lowell/bw - Claimform - VODAFONE DEBT - NOT MINE - poss fraud*** Claim Discontinued***

[CJ1984]

There has been a SAR done I believe.

Also done crime number.

Still waiting on papaper work from SAR if been done.

Filed the directions questionnaire just got send it.

[BankFodder]

I suggest that where it invites you to propose your own direction, that you put - "The defendant's case is that this is a case of identity fraud. The defendant respectfully asks the court to order that the claimant discloses all evidence in their possession which shows that the defendant is the actual contracting partner. This disclosure to be made 21 days before the hearing or claim to be struck out in default."

[CJ1984]

I have not got that on this.

All it has got is your contact details, track, about the hearing: hearing venue, expert evidence, witnesses, hearing and sisignature.

[BankFodder]

What is the form number?

[silverfox1961]

Spoke to CJ earlier and what she has is the DQ. I have no idea how to fill these in as it is something I have never done before.

 

With regard to the cpr letter sent to BW legal for the documents, nothing so far. I did send it by recorded delivery but can I find the receipt!!!!!

 

I haven't sent VF a SAR but as yet but I feel that is the next thing on the list.

 

I do suspect that VF will stall as there may be some information on the contract that CJ won't know about so they may use the DPA not to send it. VF also store their contracts off site so tend not to include it within a SAR. I did one to VF ages ago and it took even longer to get the contract.

 

CJ, at the bottom of the form is a space for any other info. You could follow Bankfodders tip and place it there.

[BankFodder]

There is another DQ which does have the necessary space in

[AndyOrch]

You cant issue directions in the SCT (DQN180) only in Fast track.(N181)

[Lee Vodafone Company Rep]

Hi all,

 

Once the SAR's been received, I'm happy to follow this up with the relevant team to make sure it's handled as quickly as possible.

 

silverfox - For clarification, it'll need to be requested by CJ1984. Once we've got it, we'll provide all the information we have about the account.

 

Kind regards,

 

Lee

 

Social Media Comms

 

Vodafone UK

[silverfox1961]

Thanks Lee. I am hoping she will give me a letter of authority to act on her behalf but as she doesn't have a printer that may take a bit of working out.

[BankFodder]

Thanks.

 

SF1961 - I suggest that you send Lee a copy for the SAR directly

[BankFodder]

You cant issue directions in the SCT (DQN180) only in Fast track.(N181)

 

Whoops - looks like I haven't been keeping up with new rules. Sorry.

[silverfox1961]

As an update to this, BW Legal sent nothing re the cpr request.

 

Due to a serious delay, the SAR was signed for on the 13th of March and to date I have received nothing. Irrespective of what I say below, the SAR is still outstanding.

 

With regard to the court case, my daughter received a Letter of Discontinuance today. Why they have discontinued is anybodies guess.

 

I have advised her to keep checking with the court to ensure that they have received a copy before we can put this to bed.

[AndyOrch]

Nice one Silver....they discontinue in the main once a defence has been submitted and it its simply not viable to proceed...or they will not be able to disclose documents relied upon.

 

Thread title amended.

 

Andy

[citizenB]

I am pleased to hear that the claim has been discontinued, SF.

 

However, I would continue to press for the SAR and if not forthcoming, I would submit a complaint to the ICO

[silverfox1961]

I am pleased to hear that the claim has been discontinued, SF.

 

However, I would continue to press for the SAR and if not forthcoming, I would submit a complaint to the ICO

 

Not to worry, That is still ongoing.

 

Nice one Silver....they discontinue in the main once a defence has been submitted and it its simply not viable to proceed...or they will not be able to disclose documents relied upon.

 

Thread title amended.

 

Andy

 

Pah! Could have done that myself

[silverfox1961]

Got a letter today from VF turning down my SAR. They have sat on this since the 13th of March although they have date stamped the letter the 16th.

 

This letter is dated 17th April.

 

They have refused by saying they need more ID info from both me and my daughter, Why have they sat on this for over a month when this could have been sent back immediately. Why wait?

 

They have also stated and I quote,

"Please be advised that although Vodafone Limited does retain copies of its customer contracts, they are held in secure storage locations and are not filed or organised in such a way that specific information relating to a particular individual (or a copy of a particular individual's contract) is readily accessible. For this reason customer contracts are not classed as personal data as defined in the Data Protection Act 1998 and will not be provided as part of our response to your request."

 

Once I get some extra ID from my daughter and send some of mine. I would expect as a minimum they they could prove that a contract was taken out by my daughter by supplying such data. I am beginning to wonder if it was VF that told BW legal to discontinue as they would not be able to supply a contract because of the shoddy way they store contracts.

 

What would it take for VF to have a system in place where they can access documents instead of bundling them all together and chucking them on a shelf in some secure storage somewhere in the UK.

 

With Lee's assistance, we managed to get copies of the contracts when my other daughter had issues with them so why not this time?

[citizenB]

I think you need to start a complaint with the Information Commisioner, SF. They cannot hold on to your request for so long and then make a request for more information from you. They are supposed to do this within a "timely manner" according to the ICO>

 

I think their interpretation of "personal data" is similar to that of Barclaycard and the ICO put them straight.