Vodafone - Lost SIM - requested replacement but never received.

[salimnina]

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]

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]

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]

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

 

[BankFodder]

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]

PAC code

 

https://tinyurl.com/yxhxcsxf

 

...

Edited September 29, 2020 by 45002
URL AS USUAL

[salimnina]

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]

did it myself and got my appeal heard, so waiting

[salimnina]

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

[AndyOrch]

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

 

Andy

[salimnina]

Hi,

Previously I thought I won the case against Vodafone, they agreed to give me £250 credit in my account and send me the SIM within a month back in November 20,

 

however I have been battling this since then, they are dragging me, claiming that they sent the SIM, but I did not receive it, even though I involved CEDR for this, who they helped me to settle the matter,

 

they are not interested in making a non compliance case, in other words, after three months of a final settlement, they did not send me the SIM, and they are charging me for the service ...

 

Here is my previous topic, that I thought was resolved:

The question now is, can I just cancel and not use Vodafone even if they send me the SIM? I mean I have been without a SIM for six months now.

 

Can they take me to court for this? and charge me early termination fees?

 

[dx100uk]

Threads merged for you

 

voda won't do court no.

if they think there is a debt they'll sell it on eventually.

 

so vodafone are still charging you for an account with no active sim on it? Amazing!!

 

Dx

 

 

[salimnina]

so what's the best course of action then ?

[BankFodder]

Start off by sending them on SAR. It's important to gather as much information as possible.

[salimnina]

What is the benefit of getting SAR? and then what would be the next step. And if they don't take me take me to court, how is it possible for them to recover the money through other agencies?

[BankFodder]

There is no downside to getting an SAR. It's completely free of charge. They have a statutory duty to provide it and all you have to do is send in the letter and/or email. They are legally obliged to disclose you all the information they hold on you and in view of the situation, it can provide some useful material.

An SAR is always a good starting point – especially with people like Vodafone.

You should send the SAR today

[salimnina]

Ok, how about the next step, as you know of my case, also what would be worst situation I will be in if I cancel the contract without making further payments 

[BankFodder]

Vodafone are like dinosaurs. And once they start to get things wrong, they lumber on and just pile error on error – as you are finding out.

One thing they get very good at though is smashing up your credit file and blighting your credit record and going into debt collection mode and generally smashing up your life.

The best thing to do I'm afraid is to continue making payments until it is sorted out. Make sure they have it in writing from you though that they are making a mistake and that the payments are being made under protest.
We will help you get your money back and also some compensation.

The key to this will be information gathering, careful preparation. patience.

You ask what will be the worst situation if you cancel the contract without making further payments. I'm afraid to say that what I've described above is not only the worst situation – it's the only situation.

If you can afford it then keep on making the payments – but make sure that they have got a record of the fact that you are telling them that they are completely wrong

[BankFodder]

I've just looked back at this thread. I don't really know why it's gone on for so long except that you seem to take considerable gaps in coming back – even though you may think that you have a solution.

I don't at all understand what the adjudicator has said. It sounds like a load of gobbledygook.

What I do understand is that apparently you made a complaint and you were awarded £250 and Vodafone undertook to send you a new Sim. You haven't received the SIM but they're still charging you

Have you received a £250?

[salimnina]

The £250 were applied as a credit in my account, in which I have two numbers, including the one I have not received the SIM for, in other words, they used the credit money to cover for the costs of both line, this is the decision that we all agreed through CEDR, but they failed to send the SIM once again, they claim that they had sent it already, and now they are saying that I will be getting in the next few days.

 

I wanted to make a fresh claim through CEDR for a non compliance case, but they are not interest, and are just saying that Vodafone will send a SIM in due course.

 

Vodafone  are charging me even for not using the service.

 

Do I have a good leg to stand and void the contract

[BankFodder]

I'm afraid this is all a bit of a muddle for me.

You have just suggested in your most recent post that there are two lines – that you have two numbers but as far as I can see you haven't mentioned this at all since you started this discussion.

Secondly, I had understood that the £250 was being paid to you by way of compensation – but now I understand that it is being used to pay the charges which have been incurred in respect of a Sim card which was never provided to you. Is this correct?
If this is correct, then this is not compensation. This is basically Vodafone sticking by their stories that you had a valid Sim card and that they were right to charge you for it and that they are now giving you money with their left hand and taking it back with their right hand to settle a bill which should never have existed in the first place.

Where is the compensation?

[salimnina]

OK, let me recap, just in case if I confused you a bit.

 

I ordered a SIM in August, the one I lost, when I called them, they said no worries in no time you will get it, and they also advised me to merge my second number that I had with them into one account, rather than two separate  accounts.

 

weeks went by and no sign of a SIM, I complained, then I took the matter to CEDR.

 

We both agreed to settle the matter with £250 payment ( covers £60 past credit for line rental from Sept till Nov ) and they said that it will be a credit applied into my account, technically I will have £190 credit )

 

Initially I thought it was payment, but it appeared that it was credit, which I did not mind.

 

Now I was supposed to get the SIM within 20 days from 16/11/20, till today nothing received.

 

The credit I was given was used to pay for my bill, that was merged.

 

When  I called them last week to find out about my bill, they said that I have to make payment for both lines, this suggest that the £190 credit has been used.

 

The compensation was awarded as a credit.

 

[BankFodder]

So we're still in a position where you've been incurring charges for a same which you have not had and the so-called compensation payment has been applied to that.

Does this mean that you are up to date on all your accounts?

[salimnina]

I paid the last two months for one number, and asked them to exclude the other, which is one month outstanding, they used the £190 for payment for both accounts until Jan.

[BankFodder]

Well I don't know if someone else can help – but I'm still a little bit confused.

You had to telephone numbers/Sim cards

You lost one Sim card and you asked for a replacement.

They failed to send you a replacement but kept on charging you for the monthly subscription

Eventually you complained and you won.

You were awarded £250 and Vodafone agreed to send you a new Sim card.

However, this second Sim card never arrived. Despite that Vodafone have still been charging you for this service.

The "win" that you had wasn't really a win because Vodafone would not ordered to remove the charges that they had unfairly applied to your account. Instead, the £250 which they were meant to pay to you was applied to the backlog.

Where is the decision which orders Vodafone to pay the £250?

Also, I asked you if your account was presently up to date and you haven't responded to this

 

also, in all of this confusion, it's not clear to me if it has been agreed by anyone that you haven't received the Sim card.