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tonycee

Lowells / Vodafone

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A bit of advice please. 

I took out a mobile broadband contract with Vodafone through Currys PC World approx. 14 months ago.

I took out the agreement on the understanding that, like other providers i had used, I would not be allowed to go over the agreement data usage limited without authority.

 

After about 3 weeks of usage they blocked my account and tried to charge me about £200 for over limit data usage at £26 per gig. 

 

I have asked Lowells, who have bought the disputed debt, I never heard back from Vodafone about my complaint,  for a copy of the signed agreement that shows the cost of the hidden charges. I would never have signed up if I had known the cost.

 

Lowells say they don't have to provide anything and are going to resume pursuit of this debt.

 

I have no fear of these people.

 

I guess my question is, do they have the right to pursue a debt without proving the debt exists.

 

Thanks in advance for any advice.

 


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I Wish you everything you wish yourself.

 

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NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

 

 

 

 

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Hmmm yes they can pursue but its your choice whether you wish to reciprocate or ignore them....have you retained documentation to confirm this dispute with VF ?

 

Andy


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Hi Andy.

Yes. If years of being on here has taught me one thing, its to keep the evidence...LOL...

 

On trading standards advice, I downloaded their complaints form and sent a copy to Vodafone, and hand delivered a copy to Currys, where I took out the agreement.

I don't have a problem with pursuit / defence, that's what they do. I have 2 problems.

1. If you got your new car home from the showroom and a month later they sent you a hidden mileage charge, would you accept it?

2. How can anybody claim a debt if they cant prove it ? 


.

 

 

 

I Wish you everything you wish yourself.

 

.

 

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

 

 

 

 

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As you probably know Mobile Accounts are service agreements and not regulated by the CCA1974.......so your going to struggle to get hold of any agreement if there is an agreement because normally the account is activated on insertion of the sim and use...so you accept their T&Cs and form the agreement simply by using the service.

 

As for proof....should Lowell decide to litigate and issue a claim form they would rely on the usual  copies of statements etc and the balance of probabilities argument...but given that you have retained proof of the dispute your well armed with a defence should this happen.

 

I personally would not engage and simply file all their  usual waffle until such time you receive a Pre Action Protocol letter or letter before action...then you can put them to strict proof..but in reality you shouldn't need to if you have a genuine dispute unresolved by VF.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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Thanks Andy. Your a star.

They keep asking for a copy and all the terms of my complaint with Vodafone. I keep telling them I will swap it for a copy of the agreement. It falls on deaf ears though, and we go back to square one.

One thing I struggle with is, if I don't get a copy of the terms and conditions prior to the sim card being inserted by the providing sales rep, how can I know that there are hidden charges even if I specifically stated I wanted to know the terms and charges, before purchasing.

I assumed there were trading standard conditions and comsumer rights to protect me from this sort of thing.

 

Thanks again.


.

 

 

 

I Wish you everything you wish yourself.

 

.

 

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

 

 

 

 

[sIGPIC][/sIGPIC]

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How did you enter into this agreement ...online by phone or branch ?


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

If you want advice on your thread please PM me a link to your thread

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I walked into my local Currys PC World store.

I was in between health issues, moving house, and had no other form of Internet,

I made it absolutely, categorically clear that I must not be allowed to go over the agreed limit as I was off sick and on benefits. I know this is an option as I have had it with other providers. I was reassured that I would receive a screenshot as I approached my limit, and be offered the chance to purchase more data.

This did not happen, and in approx. 3 days they want to charge me approx. £200 for excess data usage.

I will fight this tooth and nail, but need to be sure of my rights. Trading standards say I have a case on the basis of being mis sold, but they are not as helpful as you guys on here.   


.

 

 

 

I Wish you everything you wish yourself.

 

.

 

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

 

 

 

 

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