Vodafon.. anything that could be done?

[itsmeandonlyme]

Hello guys,

 

In 2003-2004 i was a Vodafon customer and had 2 contracts with them( 2 phones)...

 

I did sent one phone back home (abroad )with a sim card...(my mistake...was young and silly:wink: ) and somebody from my family made some phonecalls( i obviously was charged as an international rate...)....................

Anyways my bill for 2 phones came up to £600 which i didn't have that time so i simply didn't pay...they passed my detailes to the Credit 1....at that time i think the bill was £1200..something....fees + charges...+ whatever...I took a loan and paid it out...

 

The question is: can i do something to claim those charges back...If Vodafone( as Orange) is not regulated under DPA( SAR)???

 

Any advice would be highly appreciated or u can simply poinnt me at any threads..i ll be more than happy to read relevand info:)))

 

Thank you so much....

 

Kind regards,

 

MARIA

[buzby]

It depends who made the charges and what they were for! You were obliged to complete the contract, so charges for those would be fair enough... it may have been the Debt Collectors who whacked on extra charges, but it is far easier to dispute them at the time, than pay it and try to get it back, as this would have nothing to do with Vodafone.

 

You're confusing Data Protection (DPA) with Consumer Credit (CCA) in this case, the latter doesn't apply as you hadn't applied for credit so it's not an issue. A good starting point if you want to take issue, is to make a SAR request with Vodafone which will tell you how much you owed them then the difference between this and what you paid to the Collections Agency. You can always chase them and say your figures show they asked for £X in excess of the debt, and if this is unreasonable, you can ask for it back. If they don't pay (and the charges were unreasonable) you MIGHT just have a case!

[itsmeandonlyme]

Thank you, Buzby... I will post SAR on Monday to Vodafone....Do i need to send a SAR to Credit 1...?(debt collectors)

 

 

Regards,

 

Maria

[buzby]

Hi Maria,

 

No - they're just the monkey to Vodafone's organ-grinder. Once you have the figures, you can then ask the Recovery company to explain THEIR charges, after all - you're not THEIR 'customer'!

[itsmeandonlyme]

Hi Maria,

 

No - they're just the monkey to Vodafone's organ-grinder. Once you have the figures, you can then ask the Recovery company to explain THEIR charges, after all - you're not THEIR 'customer'!

 

I just emailed vodafone..see what they say in reply....

 

Let me put it straight ..as soon as i receive the outstanding balance from Vodafone, i have to send 1st credit a letter requesting the explanation of the extra charges....???

 

Now, if the Vodafone added those extras( exsample)...on the top of £600? Can they do it..and then as it was unpaid passed to 1st Credit...

 

I believe it's still tooooo much in charges from £600...to £1359.29(just founded out from my bank statements)?????

 

regards,

 

 

Maria

[buzby]

Basically, yes. I'm assuming you just paid what 1C asked you to to clear their pursuit of you? As far as Vodafone's part in the claim, if you don't complete the contract, they can terminate and then charge you for all the money they would have received had you paid them each month. However, apart from an early termination fee, I'm unaware of them adding punitive additional charges, the debt collectors usually do that. So once you get your SAR, you can see what they billed you for. Again, 1C can add a reasonable amount for their pursuit of you, but it is easier to challenge them at the outset and say you'd like them to supply a copy of your (Vodafone) contract, which very often they cannot provide, and they stop chasing you.

[itsmeandonlyme]

Thank you Buzby,

 

everything has been paid in 2004...to 1st credit( so thanks God they are not chasing me out)... I have just emailed them as well...But i also believe i have to send them standard request as well as to Vodafone...by roal mail recorded.....But as you said SAR to Vodafon first to get the last outstanding amount that had been passed with my detailes to 1st credit....

 

 

Regards,

 

 

Maria

[itsmeandonlyme]

Oh..just received and email from Vodafone

 

Thanks for your email to Vodafone about your closed account.

unfortunately because the debt was given to 1st Credit Limited, I'm unable to access the amount that was outstanding when it was transferred to them.

I spoke to our Collections Team to see if they could shed any light on the situation, and the only advice they could give was for you to contact 1st Credit Limited and they should have a record of this.

Apologies I can't be of more help .

If there's anything further I can help you with, just let me know.

 

Kind regards,

Laura Dickson

Vodafone Customer Services

 

Now, what should i do? or should i simply ignore it and send SAR to Vodafone.or Email it to them?. I believe they must supply me the information and have a file with my contract...

Regards,

 

Maria

[buzby]

This is interesting - can you clarify the bit 'the debt was given'....

 

This implies they sold the debt on to 1st Credit. If this is the case only write to them to challenge it and to ask for a copy of your agreement because you dispute not only the amount but their involvement. This may bring the matter to a screeching halt!

[itsmeandonlyme]

Thank you buzby,

 

They are asking for the copy of my passport on my SAR request..r they allowd to do so? Can i refuse to provide it?

 

 

Thank you

[buzby]

They have to assure themselves that the request is from the person who actually requests it, and a copy of your passport is reasonable to some as proof of ID, however, it also provides much more, your picture, DoB (which to my mind is none of their business anyway) your ethnicity etc etc.

 

Still, there's nothing stopping you saying you don't have a passport! A good approach is to make a statement on the form saying;

 

"My address (above) is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable, I would therefore suggest this, along with a copy of a recent utility bill provides adequate proof of identity.".

[itsmeandonlyme]

Very slowly moving on this one as very busy with other claims. I had sent CCA with SAR to Vodafone with the wording that Buzby jindly helped me with...so will see...

Buzby, do i need to send CCA AND SAR to 1st Credit Limit aswell?))

 

 

Thank you

 

 

Kind regards

 

 

Maria

[buzby]

Whoa there... CCA? This is not a CCA matter! Just deal with Vodafone for the moment.

[itsmeandonlyme]

hello buzby...well, i wanted to see again the copy of the agreement....))))

[itsmeandonlyme]

Hello again,

 

A bit confused:)

just opened a letter from Vod with my cheque....the letter is so confusing..so would need some help

First of all i didnt complaint about Default..i sent a CCA request!!

Buzby, i would need some help!!!

 

 

As i understand they charged me £725.75 for unexpired contract charges.

Well, why then they didn't send me a full breakdown of the account and haven't specified what those charges for?Ohhhhh

Will wait for any advise:))))

 

 

 

Kind regards,

 

 

Maria

[demon_x_slash]

As buzby said earlier, with phone contracts, if you try and leave early they're entitled to charge you the full amount that you would have paid had you stayed for the full term of the contract. So the 'unexpired contract charges' to me would seem to be the amount payable for the rest of the contract that you took out. By all means, though, if you want clarification, don't be afraid of taking up 'Amanda Chandler's' offer of a free SAR

[itsmeandonlyme]

Thank you Demon,

 

I am not sure about £725.75....i remember paying £35 per month x 12 = £420 and even if i cancel the contract it still seems alot =700....but, you are right, i need a clairification ...I do not understand why she hasn't sent me statements???

Demon, can i simply email her and point that they haven't complaied with SAR? (she gave me her email address)

 

I do understand that cancelling the contract earlier leeds to some fees and charges...but not £725.75...and she obviously knew that i wanted a breakdown (i pointed at it in SAR)

 

I do appreciate you help:)

 

 

Kind regrads,

 

 

Maria

[buzby]

I think she was looking after your interests, as there was little need to charge you for a SAR if her actions were acceptable to you in resolving the matter. You are of course entitled to insist she processes your SAR, but you may not get the information you seek, as it will only provide confirmation of the records held by them in your name, and how much you SHOULD have paid (rather than what you actually paid) will not be evident from this.

 

Asking for a breakdown of the unexpired contract charges is your next step, as you simply want a statement on the calculation to prove that it is correct. Once you have this, if it still doesn't tally, you can request an adjustment.

[itsmeandonlyme]

I am glad you have anwered:))) i am writing letter to her now:)))

I do understand she was looking after my interest and therefor i ma going to be very polite:)) it took her long time to supply me with the info i needed... is it any chance i can get the copy of the contract and t&c..i've realize it's a bit harder to get this info from the mobile providers, as i read your sticky thread about CCA and SAR( extremely good and very informative)....

 

What is " request of adjustment"?

 

Thank you.

 

Kind regards,

 

 

Maria

[buzby]

Hi Maria,

Your original contract won't be all that important - a specimen copy of the terms and conditions can be read or downloaded as a PDF from the Vodafone website - although it is buried in the section detailing the small print. You could always ask for a copy (nicely) as you've mislaid your original version of it.

 

The request for an adjustment arises if you've identified you've overpaid them for the contract (say they've charged for longer than the contract minimum term). If they've not made a mistake, this will not arise, but with so few folk challenging final figures, its sometimes worthwhile doing this. Explain that in view of the earlier errors, you just want to be sure...

[itsmeandonlyme]

you such a sweety..thank you for returning back to me...will send her a letter today and would need some of your help later on:))))

 

Maria

[demon_x_slash]

Hehe, buzby's a Phone God

[buzby]

And I worship them every night. (No wonder the bed's always lumpy!).

[itsmeandonlyme]

Just a quick update, received statements and all the transcriptions from my account...which i couldn't understand at all...

unfortunatly couldn't find the last statement and a breakdown of the £700...emailed Amanda back, she said that the requested the info from the technical department and she will get those info sorted and posted to me...

was very suprised to receive all the statements without the last one....MOST IMPORTANT ONE...as i spesificly asked for it...

[buzby]

It's almost enough to make you paranoid....