Vodafon.. anything that could be done?

[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!

[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'!

[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.

[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!

[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.".

[buzby]

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

[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.

[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...

[buzby]

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

[buzby]

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

[buzby]

There's little point in banging you hear - if you've asked, then they're still obliged to response and it CAN take ages for non-critical complaints. What is is you want them to do?

[buzby]

That's right - Vodafone took over Singlepoint.

 

No reason to tear your hair out - all a statement would do is show you the date and the amount. What you were wanting was a breakdown of charges on the last bill, as to why it was for such a high amount. Once you have this, you will be better placed to decide on the next steps to take.

[buzby]

The problem is if they don't supply it - the only action left for you is to raise an action for disclosure, if they don;t have the data (and this appears likely) a SAR would not be constructive. Have you tried phoning her directly?

[buzby]

You only want the info - it's not rocket science. Explain that you just needed to know how the £700 was calculated. Have pen handy (or record the call - even better!). If they cannot, suggest that it is really unfair that they cannot substantiate their claim, and ask her to revise it!

[buzby]

Just this - irrespective of who owned the company, it does have a legal obligation to retain the data for legal and tax purposes (could be up to 6 years). Whilst you might accept Singlepoint was a separate entity before being subsumed into Vodafone, you have been seriously financially disadvantaged by SinglePoint's actions, and you are being denied the opportunity to inspect the information and be satisfied it is correct. Also, since Singlepoint may have provided adverse credit data to a CRA, and you are unable to have the data verified, you'd like all adverse data added to your account by Singlepoint to be removed immediately as a token of goodwill, and you look forward to the enhanced data as and when it appears.

 

(It then goes without saying you reserve the right to challenge any figures you feel are misleading, unfair or inaccurate).

[buzby]

Anytime! Keep us posted on how it progresses.

[buzby]

If that's an itemisation - I'm a monkey's uncle.

 

However, you can still approximate on what they've given you.

 

1) When was the contract taken out and ceased? Is the August 2004 date correct?

 

2) Was there actually two handsets on two contracts, or one contract covering two handsets?

 

To work out what you really owe them, you take the number of months you paid away from your minimum commitment. You then multiply the remaining monthly fee until the contract would have ended to arrive at the amount owing. Do this for each phone. If there is a rebate for the non use of inclusive minutes, this will be in your favour and lower the bill from the original amount due.

 

If these totals exceed the amount being asked, pay need to pay it with good grace, however if your totals are less than what they are charging, write back and say that their charges appear unreasonable, pointing to your calculations and asking for the matter to be looked into again.