@vodafoneuk Vodafone nuisance calls #9260167 - i'm after obtaining an injunction order

[p3t3r]

hello,

 

just wondering has anyone filled out an N16A form for Court?

 

I can't afford to pay a solicitor so am preparing this form myself, it will be my first time in court, so any help or advice welcome!

 

Also, the fee for court, - can i claim the court fee back from the company I seek order against? I think I need to pay £150.00 for the N16A court hearing, - not sure how to claim this back???

 

I think I should be able to claim the fee back, but am unsure as to how??

[citizenB]

Form N16A, This appears to be a General Form of Order for an Injunction, yes ?

 

I will ask someone to look in and help, however they might require some more information from you.

[p3t3r]

hi,

 

yes, it is for an anti harassment injunction

 

I thought I could have had everything done today at court, but it seems a lot more difficult than i thought!

[citizenB]

I have left a message for others to look in and help, probably later on today/tomorrow.

[citizenB]

Here you go, does this help ?

 

The relevant CPR is CPR 65

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part65/pd_part65

 

There are four common injunctions:

 

Non-Molestation Order - which prevents another person from harming you or a child.

 

Occupational Order - which will indicate who can live in the family home and can direct another person to leave the home (e.g. Domestic Violence).

 

Common Law (Assault & Trespass Injunctions) - which will prevent somebody coming onto your property without your permission or assaulting you.

 

Anti-Harassment - which will prevent someone from harassing you (e.g.. causing you alarm or distress through nuisance phone calls, threats, stalking, excessive noise etc.).

 

So tick the second box only under stat provision CPR 65 and tick yes to the Human Rights Act 1998.

(assuming that there is no pending litigation in force)

 

As for fees check the following

 

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex160a-eng.pdf

[p3t3r]

hi, thanks for the links, i think i have already read them. i thought that going to court would be easy, but there seems a lot for me to learn!

 

i want to stop a company from contacting me (phone and texts). i am guessing that an anti harassment injunction is needed for this, i already have times, dates and other documents printed out for court, but there are some things im not sure of ---

 

1. I need pay £150.00 for this, - do the company i am taking injunction against have to repay me this £150.00 ?

 

2. I am reading about litigants in person, - can i claim costs in respect of my time against the company?

 

3. I have read somewhere that it is possible for me to ask the Judge to assess costs - so I do not need to make a list of this and the judge will assess it for me?

 

It does seem a lot of hassle in trying to get a company to stop contacting me, but so far the company has failed to stop. Court seemed the only way in stopping the company, but court now does seem complicated!

[Ganymede]

What kind of company is it? A debt collection agency?

[citizenB]

Can you please respond to Ganymede's question and perhaps give us a bit more detail of why the company has been contacting you ? What have you done so far to have them cease doing this ?

[p3t3r]

hi, the company contacted me for marketing, then text messages, then a call from some manager in the company who phone me in relation to my complaint that i do not want phone calls.

 

i don't want any calls or texts from this company and they fail to abide by my requests.

 

 

also it seems they do not even understand my requests

 

 

as a manager from the company phoned me back to speak about my complaint about not wanting phone calls...

 

 

they also sent text about an hour after one complaint,

 

 

this text was asking me to complete a customer survey in relation to the complaint i made about not wanting texts or calls.

 

It seems that the only way to prevent vodafone from stopping calling or sending me texts is to seek an anti harassment injunction order against vodafone?

[Ganymede]

Have you considered turning your phone off or putting it on silent when you're asleep?

[citizenB]

Have you made a formal complaint to their Head office, in writing ?

 

I can well understand your frustration, but a sensible solution for when you are sleeping has been made by Ganymede - turn it off.

 

Is this a Vodafone that you have ? If so, can you not go online and untick any boxes that agree to these marketing calls ?

[p3t3r]

Have you considered turning your phone off or putting it on silent when you're asleep?

 

No, I have not considered that since higher consideration is given to friends or family who may need to contact me in case of any emergency.

 

I do not wish for repeated unsolicited contact from my phone network, that is why I see an anti harassment injunction as the only possible way to get vodafone to stop calling and sending texts since they have repeatedly failed to stop as per my requests.

 

Extreme measure, but that seems to be the only way to get vodafone to stop calling / texting.

 

If i could just turn the phone off, then I wouldn't have needed to ask vodafone several times to stop calling / texting!

[p3t3r]

Have you made a formal complaint to their Head office, in writing ?

 

I can well understand your frustration, but a sensible solution for when you are sleeping has been made by Ganymede - turn it off.

 

Is this a Vodafone that you have ? If so, can you not go online and untick any boxes that agree to these marketing calls ?

 

Well, I haven't been online to untick any marketing boxes.... but saying that, I haven't ticked any boxes to untick!

I didn't give permission at anytime for vodafone to call me so the boxes shouldn't have been ticked...

 

But I have contacted their customer services 3 times by phone call, 2 times via online chat, plus a vodafone rep on this website. Spending 53 minutes in vodafone online chat is quite a long time, but was assured it would stop, that my issue had been checked with manager and techical, assured again that i wouldn't have to contact them again regarding same issue, the next day I receive a text message asking me to go to vodafone PAYG website.

 

Previous to that was a manager phoning me (where he did not have permission to phone me) and that phone call was in relation to my complaint of not wanting phone calls.

 

Previous to that was a text message asking me to complete a customer survey in relation to my complaint made earlier that day of not wanting phone calls or texts.

 

Either Vodafone do not understand the concept of not calling or texting someone, or they simply ignore such requests - either way, I see the only action I can now take is an anti harassment injunction against vodafone?

 

I don't want to go to court, but i dont see any other choice.

I hope to have all the paperwork completed so I can return to Court on Monday.

[steampowered]

In your other thread you said 'Admittedly I gave yourselves permission for a manager to call me back on two occasions, (you can review phone calls to hear that I gave yourselves permission for a manager to call me back'. I don't see how you can complain about a manager calling you about this when you gave them permission to do so.

 

Before issuing a claim for an injunction you need to write a 'letter before claim' to their head office explaining what has happened, and giving them a timeline within which to confirm in writing that you will not be receiving further marketing communications else you will issue the injunction.

 

An injunction is quite a serious thing. You can't get it there and then. There will be a court hearing and Vodafone will have the opportunity to defend themselves. If you are not successful there is a very good chance you'll be ordered to pay Vodafone's legal costs.

[steampowered]

Regarding the SAR, Vodafone are permitted to ask for reasonable documents to verify your identity.

[SabreSheep]

And as they are your current network provider they may have a defense against the injunction as you are in a "contract" with them which requires some degree of communication. Therefore a blanket injunction against all communication is unlikely to suceed.

 

letter to head office is your best next move

[p3t3r]

In your other thread you said 'Admittedly I gave yourselves permission for a manager to call me back on two occasions, (you can review phone calls to hear that I gave yourselves permission for a manager to call me back'. I don't see how you can complain about a manager calling you about this when you gave them permission to do so.

 

 

 

When I was told a manager would call me back, I was given a timeframe by vodafone of 24 - 48 hours max. In phone call which can be reviewed by vodafone, I gave permission for a manager to phone me during the timeframe. I certainly didn't give permission for a manager to phone me a week later. This was out of the timeframe. The manager was aware of my complaint, I asked the manager if he was aware of my complaint and the response was something like: I am aware, which is why I asked you if it is convenient to speak'

 

To my mind, that is a blatant disregard shown by vodafone to my several requests, plus a lack of logical understanding shown by the person who was aware of my complaint.

 

Before issuing a claim for an injunction you need to write a 'letter before claim' to their head office explaining what has happened, and giving them a timeline within which to confirm in writing that you will not be receiving further marketing communications else you will issue the injunction.

 

An injunction is quite a serious thing. You can't get it there and then. There will be a court hearing and Vodafone will have the opportunity to defend themselves. If you are not successful there is a very good chance you'll be ordered to pay Vodafone's legal costs.

 

I havent wrote them a letter before claim. From my understanding of it, I need to return to the court with their form, I have also made a printout of the times I have requested vodafone to stop contacting me, I have started from 1st January onwards, plus details of all the times vodafone has contacted me.

 

The Court did not advise that I would need to write a letter before claim. I have read and learnt a bit more, it is possible to obtain an injunction order without having to write a letter before claim, though this is in the case of emergency.

 

So as you advise, I will write vodafone the letter before claim.

 

Thank you for your help steam powered!

[p3t3r]

And as they are your current network provider they may have a defense against the injunction as you are in a "contract" with them which requires some degree of communication. Therefore a blanket injunction against all communication is unlikely to suceed.

 

letter to head office is your best next move

 

hi, thanks, yes, someone else advised me to write a letter to HO before I request injunction order

 

I don't believe that they have a defense against my intended request for injunction order.

 

I appreciate there does need to be some degree of communication such as automated text messages when I top up, advance warnings of network outage etc. The communication intended to be stopped is all non essential communication.

 

As you say, a blanket injunction is unlikey to succeed, but I have already defined essential and non essential within the request.

 

Anyway, after reading what you & steampowered have said, I will write a letter to their head office, hopefully someone will understand my requests then.

 

Unfortunately, the letter has to be by slow post and not email....

 

Because having contacted vodafone in online chat to ask as to where I should send my letter before legal action, Vodafone response earlier in online chat is that a manager would phone me back... lol

[Ganymede]

Exactly how many texts and calls do you get per day?

 

How many did you get yesterday for example?

[SabreSheep]

Adress the letter signed for delivery to the CEOS office

Here Google is your friend

[p3t3r]

Exactly how many texts and calls do you get per day?

 

How many did you get yesterday for example?

 

I did not get any yesterday, I had one text the day before asking me to go to vodafone website.

 

I do not get a large number per day! Sometimes, I would see missed call from vodafone number. I remember one day, I saw 2 missed calls from them, but didnt wake me up.

 

I am not sure if it is an issue as to how many texts and calls i get a day? Because even 1 call or 1 text is unacceptable after they have been requested not to.

Having requested them not to call and text numerous times and them still doing so go pasts being unacceptable.

[Ganymede]

I think it's very relevant how many you get per day.

 

A judge will be looking at that when deciding if it counts as harassment.

[p3t3r]

hi Ganymede, thanks again for your help, I did not think about that.

 

harassment is difficult to define. some may say that my complaint here is of a nuisance, an inconvenience, that it is not harassment. i think it is harassment. reasons i think it is harassment is that vodafone have failed to stop contacting me as per my many requests for them to stop contacting me.

 

what is a reasonable amount of times to ask a company to stop contacting you? i would say that after the second time, then it would become harassment...

 

if it is not considered to be harassment, then does it mean that companies such as vodafone who have to abide with Data Protection Act can simply ignore customers requests not to contact them, simply because it is not considered harassment?

 

i have tried to stop vodafone needless unsolicited communication last year and this year. vodafone persist. you can see the extreme i have gone to so far purely to get them to stop yet they are still persisting. I think that this is harassment.

 

when asking vodafone to stop calling and texting, and having asked the same thing on numerous occasions, for vodafone to ignore this request on numerous occasions is harassment. but that is just my opinion.

 

ganymede, you say a judge will be looking at how many times per day i received calls and texts.

 

but, the judge should also look at the amount of times I have requested vodafone to stop their calls and texts and the amount of times that they have failed to do this.

 

you say that the amount of calls and texts per day is relevant? at the same time, the amount of requests made to vodafone to stop should also be relevant?

 

i am not complaining about the amount of calls and texts per day, my complaint is that vodafone fail to stop calling and texting despite my requests that they stop.

 

if you repeatedly ask someone or a company to do something, and they are obliged under law to do what you ask them, if they persist despite you asking them on several occasions not to, then that is harassment?

 

thanks for your help again ganymede! i will try and learn more about this

[p3t3r]

ive been trying to learn more about injunction orders so i can start court process

 

but ive read about an order for specific performance. i am thinking that an order for specific performance to get vodafone to comply with data protection act will be a lot easier than an injunction?

 

i havent received any call or text today, will see what happens in future... if they start again, then i will be looking at either the injunction order or an order for specific performance.

 

any thoughts as to which is better ?

[Ganymede]

Not sure specific performance is relevant here.