal(?)

18. £19.35 for 3 recorded delivery letters. I only have the receipt for 1 but I would hope to be believed that I sent 2 for the SARs and LBA plus 1 for court documents.

19. £60 MCOL fee.

20. Interest pursuant to section 69 of the County Courts Act 1984, namely £82.92 and continuing until Judgment or sooner payment at the rate of 8% pa.

21. I therefore claim £1,039.67.

22. I demand a full and complete explanation of what happened to my Vodafone account on December 30th 2015. The glossary included in the SAR did not contain the abbreviation for UC4 meaning no light was shed on the events that took place. A Vodafone employee was responsible for the illegal changes on my account. Changes made on an account where 4 months of bills had not been paid.

23. I demand that all markers, late payments, query flags or anything placed on my credit record by Vodafone from August 2015 be removed completely given I was no longer under contract with them after they breached article 12a our agreement.

[fkofilee]

22 - "Illegal"

 

Id take that out... They weren't illegal, Vodafone can change settings on your account, but this action isnt "illegal"

Try changing it to unrequested...Probably will sound a lot better

 

17 - "Illegal"

 

Remove that part out too.

Reword to £10 for DSAR that was never delivered when first requested.

 

Mostly judges just want facts, So keeping it straight to the point, I imagine, would help the case for you.

 

7 - "Ridiculous"

 

Reword to "This is too long for an issue of this nature and should have been sent sooner"

 

9 - "Trashed"

 

Remove this and add something along the lines of - "admitted that adverse information had been added to my Credit Profile"

Also add date of when SAR Was Received. - If Over 40 days then Vodafone didnt comply within the timescales set by the DPA 1998

[AndyOrch]

All witness statement require an intro from you ..who you are etc...and must finish with a Statement of Truth...dated and signed.

[Caligulazbaby]

Reword to £10 for DSAR that was never delivered when first requested.

 

 

Also add date of when SAR Was Received. - If Over 40 days then Vodafone didnt comply within the timescales set by the DPA 1998

 

The SAR was delivered within 40 days but it didn't contain a correspondence between myself and Lee, the old vodafone rep here. The SAR was meant to cover until 3rd March 2016 and the e-mail is from late Feb. It begs the question what have they left out that I don't have evidence for. I know it's only 1 e-mail as proof but rules are rules (?)

 

Thank you and Andy for your responses. This is the edited witness statement.

 

XXXXXXX XXXXXX'X Witness Statement

 

XXXXXXX XXXXXX v Vodafone Limited

 

Claim Number: XXXXXXXX

 

 

My name is XXXXXX. My address is XXXXXX. I am a part-time chef and investor. In September 2014 I agreed a 24 month contract with Vodafone Limited for an iPhone 5S handset plus an agreed telecommunications package.

 

 

1. Vodafone breached contract by failing to provide me with a sim card after 2 requests through livechat.

2. I cancelled my direct debit, Vodafone let the account run continuing to charge £34.50 per month for 4 months

3. Dec 30th I receive 2 e-mails from Vodafone saying calls to premium numbers and numbers abroad had been lifted from the account.

4. The January bill then jumped from £162.83 to £388.80.

5. I contacted Lee (Vodafone Rep from consumer action group forum) who said I had to pay either £162.83 or £388.80 as resolution which I deemed unacceptable.

6. He then offered to wipe the debt but said I must remain in contract with Vodafone and that I had until March 29th to give me answer.

7. I sent my first SAR which was returned 18 days later asking for proof of ID. For what it's worth this is too long for an issue of this nature and should have been sent sooner.

8. 10 days after the offer from item 6, I began to receive an aggressively high quantity of intimidating letters from a debt collection company called Advantis as well as further letters requesting payment from Vodafone even though there was still 38 days left for my answer.

9. On February 29th I asked Lee if my credit rating had been affected which he admitted that adverse information had been added to my Credit Profile and said "as a gesture of good will" they would replace the late payments with query flags which is completely unacceptable. Not only was this unacceptable but this communication was not included in the SAR which was suppose to include all communication until March 3rd.

10. I have included a news story from the BBC news website regarding soaring customer complaints. This doesn't affect my case directly but I felt including it would help show I am not alone and that this isn't some sort of personal vendetta.

11. I then sent my 2nd SAR along with an official letter before action and all requested identification.

12. The SAR arrived and the LBA wasn't even acknowledged.

13. After ignoring Advantis I finally contacted them to explain the situation. After a few e-mails back and forth they closed the case and returned it to Vodafone. They also stated they would not contact me again in future regarding this matter.

14. The MCOL site didn't give me an option to serve particulars separately. The following are my detailed particulars.

15. £1 for the pay as you go simcard.

16. £866.40 for my time bringing this matter to a satisfactory conclusion.

17. £10 for the SAR, especially given this request was not met.

18. £19.35 for 3 recorded delivery letters. I only have the receipt for 1 but I would hope to be believed that I sent 2 for the SARs and LBA plus 1 for court documents.

19. £60 MCOL fee.

20. Interest pursuant to section 69 of the County Courts Act 1984, namely £82.92 and continuing until Judgment or sooner payment at the rate of 8% pa.

21. I therefore claim £1,039.67.

22. I demand a full and complete explanation of what happened to my Vodafone account on December 30th 2015. The glossary included in the SAR did not contain the abbreviation for UC4 meaning no light was shed on the events that took place. A Vodafone employee was responsible for the unrequested changes to my account. Changes made on an account where 4 months of bills had not been paid.

23. I demand that all markers, late payments, query flags or anything placed on my credit record by Vodafone from August 2015 be removed completely given I was no longer under contract with them after they breached article 12a of our agreement.

 

This statement (consisting of 2 pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have willfully stated in it, anything which I know to be false, or do not believe to be true.

 

Signature: Date:

[AndyOrch]

Requires a Statement of Truth...otherwise the court will return it and the defendant will object to its inclusion as evidence.

[Caligulazbaby]

Requires a Statement of Truth...otherwise the court will return it and the defendant will object to its inclusion as evidence.

 

I thought that was this bit I put at the end. Did I do it wrong?

 

 

This statement (consisting of 2 pages each signed by me) is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have willfully stated in it, anything which I know to be false, or do not believe to be true.

 

Signature: Date:

[AndyOrch]

STATEMENT OF TRUTH

The contents of my statement are true to the best of my knowledge and belief.

 

Caligulazbaby

 

Dated this day……………………..2016

[Caligulazbaby]

STATEMENT OF TRUTH

The contents of my statement are true to the best of my knowledge and belief.

 

Caligulazbaby

 

Dated this day……………………..2016

 

Ok thank you, I'll reword that and get it sent off.

[Caligulazbaby]

Hello again CAG,

 

Everything was sent ok and the £80 fee was waived which was a pleasant surprise. Since handing in my evidence and witness statement, I (and the courts) received the following from Riverview Law.

 

"Dear Sirs,

 

*some jabber*

 

Page one of the order directs the parties to file and serve evidence 14 days before the hearing. Page two of the order also directs the parties to file and serve evidence, no later than 14 days before the hearing. The order then goes on to list directions that differ from the above.

 

As this is a small claims matter and the standard directions are to file and serve evidence and witness statements no later than 14 days before the hearing and as this is stated on the first and second page of the order, we respectfully inform the court that we will comply with this direction and confirm our evidence and statement will be served no later than 14 days nefore the hearing listed for 30th November 2016.

 

A copy of this letter has been sent to the claimant"

 

I was wondering if this letter changes anything? Or is it just standard procedure.

[AndyOrch]

Not normal...if anything will annoy the court...14 days is 14 days...why question it....ignore.