Taking Court Action Against Vodafone - Remove Default Notice
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You know which magistrates court it is, but it's half way through the month. Surely you could just phone the court each day and ask if there are any fraud cases that day?Morning Guys,
I have decided to bring this forum fully up to date with a handy timeline.
July 14:
Fraudulent account set up in my name.
July 15:
Fraud discovered and immediately reported to the Police and ActionFraud who investigated and provided me with a crime reference number.
Reported to Vodafone who said they carried out a fraud investigation but deemed there to be no fraud found. They have asserted that the account is still collectable and have applied a default to my credit score.
I then requested that Vodafone supply me with details of any fraud investigation conducted, the identification documents and proof of address given when the account was opened and all other information pertinent to the fraud investigation, which they refused.
I also reported this to my bank who conducted their own investigation, determined that the signature used to set up the Direct Debit Instruction was fraudulent and recovered all monies paid to Vodafone.
August-November 17:
Numerous attempts to reason with Vodafone. 3 separate fraud investigations were conducted by them and all deemed that there was no fraud found.
I contacted the Financial Ombudsman who referred me to the Consumer Ombudsman who advised that they were unable to help at this time, I believe due to lack of evidence. Reasons stated as being the DDI matches the address, no fraudulent usage (just normal usage to UK landlines and mobiles) and the handset chosen was a low value handset not typically used by fraudsters.
December 16:
I made a request for information under the provisions of the Data Protection Act 1998 and obtained documents relating to the account. This was supplied on the 23rd of January and showed that Vodafone had been told by my bank that the Direct Debit Instruction contained a fraudulent signature and that the account had been referred to their internal Fraud team numerous times (for suspicious usage in Europe and £100’s in calls to Portugal and Spain) before the fraud was discovered by myself.
January 17:
Having obtained this I tried again with the Consumer Ombudsman who advised that I could not reopen an investigation that had previously been closed.
February 17:
I then tried the ICO following advice on this forum. I supplied them with all the evidence I have gathered and after several correspondences and they said they will investigate and have written a letter to Vodafone, though I haven’t heard anything since.
I also sent my first Pre Action Protocol letter, which has never been acknowledged or responded to.
Around the same time I first engaged with Lee from Vodafone this forum. The whole debacle can be read here but basically no progress was made.
March 17:
Follow up letter to the Pre Action letter was then sent, also ignored.
I was also given the CEO email at roughly the same time so emailed him, which prompted a response saying they will reopen the fraud investigation (having previously carried out 3 fraud investigations and stated that no fraud has been found each time and that they would not open any more investigations).
April 17:
I received a letter from the UK legal Team in response to the email (same one posted on here). In it Vodafone stated that this account is part of a wider fraud investigation for which arrests had been made and the case is due to be heard in September. This is their first admission to me of there being any kind of fraud on the account.
April – September 17:
Sought legal advice, most common response being that I should wait until the results of the trial.
September 17:
I am now concerned that I do not actually have any details of the trial other than the vague mention that I managed to extract from Vodafone after nearly 2 years of denial. I feel that I need to be proactive again and most likely will have to follow through and instigate a court case to get Vodafone to respond.
I have also contacted Lee again from Vodafone for advice and for details of the court case mentioned by the UK Legal Team (ie date of hearing? results?). I am in the process of drafting a final demand letter before instigating court action and will post it on here and the legalbeagles forum before it is sent.
Thanks again Guys, Abbie!
Anyway, you'll just have to sit tight.
The case wont be over for several months if a number of individuals have been charged.0 -
Why sit tight? I feel like the outcome of this case should have no bearing on whether or not the default should be applied to my credit score? I feel I have gathered enough evidence to prove that the default should be removed.
Please bear in mind it has been over 2 years since I first contacted Vodafone and made them aware of this issue. I have no information about this court case other than that supplied by Vodafone in the letter above, having previously denied that there was any fraud related to this account despite their own notes to the contrary.
What if the case takes another 2 years? What if the Police have arrested the wrong people? Do either of those scenarios justify the mark against my credit score? I feel they don't.0 -
I haven't got any advice really as can't suggest anything more than you have already been told. But, OMG, I could scream for you reading this. I hope you get it sorted soon.
Have you tried Watchdog? I'm sure they had something similar on the last series.0 -
I'm waiting for a resolution first, as that is my priority. I do not want to jeopardise my court case in anyway and, if I'm honest, I'm sick of all this and just want it to end ASAP.0
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Hi Guys,
Quick update, sent the following letter to the ICO sent last Thursday and received a generic response stating that they aim to reply within 14 days:
Dear *****
I am formally requesting that you investigate Case Reference Number ******* in accordance with section 42 of the Data Protection Act 1998. I am doing this on the basis that I have further information that warrants the ICO considering circumstances left out from the initial correspondence.
The Issue
I would like the ICO to consider whether or not Vodafone are in breach of Principle 4 of the Data Protection Act 1998. Whilst Vodafone have not admitted directly that the account is a fraudulent one, I feel I have gathered enough evidence to show that the default should not have been applied to my credit score and should have been removed when Vodafone were made aware of the situation in 2015, pending a proper investigation being carried out.
Background
The issue revolves around a fraudulent account set up in my name using my bank details in July 2014. I assert that Vodafone have been negligent in allowing a contract to be opened with insufficient documentation and have incorrectly applied a debt and default notices to my name/credit score. I further assert that the fraud investigation carried out by Vodafone has been insufficient and that they have ignored/overlooked the findings of both the ActionFraud and Natwest fraud investigations.
I am basing this on the following points, all of which can be backed up with evidence:
1. The Police conducted an investigation and determined that this account was set up fraudulently. For this I have a crime reference number that has been supplied to Vodafone.
2. My bank conducted their own investigation verifying that the direct debit mandate contained a fraudulent signature and have informed Vodafone of this.
3. Vodafone have been aware of this type of fraud happening since 2014 (as per the action fraud website) and the facts surrounding this account matches the fraud that took place.
4. Vodafone have been unable to supply any evidence of the contract despite persistent requests.
5. Vodafone have also failed to supply me with proof of default in the form of a default notice, statement of account and notice of assignment despite persistent requests.
6. Vodafone have now admitted that the account is linked to an ongoing fraud investigation, but have only done this in response to an email I sent to the company CEO Nick Jeffery.
7. I've never had a Vodafone account prior to this one being set up. I can prove I already had a contract with another mobile provider.
8. The Vodafone account notes I obtained show that the phone was used in Portugal and Spain but on the said dates I was in the UK.
9. There are several inconsistencies in the Vodafone account notes provided. Despite 4 fraud investigations concluding that no fraud was found and siting ‘normal usage on the account, normal calls to UK landlines and mobiles’ the account notes clearly show that this account was referred to Vodafone’s internal fraud team several times due to high usage in Europe and calls overseas.
Taking all of the above into account, it is my view that it is more likely than not that Vodafone should not have recorded the default and/or removed it upon being made aware of the circumstances surrounding this case. Their letter from the legal team in my opinion indirectly suggests that they are aware of the mobile phone scam and that I am potentially one of those victims, otherwise they would not have referred to the Met Police's investigation.
Evidence Enclosed
I intend to base my claim on the following documents:
Vodafone 689728830 Crystal Account Notes
Vodafone 689728830 Siebel Account Notes
Letter from Vodafone Legal Team dated 03/04/17 Reference: 1-456427175962
Please could you confirm receipt of this email and let me know how long you expect the investigation to take. I look forward to hearing from you.
Sincerely,
Abbie
Also received a response from Lee (Vodafone) stating:
'Further to my email dated 22 September, I can confirm that the case relating to Operation Rosewood is currently going through litigation.Once the case has been concluded and we have further instructions from the court, I'll let you know.
Unless I have an update sooner, I'll next check this on 9 October.'
Not sure whether its worth waiting it out at this stage or proceeding with court action, I don't think Vodafone will be forthcoming with a resolution after the case has been concluded so may just press ahead regardless.0 -
Hi Guys,
Quick update, sent the following letter to the ICO sent last Thursday and received a generic response stating that they aim to reply within 14 days:
Dear *****
I am formally requesting that you investigate Case Reference Number ******* in accordance with section 42 of the Data Protection Act 1998. I am doing this on the basis that I have further information that warrants the ICO considering circumstances left out from the initial correspondence.
The Issue
I would like the ICO to consider whether or not Vodafone are in breach of Principle 4 of the Data Protection Act 1998. Whilst Vodafone have not admitted directly that the account is a fraudulent one, I feel I have gathered enough evidence to show that the default should not have been applied to my credit score and should have been removed when Vodafone were made aware of the situation in 2015, pending a proper investigation being carried out.
Background
The issue revolves around a fraudulent account set up in my name using my bank details in July 2014. I assert that Vodafone have been negligent in allowing a contract to be opened with insufficient documentation and have incorrectly applied a debt and default notices to my name/credit score. I further assert that the fraud investigation carried out by Vodafone has been insufficient and that they have ignored/overlooked the findings of both the ActionFraud and Natwest fraud investigations.
I am basing this on the following points, all of which can be backed up with evidence:
1. The Police conducted an investigation and determined that this account was set up fraudulently. For this I have a crime reference number that has been supplied to Vodafone.
2. My bank conducted their own investigation verifying that the direct debit mandate contained a fraudulent signature and have informed Vodafone of this.
3. Vodafone have been aware of this type of fraud happening since 2014 (as per the action fraud website) and the facts surrounding this account matches the fraud that took place.
4. Vodafone have been unable to supply any evidence of the contract despite persistent requests.
5. Vodafone have also failed to supply me with proof of default in the form of a default notice, statement of account and notice of assignment despite persistent requests.
6. Vodafone have now admitted that the account is linked to an ongoing fraud investigation, but have only done this in response to an email I sent to the company CEO Nick Jeffery.
7. I've never had a Vodafone account prior to this one being set up. I can prove I already had a contract with another mobile provider.
8. The Vodafone account notes I obtained show that the phone was used in Portugal and Spain but on the said dates I was in the UK.
9. There are several inconsistencies in the Vodafone account notes provided. Despite 4 fraud investigations concluding that no fraud was found and siting ‘normal usage on the account, normal calls to UK landlines and mobiles’ the account notes clearly show that this account was referred to Vodafone’s internal fraud team several times due to high usage in Europe and calls overseas.
Taking all of the above into account, it is my view that it is more likely than not that Vodafone should not have recorded the default and/or removed it upon being made aware of the circumstances surrounding this case. Their letter from the legal team in my opinion indirectly suggests that they are aware of the mobile phone scam and that I am potentially one of those victims, otherwise they would not have referred to the Met Police's investigation.
Evidence Enclosed
I intend to base my claim on the following documents:
Vodafone 689728830 Crystal Account Notes
Vodafone 689728830 Siebel Account Notes
Letter from Vodafone Legal Team dated 03/04/17 Reference: 1-456427175962
Please could you confirm receipt of this email and let me know how long you expect the investigation to take. I look forward to hearing from you.
Sincerely,
Abbie
Also received a response from Lee (Vodafone) stating:
'Further to my email dated 22 September, I can confirm that the case relating to Operation Rosewood is currently going through litigation.Once the case has been concluded and we have further instructions from the court, I'll let you know.
Unless I have an update sooner, I'll next check this on 9 October.'
Not sure whether its worth waiting it out at this stage or proceeding with court action, I don't think Vodafone will be forthcoming with a resolution after the case has been concluded so may just press ahead regardless.
Personally, I'd wait until 9th October (can't hurt) just because if Vodafone indeed do nothing, it strengthens your case0 -
Lee has only committed to checking if there has been progress on the 9th of October. The actual court case could take years and even then I don't expect Vodafone to be forthcoming with a resolution to my situation, especially as they denied there was any fraud on the account until I contacted their CEO.
Thanks for your advice but I will be pressing ahead and bringing a court case against them and will be seeking damages. I will draft my final letter this week and post it on here before sending. Any help appreciated.0 -
Hi Guys,
I have received a response from the ICO:
Thank you for your further correspondence dated 21 September 2017 regarding your concerns about Vodafone.
We note you would like us to consider whether or not Vodafone are in breach of Principle 4 of the Data Protection Act (DPA). This is because you feel you have gathered enough evidence to show that the default should not have been applied to your credit file.
Although we appreciate your concerns, it is our understanding that Vodafone are aware that the information they are holding on your account may be inaccurate as they are currently carrying out a fraud investigation.
In the event that an organisation is aware that they may be holding inaccurate information due to possible fraud and they are currently carrying out an investigation into this, then this is not an issue that the ICO or the DPA can address.
The ICO does not investigate matters relating to fraud or fraud disputes as this is not within our remit.
However, once a fraud investigation has been concluded and in the event that fraud is confirmed, the organisation, in this case Vodafone, should amend / correct your account accordingly.
An organisation is not obliged to amend / correct your account until a fraud investigation has been concluded.
In this case we are aware that Vodafone has previously informed you that a number of individuals have been arrested and were pending court appearance at Southwark Crown Court in September. Vodafone have also explained that your account will therefore be left cancelled and collectable until the case concludes at court.
If you require further information as to when the court case will be concluded we suggest you contact Vodafone directly.
We are sorry we are unable to assist further however hope this information is useful to you.
So looks like that's a dead end! Only one thing left to do now.0 -
Put a notice of correction on your credit files saying you have been the victim of identity fraud and there is an ongoing court case.
Then await the outcome of the criminal proceedings. If it is proved, great, but even if the fraud offence involving this account isn't proved, it doesn't prevent you taking civil proceedings against Vodafone as the standard of proof is lower in civil proceedings.What will your verse be?
R.I.P Robin Williams.0 -
I did that, here is the response from Experian:
Thank you for your contact received on 04 January 2017
I'm writing in relation to your recent query with:
*Vodafone (Account Started 07/05/2014)
They've confirmed that this information is accurate, so I'm afraid I can't make any changes to it.
They have further stated that :
"The current overdue balance on the account £883.38therefore the credit file is correctly recorded.The customer will need to contact Vodafone Customer Services on 03333040191 to arrange payment and discuss this further."
I understand that this may not be the outcome you were hoping for. If you'd like to discuss their decision, you should contact them directly. Their contact details are:
Vodafone Shelton Boulevard (off Forge Lane), Festival Park, Etruria, Stoke on Trent, ST1 5GP
Don't worry, if they send us any further instructions regarding this matter, we will do as they ask.
As this data was previously suppressed from your report it will be re-added now that we have received a response to the query that we raised on your behalf.
Our standard dispute statement will be removed from this information shortly. If you'd still like there to be a dispute statement on this information, I can add the following:
"The consumer has disputed the accuracy of this entry. Given that this data is disputed, please take care if making an assessment of any kind that may include this data."
Please let me know if you'd like this statement to be added to your report, where it will stay until you ask us to remove it.
Alternatively, you can add your own statement to this information. We call this a 'Notice of Correction'. If you'd prefer to add one of these, please let us know, in writing, the exact wording that you'd like to use. Please note that we can't add a statement that is longer than 200 words or one we think is defamatory, frivolous, scandalous or unsuitable for publication for some other reason.
If you require any further assistance, please do not hesitate to contact us.0
This discussion has been closed.
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