@vodafoneuk Is this fraud? What the heck is going on!?

[AndyOrch]

Given the lack of responses I'm assuming i'm on my own with all this now?

 

Alone...? you have only made 3 posts yourself this month?

[Caligulazbaby]

Alone...? you have only made 3 posts yourself this month?

 

There was nothing for me to update until vodafone responded with my sar and/or response to the letter before action which took 80+ days.

 

If I knew my post count affected anything I would have padded out the past few months with arbitrary life updates.

[AndyOrch]

So why do you assume you are all alone with this now ?

[Caligulazbaby]

So why do you assume you are all alone with this now ?

 

For the duration of the thread response times for those interested in my case have varied between 3 minutes and a couple of hours. Since Silverfox replied it has been 3 days.....

 

I don't mind if I'm to plod along solo, I'd just like to know so I can either get the ball rolling with small claims on my own or wait for further instructions from caggers more in the know than I.

[silverfox1961]

Hi again,

You're not alone, just that we have other things to do as well and some of us regulars may have illnesses.

 

I would suggest you demand the rest of the documents you have sent them and their replies. The bigger problem for VF is that since the merging of the new systems, they have had to tweak it over 350 times (according to the press) and still things are going wrong.

 

I will re read the thread to get a reminder and see what else might be needed.

[silverfox1961]

I will apologise first for an omission on this thread. At no time have I advised to send a Formal Complaint.

 

If you haven't yet done so and headed the letter FORMAL COMPLAINT then it is time you did so. This was based on the fact you were threatening court action.

 

Having re read the thread, it looks like VF are treating this as a query and not a complaint which VF like as they don't have to rush things. If you have sent an LBA then the above is moot as you are in a position to sue. If you are not yet prepared to go to court with the information you already have then a complaint may be the better way.

 

Rather than re read again, can you list everything that you think is wrong (bullet points)

 

The Telecoms Ombudsman would find for you (IMO) based on what I have read but you must exhaust the complaints period first or get a deadlock letter from VF before you can go to the Ombudsman.

 

So, send a complaint or a letter before action then when the timelines run out either sue or go to the ombudsman.

 

BTW. This from the Beeb

http://tinyurl.com/j4uack4

[silverfox1961]

One more thing before I go.

 

I remembered this thread from a few years ago and it was before the new systems were even in place. Perhaps it will give you a better idea of what VF are like.

http://www.consumeractiongroup.co.uk/forum/showthread.php?302670-Vodafone-Incorrect-Default-*WON-out-of-court-settlement*&p=3375907&viewfull=1#post3375907

[Caligulazbaby]

One more thing before I go.

 

I remembered this thread from a few years ago and it was before the new systems were even in place. Perhaps it will give you a better idea of what VF are like.

http://www.consumeractiongroup.co.uk/forum/showthread.php?302670-Vodafone-Incorrect-Default-*WON-out-of-court-settlement*&p=3375907&viewfull=1#post3375907

 

Thank you for finding this.

 

Hi again,

You're not alone, just that we have other things to do as well and some of us regulars may have illnesses.

 

Cheers silverfox, I was worried about sounding like a douchebag, I completely understand you all have lives outside of the forum, I was genuinely just checking to see if there was anything else I had missed.

 

 

If you have sent an LBA then the above is moot as you are in a position to sue. If you are not yet prepared to go to court with the information you already have then a complaint may be the better way.

 

Rather than re read again, can you list everything that you think is wrong (bullet points)

 

 

Yes I have sent the LBA (with the 2nd sar) and there was no response. I have a screen shot from the post office website of the signature from whoever received these documents. I have been meticulous in my gathering of paperwork since January this year. I am now prepared to go to court as I was just waiting for the sar to come through.

 

1. Vodafone breached contract by failing to provide me with a sim card after 2 requests through livechat. (for which I have evidence)
   
2. I cancelled my direct debit, VF let the account run on continuing to charge £30 per month for 4 months
   
3. Dec 30th I receive 2 e-mails from VF saying calls to premium numbers and numbers abroad had been lifted from the account.
   
4. Jan bill has jumped from £188 to £388 so I start this thread.
   
5. I contacted Lee who said I had to pay either £235 or £388 which you guys said was unacceptable.
   
6. He then offered to wipe the debt but said I must remain in contract with VF which you guys also said was unacceptable.
   
7. I then asked Lee about my credit rating which he admitted had been trashed but said "as a gesture of good will" they would remove the bad bits but leave flags up or that they'd removed the flags but left notes up which you guys also said was unacceptable.
   
8. I sent my first sar which was returned 18 days later asking for proof of ID
   
9. I waited another 22 days before sending the 2nd sar along with the LBA.
   
10. The sar arrived last week and the LBA wasn't even acknowledged. I'm guessing they don't think i'm willing to take them to court
    
11. The breach of contract i'm taking them to court over is ready to go as of right now. I have read up about the small claims court process and it looks reasonably simple, just a bunch of forms to fill out.
    
12. Seperate from this court issue is the tampering on my account which I would like investigated but I have literally no idea where to start. I was hoping the sar would reveal more than it did about who did it but I get the feeling VF are trying to hide it.
    

[silverfox1961]

By using the MCOL system, this can be done online (and is cheaper than using paper) However, they have a limit on the amount of text you can use on your claim.

 

The main item is breach of contract.

VF continued billing even though they acknowledged they has messed up.

Added premium rates without approval

Breached the Data Protection Act by filing incorrect information with credit reference agencies

By their actions you suffered a loss

 

I am nowhere competent enough to deal with full legal issues (but I know someone who can) but what I have posted above should get you started.

 

You can flesh out the claim later on.

 

Start assembling 3 files, each having copies of any evidence you wish to show the court.

 

As for loss, I would keep it as simple and relatively small. About a grand to start with.

 

Expect a fairly quick response once the legal papers hit VF's desk. I suspect they will want to settle but it will be on your terms, not theirs.

 

They will likely offer a gesture to start with and not agree to all your points but as it gets nearer a court date, they will more likely be more willing to agree with your demands.

 

Please do not accept any confidentiality agreement. This stops VF from hiding their sins and goes a long way in helping others in the future.

[Caligulazbaby]

By using the MCOL system, this can be done online (and is cheaper than using paper) However, they have a limit on the amount of text you can use on your claim.

 

Brilliant, I shall begin here!

 

 

I am nowhere competent enough to deal with full legal issues (but I know someone who can) but what I have posted above should get you started.

 

 

Would you be able to PM this legal someone's name?

 

 

As for loss, I would keep it as simple and relatively small. About a grand to start with.

 

 

A grand is ok by me. To be honest I had only asked for £338.13 compensation in my lba.

 

 

Please do not accept any confidentiality agreement. This stops VF from hiding their sins and goes a long way in helping others in the future.

 

Ahh yes I remember this being said before, I definitely do not want any sort of confidentiality agreement!

[silverfox1961]

If you are happy with the lower amount, go for £500. The judge may not agree if it gets that far but if you don't ask, you don't get. Andyorch who has already been on this thread has an excellent mind and will help if possible and Bankfodder (AKA, the boss) is also pretty good. I will alert them both

[Caligulazbaby]

If you are happy with the lower amount, go for £500. The judge may not agree if it gets that far but if you don't ask, you don't get. Andyorch who has already been on this thread has an excellent mind and will help if possible and Bankfodder (AKA, the boss) is also pretty good. I will alert them both

 

Thank you. I still have Bankfodder's number and e-mail from when we corresponded back in February and I seem to remember his inbox here is perpetually full lol. If he gives the nod then I can call or e-mail as he prefers. If Andy can offer guidance/advice then I would be happy to absorb it!

[silverfox1961]

I suggest you put here a draft version of your Particulars of Claim and 'we' can assist further.

 

Check out the MCOL site and it will show you the amount of characters you can use in the PoC. If you cannot fit them into their online form, you may need to do a paper one (at extra cost)

[Caligulazbaby]

I suggest you put here a draft version of your Particulars of Claim and 'we' can assist further.

 

Check out the MCOL site and it will show you the amount of characters you can use in the PoC. If you cannot fit them into their online form, you may need to do a paper one (at extra cost)

 

The user guide says, "24 lines of 45 characters and a total of 1080 characters."

 

I found a few templates online and have done my best! "the Claimant" will be replaced with my name before sending.

 

 

 

On 1 September 2014 the Claimant entered into a contract with Vodafone for the supply of mobile communication.

 

It was implied Vodafone would exercise the care and skill to be expected from a reasonably competent mobile communications provider.

 

In providing this service to the Claimant, Vodafone

 

1. Failed on multiple occasions to provide the sim card necessary for communication.

2. Continued to charge a monthly fee even though no service was provided.

3. Unlawfully edited my credit rating before the closure of my account and without prior resolution

 

Given the particulars, Vodafone are in breach of the implied terms and/or in breach of the said duty at common law that they owed to the Claimant.

 

By way of Vodafone's breach of contract and/or breach of statutory duty and/or negligence, the Claimant has suffered Loss and Damage.

 

1. £1, Replacement “pay as you go” sim card.

2. £577.60, 2 working weeks of time to bring this case to court.

3. £10, for my SAR.

4. £19.35, for 3 lots of recorded delivery letters.

5. £60, claimant fee.

 

The Claimant claims,

 

1. £667.95.

2. Complete reversal of all credit rating changes made by Vodafone.

3. Acknowledgement that the contract between the claimant and Vodafone is terminated as of August 2015.

 

EDIT - Apparently this is 1,217 characters.

[AndyOrch]

Thats a good start Cal...you also need to add and claim section 69 8% interest from when the dispute started.

[Caligulazbaby]

Thats a good start Cal...you also need to add and claim section 69 8% interest from when the dispute started.

 

Cheers Andy, I have now included that. I just about managed to slim this down to 1075 characters.

 

 

 

On 1 September 2014 I entered into a contract with Vodafone for the supply of mobile communication.

 

It was implied Vodafone would exercise the care and skill to be expected from a reasonably competent mobile communications provider.

 

In providing this service to me, Vodafone

 

1. Failed on multiple occasions to provide the sim card necessary for communication.

2. Charged a monthly fee even though no service was provided.

3. Unlawfully edited my credit rating before the closure of my account and without prior resolution.

 

Vodafone are in breach of the implied terms and/or in breach of the said duty at common law that they owed to me.

 

By way of Vodafone's breach of contract and/or negligence, I have suffered Loss and Damage.

 

1. £1, pay as you go sim card.

2. £577.60, 2 working weeks of time to bring this case to court.

3. £10, SAR.

4. £19.35, 3 recorded delivery letters.

5. £60, claim fee.

6. £44.53, interest.

 

I claim,

 

1. £712.48.

2. Complete reversal of all credit rating changes made by Vodafone.

3. Acknowledgement that the contract between myself and Vodafone is terminated as of August 2015.

[AndyOrch]

You need to actually state it in the particulars and show the calculation.....

 

see here....

 

[Caligulazbaby]

You need to actually state it in the particulars and show the calculation.....

 

see here....

 

[ATTACH=CONFIG]63392[/ATTACH]

 

I have now included that. I had to remove the full stops from the end of the numbered points to get the count down to 1,077.

 

 

 

On 1 September 2014 I entered into a contract with Vodafone for the supply of mobile communication.

 

It was implied Vodafone would exercise the care and skill to be expected from a reasonably competent mobile communications provider.

 

In providing this service to me, Vodafone

 

1. Failed on multiple occasions to provide the sim card necessary for communication

2. Charged a monthly fee even though no service was provided

3. Unlawfully edited my credit rating before the closure of my account and without prior resolution

 

Vodafone are in breach of the implied terms and/or in breach of the said duty at common law that they owed to me.

 

By way of Vodafone's breach of contract I have suffered Loss.

 

1. £1, pay as you go sim card

2. £577.60, 2 working weeks of time to bring this case to court

3. £10, SAR

4. £19.35, 3 recorded delivery letters

5. £60, claim fee

6. £44.53, Interest pursuant to section 69 of the County Courts Act 1984

 

I claim,

 

1. £712.48

2. Reversal of all credit rating changes made by Vodafone

3. Acknowledgement that the contract between myself and Vodafone is terminated as of August 2015

[AndyOrch]

And your calculation... numbers of days at ? Your Particulars last paragraph must be the same as the example.

[Caligulazbaby]

And your calculation... numbers of days at ? Your Particulars last paragraph must be the same as the example.

 

Interest

This screen will ask you if you want to reserve the right to claim interest. If you wish to claim interest

please select yes (select no if you do not wish to claim interest). Interest under the County Court Act is

charged at 8% per annum. If you select this option please be aware that this will reduce the amount of

space left in the main particulars box by six lines. This is because a statement is automatically added

explaining you are claiming interest under the County Court Act. You will be able to see the extra

information added in the next screen “Summary”.

If you wish to claim interest under any other act or agreement, please select no. Instead, enter full

details of your interest claim in the main POC box. More information on claiming interest is available in

booklet EX350 - A guide to debt recovery through the county courts for small businesses (available to

download from http://www.justice.gov.uk/forms). Please be aware court staff cannot provide guidance

on whether you are entitled to claim interest.

 

This is from the MCOL user guide. 1,080 characters is already a ridiculously small amount without them removing another 25% just to inform Vodafone I want interest. I cannot abbreviate this POC any further and it seems claiming interest is just a pain so I'm going to add the interest onto the amount I'm charging for my time working on bringing this case to court and not bother to claim any interest.

 

 

 

On 1 September 2014 I entered into a contract with Vodafone for the supply of mobile communication.

 

It was implied Vodafone would exercise the care and skill to be expected from a reasonably competent mobile communications provider.

 

In providing this service to me, Vodafone

 

1. Failed on multiple occasions to provide the sim card necessary for communication.

2. Charged a monthly fee even though no service was provided.

3. Edited my credit rating before the closure of my account and without prior resolution.

 

Vodafone are in breach of the implied terms and/or in breach of the said duty at common law that they owed to me.

 

By way of Vodafone's breach of contract and/or negligence, I have suffered Loss and Damage.

 

1. £1, pay as you go sim card.

2. £622.13, 2 working weeks of time to bring this case to court.

3. £10, SAR.

4. £19.35, 3 recorded delivery letters.

5. £60, claim fee.

 

I claim,

 

1. £712.48.

2. Complete reversal of all credit rating changes made by Vodafone.

3. Acknowledgement that the contract between myself and Vodafone is terminated as of August 2015.

[AndyOrch]

Right ...i do recall now that they made amendment to the input of section 69...but be aware if you do not refer to section 69 interest separately within your particulars.....then its not automatically accepted or can be legally enforced as per the particulars.

[Caligulazbaby]

Right ...i do recall now that they made amendment to the input of section 69...but be aware if you do not refer to section 69 interest separately within your particulars.....then its not automatically accepted or can be legally enforced as per the particulars.

 

I figure if they don't grant the £622.13 compensation for the hours I have put into this then there would be a pittance to claim on interest anyway. I work it out to be £6 so I may as well throw the interest in with the hours invested and hope they agree with my time:finance position.

 

I have applied to MCOL using an e-mail and have been given a customer number, would you guys consider it time to get the ball rolling?

[AndyOrch]

Why not.....? You are aware of the fees involved?

 

https://www.gov.uk/government/publications/fees-for-civil-and-family-courts/court-fees-for-the-high-court-county-court-and-family-court

 

One slight alteration to the above...

 

I claim,

 

1. £712.48.

2. That all adverse data be redacted from the Credit Reference Agencies.

3. Acknowledgement that the contract between myself and Vodafone is terminated as of August 2015.

[Caligulazbaby]

Why not.....? You are aware of the fees involved?

 

https://www.gov.uk/government/publications/fees-for-civil-and-family-courts/court-fees-for-the-high-court-county-court-and-family-court

 

 

I think I come under 3.1 money claims, claim amount £500-1,000, filed via money claim online which is £60. I included that in my pricing.

 

2. That all adverse data be redacted from the Credit Reference Agencies.

 

Hah yes that is much better than what I had.

[Caligulazbaby]

It's all gone through and they have opted to defend the entire claim (lol) and have 28 days to respond. As you guys predicted they have made contact to try and negotiate out of court I'd imagine. This is the e-mail I received,

 

"Good Evening Mr client's name,

 

I've tried to call you this evening regarding your Legal Claim. I'm sorry I haven't been able to speak to you.

 

I would like to discuss the claim to see if there is anything that I can do to resolve things for you. Please can you call me on 03333040567, our office is open from 8am to 8pm Monday to Sunday.

Kind Regards"

 

How should I approach this? I'm guessing she will be an excellent negotiator. Do I ignore them or make contact and stand my ground?