Lost SIM - requested but never received ***Resolved***

[salimnina 1]

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

[BankFodder 1,902]

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.

[salimnina 1]

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.

[BankFodder 1,902]

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

 

[BankFodder 1,902]

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

[45002 713]

PAC code

 

https://tinyurl.com/yxhxcsxf

 

...

Edited September 29 by 45002
URL AS USUAL

[salimnina 1]

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.

[salimnina 1]

did it myself and got my appeal heard, so waiting

[salimnina 1]

got what I wanted, £250 compensation + full apology + SIM back.

[Andyorch 10,436]

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

 

Andy