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    • I don't think that you have told us when you bought the car. However, you have referred to a conversation in which they apparently told you that the MOT had been carried out on 11 November so that suggests to me that you bought it after that date. Although it seems as if you are dealing with quite a dodgy crowd, you may as well go through the paces of asserting your proper rights. Because you have discovered this issue within the first 30 days – you can add to the strength of your position by sending them a letter asserting a right to reject the vehicle under the consumer rights act. If a car manifests a defect within the first 30 days then you are entitled to reject it out of hand with no chance of repair but you must assert your right in writing. Send them a letter immediately – recorded delivery – informing them that you are rejecting the vehicle and telling them on what grounds and say that you are asserting your rights under the consumer rights act. It won't make a whole lot of difference, but later on if you find yourself having to take court action, then it will all help. Please let us know when you have had the AA check. Meanwhile, I suggest that you contact me at our admin email address and let me know the identity of the garage and any other identity clues that you have unearthed. It may enable us to give you additional help
    • Assuming you're correct about the limitation running from the last date of deferral. The last deferral was in 2013 so the statute barring period would end on 31 August 2019, the money claim was made on 3rd June 2019 so is within the limitation period. Therefore the debt is not statute barred.
    • I agree with my site team colleague @slick132 but with variations. These people have been needing you around and cause you serious harm in terms of the amount of effort that you have been put to as well as the damage to your credit file. You have taken all sorts of different stories and also been misled by them as to their statutory obligations in respect of data disclosures. It has taken the issue of court claim to get them to make any move. You have taken control of the situation and it is you who has the whip hand at the moment. They are now proposing to telephone you to discuss the matter in some way – but you have no idea. Also, you have no idea who you are going to be speaking to and whether they have authority to commit Virgin to anything at all. If you agree to this phone call then you are at risk of handing control back to them because they will partly ask you to withdraw the action and they will also offer to make a payment as a "gesture of goodwill". Now that you have attracted their attention and they realise that something needs to be taken seriously, I don't think you should let go of the initiative. Please can you post up the email which you received from them. He was it from and what is that person's role within the company. I think you should write to them and refuse the call and tell them that you are happy to discuss matters that you will want to know what it is they think they have to discuss and who will it be who will be phoning you – and will that person has any authority to make decisions. I think should also emphasise to virgin that they are already in breach of their statutory duty. That if they decide to file a defence that they will have to sign it is a statement of truth subject to a sanction for contempt of court and that as they are clearly in breach of their statutory obligations, it would not be possible for them to sign off such a statement of truth and if they do, then you will bring the whole thing to the attention of the court and invite the court to express their own opinion on the matter. I think it's very important that they tell you in advance what they propose to discuss. I think you should tell them that if they're not prepared to disclose the purpose of their phone call and the points that they intend to cover and if the phone call is not made by somebody at a suitably elevated managerial level, then you are not prepared to discuss the matter. I'm afraid that I'm struck by the naïveté of your statement which I suppose is intended to be assertive.   Haven't we reached a point yet where you understand that you can't trust these people and although you may discuss various things on the telephone, if they then are required to minute the conversation and provide you with the resume of the conversation, you are handing them carte blanche to present the conversation in a way that suits them together with nuances included or removed, and generally slanted in their favour. They might not – but you are certainly opening up the possibilities and if that's what they do, how are you going to counter them and say that they have not correctly recorded what you discussed and agreed? You seem to be doing everything you can to keep on handing the baton back to Virgin. I have no idea why. You should not get involved in any telephone conversation unless you have first read our customer services guide and you are recording the call for your own benefit. If you cannot do this or you are not prepared to do this then don't take the call at all. Please will you post up the email that you have received, let me have your comments on what I've posted here and if you agree we will draft a response. You might like to start. Apparently they are proposing to telephone today and so we need to get a move on. If they happen to telephone before you have received a written reply to your message, then you should simply tell the caller that you are still waiting for their response to the email which you sent a little while earlier and you're not prepared to discuss anything until you have their written reply to that.
    • Well done on getting your refund and thanks for the update. I understand that you are still out of pocket. If you would like to get that money back and we will help you and I think it will be fairly straightforward. The amount of money outstanding is scarcely worth his while causing any trouble. It would be very helpful if you could post up a link to the new advertisement and also do you have any pics of the car and also its registration number please. I think we owe this to possible new owners in case they come to this forum.
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Lost SIM - requested but never received ***Resolved***


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Hi,

 

I am with Vodafone, I lost my SIM and requested it over the phone twice, but after a month I have not received it. I complained to them, and all I am getting are emails requesting me to fill out forms to pass security checks first in order to look into the matter.

 

I cancelled my payment and I want to end my early contract for their failure to provide me with a SIM.

 

I sent them a letter today with 7 days to reply or take the matter with the Ombudsman.

 

I am wondering if there is any ground for ending the contract for their failure to provide me with the SIM.

 

If not, can I request compensation for the loss of usage and being without a phone for more than a month now.

 

Cheers

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Failure to provide you with the same is excellent grounds for ending the contract. If you have given the reasonable notice that you need a new seven and they have failed to provide it then they have effectively deprived you of the entire purpose of the contract and that amounts to, what is known in law, as a – fundamental breach. This effectively can terminate the contract.

The big problem is that Vodafone don't recognise this kind of reasonable behaviour or the legal rules. As you have stopped your payment, you can be certain that Vodafone will go into debt collection mode and will blight you and eventually blight your credit file.

Make sure that you have got everything in writing. Don't rely on phone calls unless you have recorded them. Read our customer services guide.

Before you fall out with Vodafone completely, get your PAC code – go to GiffGaff and get a Sim card there and transfer your number there. GiffGaff is probably the best as they are monthly and you could alter your monthly contract to suit your usage month by month and you can leave anytime you want.

Be careful about Vodafone. They are like dinosaurs and they are more interested in crushing you then providing a decent service.

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Thanks for the tips, I will do so, but to get my PAC isn't possible, since they have my sim, I am not sure what else I can do regarding my number.

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I thought that there was now a website link where you simply clicked and entered your number and got a PAC code

 

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https://www.bbc.com/news/business-48816459

 

I see, you're saying that as you can't access your text, you can't retrieve a PAC code.

How about going online? Surely if you go to the Vodafone website you will be able to access your account

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  • 1 month later...

I took the matter further and this is what's happening,

 

I am getting an adjudicator to decide on it, but Vodafone argues that I do not exist because of data protection the information does not match, this is because I moved address and they did not update it accordingly, obviously to use it as an excuse, so bellow is what i received :

 

++++++++++++++++++

 

 

We are contacting you regarding CEDR Resolution Centre Case: 6.....

The adjudicator has reviewed and upheld the company’s objection to this application for adjudication.

The adjudicator has provided the following comments:

"I have reviewed the company’s objection under Rule 2.2.1.

 

Rule 2.2.1 details that a case cannot be dealt with by the Scheme where it is “brought by someone who does not fall within the definition of a ‘customer’ under Rule 1.5”.

 

Rule 1.5, in turn, states that a ‘customer’ is “an individual, or business with no more than 10 employees, who receives communication services from the company”.

 

The company appear to submit that the claimant is a customer, but object as it cannot satisfy its DPA requirements.

 

I have reviewed the claimant’s application. I note the claimant’s evidence, where they have provided a message sent from the company’s customer relations email dated 5 October 2020, which includes the claimant’s account number.

 

I find this is satisfactory to show that the claimant is a customer under Rule 1.5.

 

However, though DPA checks do not form part of the CISAS eligibility criteria, I do find it may be useful if additional evidence (such a bill or contract) could be provided, showing the claimant’s details as specified by the company, addressed to the claimant.

 

Therefore, at this stage I will be upholding the objection, to allow the claimant an opportunity to provide this information.

 

However, as mentioned above, I do not find Rule 2.2.1 applicable, therefore, irrespective of the customer’s comments, the claim can proceed in regards to Rule 1.5.

 

Lastly, I take this opportunity to note that CISAS is an evidence-based Scheme and it is for the customer to show their case is eligible, particularly when challenged by the company. Seyi Fowles, In-House Adjudicator."

The customer is welcome to provide comments to be considered by the adjudicator before their decision to reject the application is confirmed. These comments must be submitted within the next 10 working days.

Kind regards,

Centre for Effective Dispute Resolution
70 Fleet Street, London, EC4Y 1EU, United Kingdom
Tel: +44 (0)20 7520 3814

 

 

I need to respond and I need help.

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  • 3 weeks later...

Well done and thanks for concluding your topic......title updated.

 

Andy

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 The National Consumer Service

 

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

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  • Andyorch changed the title to Lost SIM - requested but never received ***Resolved***

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