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    • I have not looked much at your WS though it is looking good. I would have mentioned that as they failed to comply with  Town and Country Planning (Control of Advertisements) (England) Regulations 2007. that they are in breach of their agreement CoP with BPA to keep to all the legal requirements in running their parking  operations. It calls into question their right to apply for motorists data from the DVLA. I would wait for their WS to arrive so that you can pick holes in that too. howver watch that if they are late that you send your off just within the Court guidelines. What you are tying to do with your WS is to put your side of the case plus put CEL in as bad a light as possible for them to  decide that they don't really want to go to Court after all.
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    • I am bound to say that their alleged contract is probably the weirdest I have seen. Considering it is supposed to be a serious legal contract to set out the conditions under which CEL manage the parking on land that does not belong to them it leaves a lot to be desired. For a start it does not comply with the BPA Code of Practice which is   7.3 a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement d who has the responsibility for putting up and maintaining signs e the definition of the services provided by each party to the agreement.   Sono  mention of hours: no mention of types of vehicle restrictions: no mention of who is responsible for the erection and maintenance of signage and much more serious -no mention that CEL have to comply with the BPA Code of conduct-that one is listed on 7.1.  All it states is that the operator can pursue outstanding PCs in accordance with the COP but that is not the same as saying that CEL will abide by the CoP which it must say. Also AFAIK the only entity that can pursue for trespass is the land owner regardless of what this quasi agreement says. There is also no mention of the financial aspect of the arrangement nor how the long it lasts and what notice is required for either side to terminate.     It might be worth writing [not emailing ]to Medburn Estates asking them to confirm if this is the only agreement with CEL and whether they think it right that CEL have not received planning permission for their signs from the Council rendering their signs illegal which is more serious than unlawful and therefore all PCNs issued are worthless and should not have been issued as it is impossible to form a contract with motorists when the signs are illegal. Also that as CEL are their agents Medburn Estates LTD are responsible for the actions of their agents. You could also ask them to cofirm that the signature on the paper is that of their Director, Anthony Brown and whether their copy has a counter signature of a CEL representative. Carry on that CEL are taking you to Court and as another Judge has asked a Landowner to appear in front of him to explain their contract, whether it might be in the best interest of Medway to have a serious conversation with CEL to avoid any possible  embarrassments in your  [ie Laluna] Court appearance.        
    • UncleB - where you write "This could lead you to facing the Bank in Court..."   1stly -  would that mean now?  by remote hearing?  Or when the courts open after the summer?   2ndly - Does the application for set aside automatically prevent the B hearing going ahead?   3rdly - Will sending in an application to have the B petition set aside mean that I have to disclose an address for service?   I can only give a mailing address   4thly - Could having an early (remote) set aside hearing potentially quicken up the process for the bank if I am obliged to give them a suitable place for service?  At the moment I assume the hearing was adjourned for lack of physical service.   I want/ need to get a set aside.  But don't want to shoot myself in the foot.  
    • Where I have sight of a letter which states the following: "a) the case is removed from scheduled date and time on the court list forthwith    b) the case will be re-listed on the 1st open date after x few months, a date to be advised" Is there any way a hearing would be any earlier than suggested?  Lockdown closed courts but may they open early?    Could the bank ask it to be brought forward even with lockdown still in place officially til end July?    Would that depend on them physically serving a b petition?   Could the 1st open date be any time up to Christmas with such a potential back log of cases?  
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At the end of my previous mobile phone contract I decided to change provider and move to Vodafone. It was one of the worst customer experiences of my life. Coincidentally, at that time, I became unemployed and having registered my old number with many recruitment agencies and former colleagues/employers I desperately needed my original number to be available for them to contact me on if/when any suitable roles came up.

 

I was told by Vodafone that the transfer of my number would be straight forward and there would be no problems. It would all be sorted within 24 hours. Unfortunately I trusted them to make this happen. It eventually took around 3 weeks for my number to function correctly. I made many attempts to get this sorted with a variety of Vodafone call centre personnel who 'sincerely promise' that my number would work within 24 hours. I made each one give me a timescale for it being resolved before ending the conversation. Each one lied just like the one before (I have copies of the calls/chat conversations). I called into 2 separate (local) Vodafone shops on more than one occasion to try to resolve the problem. I was in absolute desperation due to the employment situation. My original number could be used to make calls but I couldn't receive ANY. My mobile number was in limbo. I couldn't return to my original provider and I couldn't receive any calls through Vodafone.

 

The manager in one of the branches really tried to help. He understood the situation and to appease me (he had limited power to resolve the issue) gave me a free 30 day sim card on a new Vodafone number. The manager of another branch also tried really hard to resolve this but he told me it was a known issue with Vodafone.

 

He had 3 more customers coming in THAT day with the same problem. Apparently the problem was due to the network and systems being inadequate to deal with the transfers. He also mentioned that I wasn't likely to improve quickly. I've now been contacted by a debt recovery agency who are asking me to contact them about this, no doubt wanting me to pay for a Vodafone bill. The day my number was completely ported into Vodafone and working correctly I IMMEDIATELY requested a PAC number to leave Vodafone and return to my original provider.

 

I did this and was fully operational with 24 hours. I also cancelled my DD with Vodafone so I've not made any payments to them for the 'service' I received. Also worth noting is that during my sorry dealings with this company I noticed that they don't seem to like to put things in writing. During the on-line 'chats' to resolve the problem they requested to contact me by my landline phone to discuss the problem. I refused this offer so that I could maintain a written account of what did happen.

 

I have since received more calls from Vodafone and each time I refuse to talk with them. Even though they have my email and home address details they have never communicated the so-called debt issue with me. They are now using a debt recovery agent (who do have my email address!!). As yet, I have not responded to their request. Any advise on what to do next would greatly be appreciated.

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Oh dear! VF at its usual best.

 

As a matter of urgency, I would get copies of your credit file just to ensure that VF haven't been silly with placing markers or defaults on it. VF are ruddy quick at adding them and taking ages to remove them.

 

At the same time, WRITE to Vodafone (no emails or live chats or phone calls) making a Formal Complaint as I'll bet they haven't been treating this matter as such and therefore can take as long as they like to resolve. Once you have made them formally aware of the complaint, they have 8 weeks to resolve and if they fail to do so, you can go to the Ombudsman.

 

While there may be little in the way of account info, it may be worth getting copies of them via a SAR.

 

As for the debt collector, ignore them as they are attempting collection on behalf of Vodafone and VF are still responsible for it.


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We have a Vodafone customer rep who comes onto this forum sometimes.

 

The problem is that he has told me that they are so busy and overwhelmed with customer complaints which are coming to them directly, that he doesn't necessarily have time to come here and it seems that that people who have had such a bad time trying to get Vodafone to listen to them and who end up coming here, are treated as second-class by Vodafone.

 

He may look at your thread and he may decide to help but of course you're no longer Vodafone customer so I imagine that you are properly third or fourth class.

 

I would suggest that you read our customer services guide and having implemented the advice there, do get on the telephone to Vodafone and record the calls and see what they say. I would particularly lead them into a conversation where they admit their errors – in addition to whatever you have already got in your chat records.

 

As has already been explained to you, Vodafone seem to be lousy at running people's phone accounts, very quick to smash up their credit files, and very efficient at putting their customers into the hands of debt collectors to harass them into paying up money that they don't really owe.

 

On the basis of what you have said here, Vodafone is in breach of contract and I have to congratulate you for leaving Vodafone. More people should do it and less people should join them in the first place.

 

The most important thing here is that you should monitor your credit file – as has been advised. It is highly likely the Vodafone will attack it as part of their campaign against you.

 

If you want help dealing with that, then do let us know. In the meantime, I suggest that you keep a detailed log of all the contacts which are made by Vodafone or the debt collectors. We can help you deal with Vodafone, but it will take a bit of effort. They get paid for hassling you but you will have to do it for free.


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Oh dear! VF at its usual best.

 

As a matter of urgency, I would get copies of your credit file just to ensure that VF haven't been silly with placing markers or defaults on it. VF are ruddy quick at adding them and taking ages to remove them.

 

At the same time, WRITE to Vodafone (no emails or live chats or phone calls) making a Formal Complaint as I'll bet they haven't been treating this matter as such and therefore can take as long as they like to resolve. Once you have made them formally aware of the complaint, they have 8 weeks to resolve and if they fail to do so, you can go to the Ombudsman.

 

While there may be little in the way of account info, it may be worth getting copies of them via a SAR.

 

As for the debt collector, ignore them as they are attempting collection on behalf of Vodafone and VF are still responsible for it.

 

Thanks fornthe.prompt response to this.

 

I have checked the credit score and you're right Vodafone have marked it down (on an otherwise flawless score).

 

I will write a complaint to Vodafone and mention the credit rating issue. Are they also capable of putting this right again though? Would it be worth including copies.of the 'chat' that took place when the problems.began?

 

Thanks.again for any info.

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Thanks fornthe.prompt response to this.

 

I have checked the credit score and you're right Vodafone have marked it down (on an otherwise flawless score). I just knew it :-x

 

I will write a complaint to Vodafone and mention the credit rating issue. Are they also capable of putting this right again though? Would it be worth including copies.of the 'chat' that took place when the problems.began? Yes

 

Thanks.again for any info.

 

I would print out the live char in its entirety and highlight the areas where VF have screwed up. Demand that the marker is removed using their rapid access facility with the credit reference agencies. (they don't like you to know that they have this facility)

 

If you are planning to apply for any form of credit in the immediate future, this marker will have an effect on that application. As it stands, while there is any dispute with an account, they should not be placing anything on your credit file.

 

You are able to add a Notice of Correction to the offending entry to explain why it is there (max 200 words) Creditors must take this into account when making decisions.

 

If, for example, you applied for a credit card with a cheap rate but were offered a higher rate card due to the credit file entry, this could lead to an action by you for compensation.


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As I’ve said, Vodafone have already marked my credit rating, this without any written communication from them about the account.

I’ve written a letter to Vodafone with a chronological history of the problems I had with them. I’ve demanded that they fix my credit rating and back off the collection agency.

I shall ignore any attempt at communication from the collection agency.

After my experience and reading stories about Vodafone I am not surprised that their rep doesn’t have time to resolve issues on here.

Bankfodder: I don’t want to communicate with Vodafone by telephone. I really appreciate your advice and I’ve written to them. For some reason I really don’t trust them anymore and a verbal conversation is not as easy to accurately recall as a written one.

Vodafone have, in the on-line chat messages with me:

  • Apologised
  • Made promises
  • Failed to keep promises
  • Got basic details about my account wrong (type of account)
  • Passed me from pillar to post within the call centre
  • Had technical issues thereby losing the communication link meaning I had to call back.
  • Put me through to wrong departments
  • Assured me I was a valuable customer.
  • Lied by telling me (the porting) had been successfully processed
  • Alegedly ‘escalated’ the matter to ‘priority’.

And yes, although I already have an excellent credit rating, I may need your help to put it right if Vodafone don’t do what they should.

I’ve also said I shall be seeking compensation costs in any necessary communication with Vodafone on this matter. As it stands today, I’ve had to leave work early to deal with this and I am hourly paid!!

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I think you have made a good start with your letter to VF with those bullet points and I would use them as part of the middle section of your Formal Complaint to them.

 

Start the letter by complaining about the way you have been treated, put the bullet points next and in the final piece, put what you would want VF to do to put things right.

 

Keep the complaint as short as possible but include the print outs and send copies with the complain to show where VF have gone so wrong.

 

Any resolution MUST include the erasure of all credit file markers as it was their error that made it appear. If they refuse then you can take further action.

 

Vodafone hate being taken to court and would rather settle that be shown up to be the terrible company they are.


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Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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I disagree with your decision not to deal with them on the telephone. If you follow our customer services guide and record all the calls then you may well find that over the telephone they may make admissions.

 

You're quite right not to trust them of course but recording the calls will protect you and may produce advantages for you.

 

From everything you say, you are entirely justified in terminating the contract. However, I am interested in the fact that you seem to be suggesting that you received some service for them.

 

You tell us what you have received, how much is the bill and what does the bill say that it is for?

 

I see that you have written to Vodafone. That's fair enough but I'm afraid that it is unlikely to have the slightest effect on them. Particularly now that you are not a customer they are unlikely to want to help you. It would be nice if I was wrong.

 

I think that you need to start keeping a close note of all the time and trouble you are taking over this, any expenses, and also please let us know whether the credit file entry is causing you any problems so far in terms of more expensive credit or difficulty getting credit.

 

If there are any effects on your life as a result of the negative entry then you need to keep a record of it because you may need to show it later on.

 

I think that people should start complaining to tradingstandards about Vodafone. I think that over the years Vodafone really have demonstrated a pattern of doing things and these errors are not simply one-offs.


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By the way, would you like to email me your contact details, the telephone number in question and any Vodafone reference numbers to our admin email address please.

 

I have a line of communication open with the Vodafone customer service rep's line manager and I would like to forward your details and a link to this thread to her.

 

I really don't promise any results so don't hold your breath and don't let it interrupts you from taking the action that you are presently taking – but you never know.


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I disagree with your decision not to deal with them on the telephone. If you follow our customer services guide and record all the calls then you may well find that over the telephone they may make admissions.

 

You're quite right not to trust them of course but recording the calls will protect you and may produce advantages for you.

 

From everything you say, you are entirely justified in terminating the contract. However, I am interested in the fact that you seem to be suggesting that you received some service for them.

 

You tell us what you have received, how much is the bill and what does the bill say that it is for?

 

I see that you have written to Vodafone. That's fair enough but I'm afraid that it is unlikely to have the slightest effect on them. Particularly now that you are not a customer they are unlikely to want to help you. It would be nice if I was wrong.

 

I think that you need to start keeping a close note of all the time and trouble you are taking over this, any expenses, and also please let us know whether the credit file entry is causing you any problems so far in terms of more expensive credit or difficulty getting credit.

 

If there are any effects on your life as a result of the negative entry then you need to keep a record of it because you may need to show it later on.

 

I think that people should start complaining to tradingstandards about Vodafone. I think that over the years Vodafone really have demonstrated a pattern of doing things and these errors are not simply one-offs.

 

 

Thanks again for your help and advice. Due to an overlap/timing issues, I've already sent my letter to Vodafone (copied to The Information Commissioner's Office) to start with. (I don't take it lightly when corporations try to push me through their dispassionate mincing machines and will fight this on ALL fronts).

 

 

My distrust of the telephone technique you suggest is partly down to me not being up to speed with recording calls etc and i would hate to loose vital evidence due to an error on my part.

 

 

The elements of 'service' i received from Vodafone were:

 

  • I could make calls from the phone.
  • I had access to their on-line chat facility where i had several chats with their call centre personnel to try to resolve the problem.
  • Had the good fortune to meet a decent manager in one of their stores who could see how stressed i was and gave me a 30 day free sim card - i still couldn't receive calls on my original number though.
  • I've received NO bill from Vodafone. Looks like they've jumped straight to the debt collection agency (which is an interesting route to take, all things considered).
  • That's it!!

The time and trouble i am having is being monitored (emails, letters, on-line chats etc are all being recorded). I'm an Engineer so that sort of record keeping comes as a second nature.

 

 

In terms of credit problems. I generally don't use credit facilities but there are plans for 2016 to buy some new things on credit so we'll see how that goes. I do have friends who could also run checks for me as a part of their own business.

 

 

Shortly after these problems with Vodafone began, i did some research and found a link to Watchdog doing an article about the porting problems Vodafone were subjecting their customers to. I was also told by one of their store managers that the systems they were using weren't really suitable for the mobile network. They were actually more suited to mail systems and he suggested that not much would be done until they were taken over later this year (if that's true or not). So do you think Trading Standards would like to get involved in a case such as this?

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I'll be happy to do this once I've received a response from Vodafone to the letter i sent.

 

 

Again, i really appreciate the help on this.

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I suggest that you let me have your contact and reference details now because I may be able to pass them on to someone who provide help more quickly


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I suggest that you let me have your contact and reference details now because I may be able to pass them on to someone who provide help more quickly

 

 

 

Bankfodder: Here's a copy of 'a' contract. Not sure if this one is specifically mine as i don't remember signing anything as such. If you want any more info please let me know. Also let me know how to contact you via pm if necessary.

 

 

Thanks

Vodafone-Terms-from-October-2015.pdf

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I suggest that you let me have your contact and reference details now because I may be able to pass them on to someone who provide help more quickly

 

Hi Bankfodder. Did you see the attachment i provided?

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Hi Chipper64,

 

I'm sorry to hear about your experience with us.

 

However, I'm sure I can get the outstanding issues you've mentioned resolved.

 

As I'm unable to trace your account from the attachment you've posted, please email me via the Contact us form here.

 

To access the form you'll need to enter the code WRT135.

 

If you'd still prefer to communicate in writing only, please confirm this in your email.

 

Once sent, you'll receive an automated reply with a reference number. Post back with this so I can make sure I've got it.

 

Kind regards,

 

Lee

 

Social Media Operations

 

Vodafone UK

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Chipper, BankFodders PM inbox is always full so it is far better to email him at this address. admin@consumeractiongroup.co.uk. Please be aware that the CAG software sometimes adds spaces to email addresses so ensure that if there is a space just delete the space.

 

Those terms and conditions mean very little as they are generally generic in nature and while they are supposed to offer a service, there is usually a get out for them. There are various terms on the VF website so you would need to find the one applied to your account (which may be the one above)

 

The simple fact is, you contracted VF to provide a service, you then cancelled and asked for a PAC code. As this was not actioned in time, you incurred an extra bill or two which has now been sent to a debt collector.

The simple solution now is for VF to recall this 'debt', cancel it and clean up your credit file alongside one of their famous 'Goodwill Gestures'

 

Sounds simple doesn't it, Not for Vodafone!


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Lee, I'vwe completed the form and now await your response.

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Silverfox. Thanks for your help. I've sent a response to Lee from Vodafone (see above) so I'll email Bankfodder and wait to see their responses.

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Hi Chipper64,

 

I've got your email and I'll get back to you as soon as I can.

 

Kind regards,

 

Lee

 

Social Media Operations

 

Vodafone UK

 

Thanks Lee.

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Hi Lee, Not sure what progress you've made with this case but I've just received 2 letter of Vodafone

 

 

1, My account has been suspended

2, Final notice for overdue payment.

 

 

I take it Vodafone aren't to easy for their own employees to communicate with, let alone the general public.

 

 

I await your response.

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JEEZ!

I suspect this is an automated process activated by what happens with the account. Even if it is automated, there should be safeguards in place to stop this sort of thing.

 

If any of these letters state in any way that your credit file may be affected, it is important that you ensure that if VF file anything further while this account is in dispute, you reserve the right to take further action against them.

 

I would give them a ring but record the call. Some mobile phones have this facility installed, others can be used with an app but by far the easiest way is using two phones.

 

Work out how to record from your mobile phone then use a landline to ring them, recors what excuse they give you and at the same time, get their agreement to store their recording of the call, otherwise it will be deleted.

 

I am going to re read this thread to see if there has been anything missed.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Nothing much more to add except that Vodafone are in breach of their own terms and conditions. There was no network issues that caused the problem as you could make calls. It was purely down to their extremely poor customer service.

In my opinion, due to VFs breach, you are not bound by the terms and conditions even if they added the line " If one term is deemed unlawful, the remaining terms will continue" (or something like that.

It is my belief that Consumer Protection Regulations will protect you as VF are in breach and these new letters could amount to harassment which is now a criminal act. I was only reading a guide earlier today which you may find interesting.

 

Follow the link and look at the guides.

https://www.gov.uk/government/publications/unfair-contract-terms-cma37

 

Please calculate how long you have had to spend on this issue then multiply it by your hourly working rate then add on any call charges you have incurred and any postal/stationery costs then present VF with the bill.

As well as clearing this account, removing all traces from your credit file and offering one of their oh so famous 'Goodwill Gestures' you want compensating for the time and effort you have been forced to do.

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Hi Chipper64,

 

I sent you two emails on 23 February.

 

If they're not in your inbox, check your spam or junk folders.

 

Kind regards,

 

Lee

 

Social Media Operations

 

Vodafone UK

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Hi Chipper64,

 

I sent you two emails on 23 February.

 

If they're not in your inbox, check your spam or junk folders.

 

Kind regards,

 

Lee

 

Social Media Operations

 

Vodafone UK

 

 

Hi Lee,

 

 

The email from 25.02.16 says you checked the account and applied a credit of "£12.98 (inc. VAT) to cover the final balance".

 

 

The notices i received, dated 24.02.16 (account suspension & overdue payment-final notice) both refer to the balance being £13.00. Can you confirm that my account is now completely closed and i need NO FURTHER DEALINGS with Vodafone or their credit collection agents. Also please confirm that my credit rating has been rectified by Vodafone at that you have removed ALL negative markers from my credit rating.

 

 

Thanks

 

 

Chipper64

 

 

If this is the case, i will put this sorry episode with Vodafone behind me and move on.

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