More Vodafone problems***Claim Settled in Full with Costs***

[OscarMutley]

I'm hoping someone can help me with this, as I am now rather worried about a letter I have received from Vodafone.

 

I placed an order online with them for a new PAYG phone and paid by TSB Debit Card (£114.00), I asked for collection from a store near work. They then said I neededd to take in various bank statements and utility bills, which I through was rather strange, so I immediately asked them if I could change delivery to my home address.

 

They stated that to do this, I had to cancel the original order and place another one, but I would receive a refund for the cancelled order within 3 days. This was on 26 November 2016.

 

I received the phone from the later order (using a Lloyds Debit Card) and have since had it unlocked as I am now using Sky Mobile (O2). I don't have any contract with Vodafone, and I don't use their network. There was no commitment to do so.

 

However, I never received the refund for the original cancelled order. In early December I had a TWO HOUR conversation with someone online, who again promised the refund within 3 days. Three weeks later I then had a THREE HOUR conversation on the phone with someone who promised a refund with 3 days.

 

At the beginning of January 2017 I wrote to their complaints department who emailed me to say someone from the Directors Complaints Office would contact me within "a few days".

 

That didn't happen, so THREE WEEKS later I started action through the Small Claims Court to recover not only my original £114, but also the court costs and some compensation for my time wasted on this matter. I addressed the claim action against their CEO, Nick Jeffery, as their Emails claimed to be "for and on behalf" of him as CEO.

 

I have now received a letter from Vodafone's Solicitors telling me that unless I immediately drop the County Court Claim, which they say has no basis, they will initiate a counter-claim to "strike out the claim against Nicholas Jeffery, and seek Mr Jeffery's legal costs for his wasted time in dealing with the frivolous action"

 

I have also today received an Email from the complaints department stating that my complaint is closed as it is with their Solicitors.

 

I am astounded that I am being threatened in this way by Vodafone. They owe me money, have made no attempt to pay it, and essentially threatened me with legal fees if I attempt to claim it through the court.

 

What am I supposed to do?

 

Surely I am in the right, and I intend to go to Court if necessary. How can they claim I have no basis to get back my money? The order was cancelled 20 minutes after I made it, yet they still took the money 3 days later. Surely I should have to fight for my money back in this way?

Edited February 3, 2017 by OscarMutley

[AndyOrch]

Own thread created Oscar...please continue to post here to your thread.

 

Regards

 

Andy

[renegadeimp]

I think the problem you have is youve gone against the CEO personally instead of against the company.

[tumble]

Ofcom are inundated with complaints about vodaphone ,

throw in another one for good measure and get a reference number .

 

 

Their customer services has a shocking reputation.

 

 

I recently ( yesterday ) after making a SAR request on the 1 Nov threatened them with the ICO , all my bills have been sent today by email.

It's sounds like they are bullying you.

I would reply to their solicitors stating you take humbrage to corporate bullying and it is because the customer service is so diabolical that you felt your only redress was through the court system

, also add that you are reporting them to Ofcom.

 

 

I would not withdraw the claim

- but that's me ....

[renegadeimp]

All well and good. But he issued the claim on the CEO personally.

Not the company.

He'd lose the claim if he continued.

[tumble]

Erm is the CEO not responsible for diabolical customer service ?

 

I think the solicitor has behaved inappropriately.

 

This is a litigant in person making what sounds like a valid claim.

 

The response sounds intimidating and I'd say your going to use it as evidence should the case continue .

 

If you can get a refund then withdraw and start again

- I'd say you'd be happy to withdraw on full and final settlement

- and their letter is going to the ombudsmen

- the address is on their website .

[GrumpyToSayTheLeast]

The OP had no contract with the CEO, his contract was with the company Vodaphone.

Vodaphone is a trading name of a limited company, and therefore the OP can only pursue the LTD comp.

Any action against the CEO is automatically going to fall flat on its face, and as warned, may be seen as frivolous or even vexatious which then opens you up to being lumped with costs.

Look on your bank statement or contract to confirm who you dealt with and sue them.

[GrumpyToSayTheLeast]

Erm is the CEO not responsible for diabolical customer service ? ��

 

I think the solicitor has behaved inappropriately.

 

This is a litigant in person making what sounds like a valid claim.

 

The response sounds intimidating and I'd say your going to use it as evidence should the case continue .

 

If you can get a refund then withdraw and start again

- I'd say you'd be happy to withdraw on full and final settlement

- and their letter is going to the ombudsmen

- the address is on their website .

 

The CEO is an employee. He reports to the board of directors who in turn report to investors. NONE of which are personally liable for any of the companies debts. Your head is in the clouds if you think you can just pick an employee and sue them just because you have their name and dont feel like sueing the ACTUAL company that you had a contract with.

That would be a big fail.

[OscarMutley]

The action in the small claims court is against him as CEO, not just as a random individual. Their complaints department state quite clearly that they are speaking "for and on behalf of Nick Jeffrey", so surely it's quite legitimate to use his name when addressing the claim against the company.

 

Why don't they just settle the claim, instead of dragging it out. They haven't even addressed WHY I still haven't had my refund after more than two months.

 

They seem more concerned with the pedantry of who is named in the claim.

[OscarMutley]

The OP had no contract with the CEO, his contract was with the company Vodaphone.

Vodaphone is a trading name of a limited company, and therefore the OP can only pursue the LTD comp.

Any action against the CEO is automatically going to fall flat on its face, and as warned, may be seen as frivolous or even vexatious which then opens you up to being lumped with costs.

Look on your bank statement or contract to confirm who you dealt with and sue them.

I have no lasting contract with Vodafone, I only wanted to purchase a mobile phone from their website. That is a 'contract' in the legal sense, but nothing beyond the purchase and receipt of the goods.

 

My only intention was to address the court action against Vodafone, and I used the CEO's name because their responses used it. I would have thought that was reasonable.

 

Are you suggesting I should withdraw this action and start one which specifically states Vodafone UK Limited as the defendant?

Edited February 4, 2017 by OscarMutley

[GrumpyToSayTheLeast]

Yes, you should withdraw and start again.

The CEO in NO capacity is liable for this and it will be a wasted effort and cost.

They will simply prove you bought a phone from the ltd company and not him personally and case is lost. As simple as that.

[fkofilee]

Dunno if its worth checking out but; https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part19/pd_part19a

But thats strange too that Voda's solicitors are dealing with it although you have put the CEO as the defendant. Thats weird...

[AndyOrch]

Their Solicitors are not party to the claim fkofilee..the above is not applicable and therefore would naturally deal with any claim made against a company employee.

 

Andy

[fkofilee]

Thanks for clarification Andyorch... I just wondered that was all.

So its deffo a withdraw and resubmit a new claim with Vodafone as the defending party?

[AndyOrch]

Thanks for clarification Andyorch... I just wondered that was all.

So its deffo a withdraw and resubmit a new claim with Vodafone as the defending party?

 

Correct...but the OP does not seem to wish to accept this.

[OscarMutley]

Correct...but the OP does not seem to wish to accept this.

That's what I intend to do, but I seem unable to access the case on Money-Claim Online. It's not showing me the case at all. I have emailed their help desk, so hopefully I will get a reply tomorrow.

 

I am very grateful for the advice I have received on here.

[AndyOrch]

That's what I intend to do, but I seem unable to access the case on Money-Claim Online. It's not showing me the case at all. I have emailed their help desk, so hopefully I will get a reply tomorrow.

 

I am very grateful for the advice I have received on here.

 

Pleased to hear this Oscar...please update your thread once you have contacted MCOL.

 

Andy

[OscarMutley]

Just a quick update. I discontinued the original claim against Vodafone's CEO, and re-issued it against Vodafone UK Ltd.

 

Oddly, I have received a response from HMCTS indicating that Vodafone wish to dispute the whole claim. I'm not sure what their defence can be, having never issued me a refund from more than 3 months ago.

 

Oh well, I'll let you know when I received their defence.

[OscarMutley]

I received another letter today simply repeating the information provided yesterday.

 

However, I've checked on information from Companies House, and Vodafone UK Limited only has responsibilities for 'Head Office Functions', whereas 'Vodafone Limited', who have responded to the claim as the defendant is responsible for 'telecommunications services'.

 

I want to make sure I'm not being led on a "song & dance" by different subsidiaries here. As 'Vodafone Limited" has responded to a claim against 'Vodafone UK Limited', can I safely assume that they are accepting that they are the defendant?

Edited March 3, 2017 by OscarMutley

[mikeymack2002]

Maybe it's time to send Vodafone a Subject Access Request (SAR) click on the link to get the information, you should get all the documents and it should include the all important contract you signed at the start of your initial service agreement.

 

Once you have this you will have the correct company you wish to take to court. If you get it wrong you will waste money by taking the wrong one to court.

[OscarMutley]

Thanks Mikey,

 

I have issued a SAR. It was rather strange to have to hunt out my cheque book to write one (only the 2nd on an account I have held for 10 years).

 

It's a shame I couldn't do it all online. I'll post the letter in the morning.

[OscarMutley]

UPDATE & RESULT

 

Last week I had an email from Vodafone asking me to give a date/time they could call me. I gave them 2-4pm today as I have a day off work.

 

They have just called me, and confirmed that they will pay my County Court claim in full (£499.99 + court costs) for failing to refund the £114 for a cancelled mobile phone order in November 2016.

 

 

Thank you to those on here who provided advice.

[AndyOrch]

Excellent news Oscar...well done ..thread title amended to reflect the outcome.

 

 

Regards

 

Andy

[fkofilee]

Dear Oscar... Im extremely happy for you!

Im glad you got a great result to close the claim. It proves you can stitch Vodafone up.

 

Could i possibly ask if there's a chance you could make a donation to the site, however small. You dont have too at all, but it keeps us going in the long term to help others like you

 

FKO

[OscarMutley]

I'd be very happy to make a donation by way of thanks for the advice I received.