Dear Silver Fox, Thanks for all the help - please mark as resolved. The potential damage to Robin's future work has been averted, it becomes a commercial equation with regards the question of recompense. The equation is simple - is it worth the amount likely to be recovered as damages verses the time, effort and money to pursue the matter through the Courts? Robin and his family have suffered much stress for over a year with this matter, they are tired with this and just want to get back to a normal life. The one thing worth remembering is that nothing happened in terms of resolution BEFORE an application was made for an Injunction. NO ONE at Vodafone semed to want to resolve the matter or indeed take ownership of the problem until it was passed to the legal deparment, that included the members of the Vodafone web complaints team. It should be noted that the Notice of Intended proceeding was not passed to the legal team by the Web Complaints team. Attention should be paid to the comments from the team that have been published earlier in this thread. At least with the publication of the events on here it should help anyone else in a similar position.

Dear All I am pleased to be able to inform you that since the issue of Courtproceedings the legal department at Vodafone have become involved. It is clear from correspondence that they had not been made aware of the Notice of Intended proceedings. I suspect that many matters are not referred to the Legal department at the appropriate time. The notice had been sent by both email (via Lee's department)and recorded delivery to Vodafone's registered office. Vodafone instructed all three credit agencies to remove both the account information (in its entirety) and the default from Robin's credit record on 25th January. It took some days for Equifax to update its system. As of today, Robin's credit history has been restored to its previous excellent position. Thank you all, for your help and advice in this matter.

pdf files Statement 2.pdf N16a.pdf Statement 1.pdf

Robin has aasked me to post the application form (less his personal details) on here so that anyone else may be helped. [ATTACH=CONFIG]32939[/ATTACH][ATTACH=CONFIG]32940[/ATTACH][ATTACH=CONFIG]32938[/ATTACH]

Dear All, By way of an update. Since 13th January nothing has been heard from Vodafone (or Lee for Vodafone). The default remains on my friends credit files, no sight of any contract from Vodafone.... In view of this an application was filed for an Injunction for Vodafone to remove the default notices with the credit agencies. The hearing is listed at Ipswich County Court on Tuesday 7th February with a time estimate of 1 hour.

Since my last post Robin has emailed me to forward me Lee's latest email. I quote part of the wording of Lee's response below. I totally understand Robin wanting to get this matter concluded by Court action if nessessary. From Lee (please note this was sent as an open email (rather than marked restricted in any way) with respect to any thoughts of libel or deformation action against this forum and as such is perfectly legal to reproduce with the consent of the person who received the e-mail - Robin. And he has given consent. "Whilst I understand the implications associated with having a default recorded against your credit file I'm afraid that it isn't possible for us to make any amendments to the file until the account balance has been settled. Although I'm unable to provide any further update in regard to our investigation I can assure you that I have followed matters up today and stressed the urgency of obtaining all information which MPC have relating to this account as quickly as possible. In regard to your request for us to provide you with a copy of our letter of 25th August 2010 I can confirm that copies of standard letters sent to you by Vodafone will not be available. Instead of keeping a copy of standard letters (for example, a letter confirming payment by direct debit, or that a bill is overdue) Vodafone simply makes an entry on your account of the date the letter was sent (and which standard letter was sent). That way we know which letters were sent without having to keep a copy of the actual letter sent. In addition, I'm confused by David's comments whereby he states that had the above mentioned letter arrived you would've been able to provide us with the security details to close the account. Having reviewed our replies to your emails from January 2011 I'm afraid I've been unable to locate any reference to the agents who handled your emails requesting this information from you. As such, I’m unsure of what difficulties were encountered by you at that time. Whilst it's disappointing to hear that you still intend to serve papers tomorrow I would again kindly ask that this course of action be deferred until our investigation is complete. In the meantime, please remain assured that as soon as I have more news for you I'll provide an update via email as requested".

I totally agree, however this matter is causing substantial risk to myfriend Robin and his employment. Lee has said that he has suspended debtcollection action. That really is not the main issue. The part of this disputethat is causing real harm is the default that Vodafone have registered againstRobin - he had been unaware of this until shortly after Christmas when it wasbrought to his attention with respect to his employment. The Default was registered against Robin for a contract that he had notentered into or even been directly party to its arrangements (I accept that he received the phone - after his employer had arranged it for him as a tool they required him to have). The phone in question was supplied on arrangement from his previous employer. Robin did not request for it from Vodaphone, he never knew of or agreed to the contract and never paid the bill - his employer did that. Prior to him discovering the damage on the credit reports he was quiteprepared to continue to debate this point on paper, knowing that in Law he hasan excellent case. However the Default notice has seriously affected apreviously excellent credit history (that is a history of more than 30 years). That inturn has implications upon his employment and as such warrents a differentlevel of response. Vodafone have been dealing with this for the last 8 monthswithout resolution, that was not so bad when Robin felt that other than themany hours of time expended he was not losing anything. Now his future is threatened. Notice of intended proceedings have been served. The time specified in thatnotice has expired. Would you wait until your future is destroyed by Vodafone’s inability toproduce evidence of a contract (and THE REFUSAL TO REMOVE THE DEFAULT NOTICE)after 8 months of debate? Robin at this stage will be filing an application at Court on Friday 13th at 3pm to getthis matter resolved. Perhaps this might have gone a different way had Vodafone offered to removethe default notice, pending the outcome of their own internal investigations.At least with Court Proceedings the timescale can not be dictated to byVodafone, and of course the application includes an application for costs anddamages.

Dear Lee, Thank you for your reassurances. It's good to know that after many months of being passed from person to person at Vodafone that the matter is finally being looked at. Unfortunatly due to Robin's work as an airline pilot he will be unable to speak to you as you proposed in your email yesterday to him. In view of the pressing issues that this has caused him at work he has asked me to invite you to email him with your responses. He has authorised me to let you know this and he asks that the matter is not delayed by your need for verbal communication with him - he would prefer emailed responses to him. He is also not prepared to accept liability for a contract that he did not hold or enter into by paying you as proposed. His wife (she's a qualified solicitor) has been instructed to file papers at Court on Friday 13th at 3.00pm to seek judicial review of this matter in the absence of a satisfactory outcome by that time. As I have said before this matter is seriously putting his employment at risk due to adverse credit reports, which seems totally unfair in view of the fact that he did not enter into a contract with Vodafone. I have also sent this via email to your requested email address, however I'm not sure if it reaches you directly or through a common mailbox (with attendant delay) - hence posting here as well

A further update Dear all, My friend has been contacted by Lee, he has forwarded the email to me. It should be remembered that this has gone on for many months without any response from Vodaphone other than transferring the matter to Debt Collectors. At least now its in public on this forum it seems to be getting attention. At least now things are moving. With regards the statement Lee makes about a Direct Debit Confirmation being sent directly to him. That never arrived. If it had, he would have been able to give the security details to close the account when he discovered the issues about the phone after he left his job, he wanted to stop the phone but was unable to as he had not got the account details. He had returned the phone to his employer upon leaving his employment. I find Lee's comments about my friend paying money to them for something he never contracted with them for, its simply incredible. My friend NEVER entered into a contract with Vodaphone for the claimed service. His employer did of course have all of his details. His employer never responded to the letter talked about by Lee. [edited]

Thanks Lee, Thats very much appreciated. The whole business is putting his future employment at risk, and as such time is against things. Its gone on for over six months without getting resolved. Hopefully you will be able to get to the bottom of this and get the mater resolved. Due to his high earning as a pilot it also means that a Claim against Vodaphone for damages would involve very substantial sums of money, so my personal feelings are that this matter needs resolving quickly to mitigate the damage potential to both sides. At the end of the day we are talking of him (and his wife) being hounded for a Contract he never entered into and as of yet no proof has EVER been offered to suggest a contract between him and Vodaphone was ever in place in respect of this matter. Have you dealt with the issues of the debt collecting agency as well?

An Update: Thanks for the advice about the Debt collectors thats been actioned. Lee emailed my friend yesterday following my post. From: Webform Date: January 10, 2012 3:34:25 PM GMT To: robin*********** Subject: Re: Robin ********** [#8174367] Reply-To: ccare.webmails@help.vodafone.co.uk Hi Robin, Thanks for coming back to me. I do recall you sending across to me a copy of your credit file but for some reason I wasn't able to open it. In regard to your case I have followed matters up for you this afternoon and as soon as I have an update I'll let you know. Kind regards, Lee Web Relations Team What I find strange is that its sometime since the credit reports were emailed to Lee and he made no contact previously about problems opening the reports. For reference I copy below a couple of extracts from the credit report, This refers to his own Vodaphone Contract, he was able to close this account as he had all the security details, it ran for 16 years with a perfect credit score, no late payments,no problems. Name: MR ROBIN L**** Account Address: ********************************************* Date of Birth: 21/********* Provider: Vodafone Ltd Account Type: Telecommunications Supplier Account Number: *****1394 Account Status: Settled Date Updated: 01/03/2011 Account Start Date: 10/01/1995 Account End Date: 25/02/2011 Account Opening Balance: -- Repayment Frequency: Monthly This is the other Vodaphone entry on his credit report, he did try to close the account when Vodaphone sent debt letters to his address and he became aware of the account. They refused to close theaccount as he could not give them the required security information. As he never set up the account, entered into a contract for the phone with Vodaphone or paid the bill he could not identify the bank account that paid the bill (simple really, he never had any details of how itwas paid – it was set up by his ex employer for him as a company phone). Name: MR ROBIN L**** Account Address: *********************************************** Date of Birth: 21/******* Provider: Vodafone Ltd Account Type: Telecommunications Supplier Account Number: *****0933 Account Status: Default Date Updated: 01/12/2011 Account Start Date: 25/08/2010 Account Opening Balance: -- Repayment Frequency: Monthly Default Date: 02/07/2011 Please ask yourself - would a man who has previously had an excellent payment and credit history mess it up for a very small amount? All other items on his credit report continue to show a perfect payment record. Papers are ready to file at Court on Friday to start proceedings against Vodaphone.

All the requested details were sent to Lee a few days ago (even though everything had been in the documentation supplied to him) As of yet no direct response has happened from him. However the debt collecting agency has started calling my friend at all hours on his home telephone line. At least a log is being kept and that can be attached to the claim. I understand that my friend and his wife intend filing at the Court on Friday, enough is enough. Vodaphone sem to have a blatent disregard for law. I think my friends wifes email this morning says everything: Bryan Carter, Solicitors are at 11 De Havilland Drive, Weybridge KT13 0NT, telephone 08458396249. FPC Debt Collection Services (aka Fredrickson International Ltd.) is at PO Box 260, Weybridge KT13 0YH - telephone 08458396246. Mmmmm. As you say - probably in the same building, but because of the different postcodes maybe different doors??? FPC and Bryan Carter both quote their reference as VOD/08938130! Bryan Carter refer to Vodafone as their client and FPC state they have been instructed by Vodafone who have passed the account to them for collection. Any correspondence we have received has been responded to - and with Bryan Carter I foolishly assumed that they would understand contract law and accept that Robin has not entered into a contract with Vodafone. I don't think we heard from them again after I wrote, but it would seem they are all part and parcel of the same company! When I spoke to BT ages ago to set up the 'Choose to Refuse' on our account they did say that these debt collection ages have many different numbers to use to harass us!! How right they were

Dear All, Just to update you - My friend has had an email from Lee at Vodaphone asking him to confirm his address and date of birth. That was a request following him sending Lee copies of his credit report WHICH CLEARLY contained his address and date of birth.... I do wonder if the reports (that my friend obtained from the credit agencies after his identity was verified) had even ben read by Vodaphone

Hi Lee, Thanks for the reply, I must admit frustration after seeing the email from Dan Steele. It would appear from his response that Vodaphone would rather trust the advice of the Ombudsman, even if it was legally flawed. I am assuming that Vodaphone legal department have not (yet) given a view on the case? It is good to hear that you are still dealing with this matter - it was assumed that Dan Steele had answered for you. It's important that a claimant (party affected by wrongful action) can be demonstrated to have done as much as they can to mitigate any potential losses as soon as they become aware of the potential for loss or damage. With that in mind the following Notice of correction has been sent to the three credit reference agencies. It should be noted that it is intended as an interim measure, before either Vodaphone remove the default or it has been subject to Judicial review. It should be noted that the Credit reference agencies have also been asked to seek from Vodaphone proof that a Contract existed (with Mr L.) and that the default entry is in fact correct and lawful. Thanks again for your own help, it's much appreciated and hopefully can be resolved sensibly. Notice of correction: I discovered this default on my credit file on 30/12/2011.The matter is subject to an ongoing dispute between myself and Vodaphone. The mobile phone in dispute was supplied to me by my employer of the time. I had no part in the procurement or instigation of any contract for the phone. I was never party to, or consented to any contract for this service. Despite numerous requests Vodaphone have (to date) not supplied any contract or details thereof.As stated this telephone was supplied by Vodaphone through arrangements conducted by my previous employer. At my employeers request the telephone was delivered to me at home and subsequent bills were sent to myself at home to allow me to pay for any personal usage of the phone (It should be noted that there was no personal use). The bill was paid directly by my employer to Vodaphone. I stress that I was never party to or entered into a contract with Vodaphone for this service or phone, and Vodaphone have been unable to provide any copy of any such contract or agreement.

Excellent point, three letters are now being prepared to send to the CRA's to ask for their involvement. However my concern is for my friends prospective employment and the chances of that being thwarted due to the default being on his credit file and the adverse inferences that could be drawn from that at face value. As you can appreciate time is of the essence with this matter to try to limit the consequential damage to him. At least Vodaphones latest response has allowed a Court application to be made without further notice. I'm concerned that Vodaphone are taking the line of what the Ombudsman says is always right and in this case ignoring the law of contract. My friend is 58, therefore it can be said that new employment is increasingly difficult to find as you get older. a 30 year old experiencing such issues might have time to recover from the issues. At 58, as an airline pilot he has a relatively short working window left.