Number6
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Everything posted by Number6
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It doesn't say who the DPO is on the letter. Anyone have the name and address? Sorted. I misread what Gbarbm wrote in the previous post, sorry.
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But surely if they keep putting it off by saying they're not ready or similar then the judge will not be pleased when he sees what a simple case it is?
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Hmmm, it's now been put back to week beginning 13th August!
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I'm dealing with my new partners Tax Credits claim. So has a large historical overpayment that is being repaid by weekly deduction from her payments. Two days ago, out of the blue she received a letter demanding immediate payment of £1000+ or they'll send in the debt collectors. She has no idea why the letter has suddenly arrived as she has been on a repayment arrangement for years. I intend to investigate the whole arrears business as it seems to be a bit of a shambles. Question: Should I put in an FOI request on her behalf so that I can get the entire case history? Or is a different approach recommended? If FOI is the way to go then what's the appropriate address to send the request to? Many thanks.
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Anyone?
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More help please. Apparently the investigation into my "client's" affairs is continuing still. Yesterday "she" received a letter from the council saying that her CTB and HB have been suspended due to a change in her income. However, I now know the circumstances behind the whole affair; the income generation, such as it was, has ceased entirely so they are back in exactly the same situation as when they originally claimed benefit. I'm assuming that they are then entitled to claim and to receive benefit as before, is this correct? If correct then how do they go about getting it reinstated? Many thanks.
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Maybe they're hoping to push the case into the "Olympic period" whereby the judges may be overloaded with games related rapid justice cases and hence get it put back even further. Cynical... moi? http://www.guardian.co.uk/law/2012/jul/20/1?INTCMP=SRCH
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Well it doesn't really inconvenience me so that's a fail if that's the case. Do they have to give a reason to the court or can they just say "we're not ready". Could they do it again when the case is re-listed?
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Amazing... Terrific... NOT! I just phoned the court to confirm that my case was still listed for 10am tomorrow only to be (eventually) told that it's been delisted and put back to week beginning 30th July. Nobody at the court bothered to inform me! The reason given is that DVLA requested the delay as they "aren't ready". What's not to be ready about?
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Thanks Will post as soon as I have news.
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DVLA Failure to notify new keeper fine court case dropped
Number6 replied to snooplotty's topic in DVLA
Sorry, in a way, to reopen this old thread but my case is at the appeal court tomorrow. My own thread on the case is here http://www.consumeractiongroup.co.uk/forum/showthread.php?345228-Failure-to-notify.-Another-case! -
I forgot to post the Web Relations team email reference number. Here it is [#9473641]
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In fact it wasn't until the police told us that we knew which network had blocked it so the police have access to more detailed data than the general public does.
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There's a standard UK industrywide database that records all instances of blacklisted mobile handsets. Anyone can check it via Checkmend and the police have access to it. Any handset reported lost or stolen to any one of the UK networks has to be listed on the database, likewise any insurance company dealing with a lost or stolen mobile claim has to record the details on the database. I've attached a shot of the data I received back from Checkmend and which the police confirmed.
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Well, first response from the Vodafone web team is not very encouraging as you will see below. They are stating that they only blacklist when the handset has been reported lost or stolen but the police tell us that it has not been reported lost or stolen. Vodafone need to get off their lazy backsides and address this - at the very least they need to contact the original account holder and ask them for an explanation. It's not our problem.
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Yes, I'm not disputing that. But the contract is for "airtime"; it's obviously adjusted to cover the cost of the handset over the contract duration but, and it is a big but, the shop rep, and or the marketing for that contract will state "Free handset" or "£z for the handset". A company can't offer something as £Free and later decide it's chargeable, and if you've paid £z for the handset... well you've... paid for it.
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What I'm saying is that the handset is your property as soon as you receive it. Look at the marketing for the contract, it will either state "Free handset at £x a month" or "£y a month + a lump sum of £z for the handset" The implication is strongly that the handset is yours either way, it's either a free gift or you've paid £z for it. The contract is for "airtime" - i.e. minutes, texts and data.
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@locutus Just to finish the story, the IMEI has been checked on Webmend and we also reported the matter to the police; both sources told us categorically that the IMEI in question has not been reported lost or stolen, neither is it, nor has been the subject of an insurance claim.
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Thanks to both of you for the excellent advice, as always on here. I'll certainly contact the Vodafone web relations team. I've always understood the handset to be the property of the contract holder as soon as it's received and accepted. In this case it's worth around £450 new and was bought in an "as new" condition from the seller. Also it was definitely working when we bought it on 28th May and worked until 4th July. Thanks again both of you.
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I've just been browsing the Vodafone T&C's http://www.vodafone.co.uk/vodafone-uk/about-this-site/terms-and-conditions/products-and-services/pay-monthly-airtime-conditions/index.htm I can't immediately see anything that explicitly allows them to blacklist the IMEI for non-payment
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Are you sure? I've known several people who've defaulted on their contract and their handset has never been blacklisted. This is the first instance I've ever come across. I've changed handset (private third-party purchase) mid-contract many times and there's never been an issue from the networks when I've sold my original handset. Vodafone don't even lock the handsets they issue. I'd be interested to see the small print of a voda contract if anyone has one. When a contract is taken out all the marketing says £FREE handset with such-and-such a plan or £xx for the handset. The implication at least is that the handset becomes your property immediately and it's always the way I've worked.
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I've been thinking about this. We have discovered that Vodafone have blacklisted the handset. We've checked and it's not been reported lost or stolen so presumably the customer has defaulted on their airtime contract. With every mobile contract I've been involved in there are two parts 1. The airtime contract which is a monthly payment in return for an allocation of minutes, texts and data and 2. The handset which is either given free or for which the customer pays a lump sum. Either way the handset is then the property of the customer for he or she to do with as they see fit. Surely then Vodafone have no right to blacklist the handset as a result of a contract default? My logic suggests that this would constitute an unfair penalty clause and / or an unfair restraint of trade, wouldn't it? Comments anyone?
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The person we bought it off is saying it's nothing to do with her. We have threatened and are pursuing a route to the small claims court but currently the seller is washing her hands of the situation.
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Not an option unfortunately Is it worth contacting the networks and explaining the situation?
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My partner bought a handset privately and it worked fine for a month. Then it wouldn't make or receive calls. It turns out it's been blacklisted on UK networks. We've run a report and also reported it to the police. It turns out that it's not stolen, nor is it the subject of an insurance claim. I'm assuming then that the previous owner is in default with their contract and hence it's been blocked by whichever network they're in default with. My question is is there any way to get the block lifted? Anyone had experience of this before?
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