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  • FIRST POST
    • AbbieA
    • By AbbieA 8th Mar 17, 2:11 PM
    • 38Posts
    • 14Thanks
    AbbieA
    Taking Court Action Against Vodafone - Remove Default Notice
    • #1
    • 8th Mar 17, 2:11 PM
    Taking Court Action Against Vodafone - Remove Default Notice 8th Mar 17 at 2:11 PM
    Hi Guys,

    Sorry if this is in the wrong place but this is my first post on the forum, moderators feel free to move if necessary.

    I am in the middle of a long battle with Vodafone over a fraudulent account set up in my name back in 2014. This was discovered in July 2015 and immediately reported to the Police and ActionFraud who provided a crime reference number. It was also reported to my bank who, having conducted an investigation, determined that the signature used to set up the Direct Debit Instruction was fraudulent. As a result of this, the bank recovered all monies paid to Vodafone.

    Since then, Vodafone have not accepted that this account was created fraudulently and have continued to send correspondence to an unknown to me address provided by the fraudsters when they created the account. They have also applied default notices to my credit record and have refused to remove them. I have made repeated requests asking them to 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 and I have numerous email responses where they have refused to supply me with these.

    In 30/10/16 I sent a letter to Vodafone by recorded delivery advising that I plan on pursuing them through the Consumer Ombudsman and will take legal action if necessary, if they refuse to remove the default notices from my credit score. They confirmed receipt of the letter but refused to remove the default notices or provide me with the information I requested. As a result I contacted the consumer ombudsman who stated that, having previously investigated the account when I was still gathering evidence and subsequently closed their investigation, will no longer investigate.

    On 12/12/16 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. It also has all my correspondence and repeated requests for further information but specifically does not include details of the fraud investigation or the identification documents and proof of address used to open the account.

    As a result of this I feel I am now left with no option but to pursue Vodafone through a smalls claim court (?) to get them to remove the default notice. I have sent a Pre Action Protocol stating my intent. In my Basis of Claim I assert that Vodafone have been negligent in allowing this 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. I can and have provided evidence to back up these claims.

    So in summary, it’s a horrible situation that has caused me untold stress for nearly 2 years. Vodafone have yet to respond to my Pre Action Protocol letter and have until next week to do so (within the 28 days). I am preparing my next steps either way but wish I had posted on here sooner as I need advice on the following:

    Can a small claim court force a company to remove a default notice?
    Should I be pursuing Vodafone for damages?
    Is there any way to get the Ombudsman to re-investigate now that I have all the evidence I need?

    Any help appreciated guys!
    Thanks, Abbie!
Page 3
  • Vodafone
    Hi AbbieA,

    I've got your email and I'll get back to you as soon as possible.

    Vodaphone rep, why don't you just PM the customer, get her phone number, and sort out her problem ?
    Originally posted by sourcrates
    Hi sourcrates,

    We don't have access to the PM function.

    Kind regards,

    Lee

    Social Media CARE

    Vodafone UK
    Official Company Representative
    I am the official company representative of Vodafone. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • itsallabitmuch
    • By itsallabitmuch 30th Mar 17, 11:28 PM
    • 51 Posts
    • 83 Thanks
    itsallabitmuch
    AbbieA...

    PLEASEPLEASEPLEASE tell me you're keeping a hard-copy printout of all of this joke?

    - This is further proof of Vodafone's utter incompetence, and will only further support your claim.

    PLEASEPLEASEPLEASE tell me you're going after damages through the courts at some point?!

    - The treatment you have received would send the most mentally-together person utterly insane!!!

    ANDPLEASEPLEASEPLEASE tell me you'll be taking this to the media after (if?!?!?!?!?!) it's resolved?!

    - It's just an utter joke

    So, so sorry you've had to go through all of this hun
    • AbbieA
    • By AbbieA 31st Mar 17, 9:56 AM
    • 38 Posts
    • 14 Thanks
    AbbieA
    tell me you're keeping a hard-copy printout of all of this joke?
    I have hard copies of all communications with Vodafone regarding this

    tell me you're going after damages through the courts at some point?!
    Its not really something I've considered at this point, I just want my name cleared and the default removed from my credit file as it is delaying me in buying my first house.

    tell me you'll be taking this to the media after (if?!?!?!?!?!) it's resolved?!
    I think that would be the next step and I am seeking advice on this. i am unsure how this will affect the court proceedings I am bringing against Vodafone and don't want to jeopardise that in anyway at this stage.
    • AbbieA
    • By AbbieA 6th Apr 17, 11:13 AM
    • 38 Posts
    • 14 Thanks
    AbbieA
    I think this a new low from Vodafone! I received a letter from Vodafone UK Legal Team today confirming that they have been notified by Metropolitan Police Mobile Phone Crime that this is part of a larger criminal investigation, a number of individuals have been arrested and that the court case will happen in September. Good news, but they then go on to say that the account will be left cancelled and collectable until then!?

    They have still not provided me with any of the details I have requested and are still ignoring my requests!

    So angry right now!
    Last edited by AbbieA; 06-04-2017 at 11:14 AM. Reason: Spelling mistake.
    • rizla king
    • By rizla king 6th Apr 17, 11:23 AM
    • 2,836 Posts
    • 1,892 Thanks
    rizla king
    so vodafone are going to leave the clearly false defamatory and libelous data on your report?

    and chase you?

    if so, vodafone are bigger 'frauds' that anyone else here

    Lee @ vodafone ?

    do you hear this? you have singly failed dismally to sort this out. you have made you and your company look incompetent frauds. you should be ashamed.
    Still rolling rolling rolling...... <----- SIGNATURE - Not part of post
    • sourcrates
    • By sourcrates 6th Apr 17, 11:31 AM
    • 11,902 Posts
    • 11,400 Thanks
    sourcrates
    Certainly poses more questions than answers.

    I'd hit them where it hurts if it were me :

    http://www.bbc.co.uk/programmes/b006mg74
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • StopIt
    • By StopIt 6th Apr 17, 12:13 PM
    • 864 Posts
    • 795 Thanks
    StopIt
    I think this a new low from Vodafone! I received a letter from Vodafone UK Legal Team today confirming that they have been notified by Metropolitan Police Mobile Phone Crime that this is part of a larger criminal investigation, a number of individuals have been arrested and that the court case will happen in September. Good news, but they then go on to say that the account will be left cancelled and collectable until then!?

    They have still not provided me with any of the details I have requested and are still ignoring my requests!

    So angry right now!
    Originally posted by AbbieA

    What the hell.


    So Vodafone know you were a victim of fraud but literally aren't doing a thing about it because reasons. Please, could someone flag this to the MSE team and get them to make a big fuss about this, report this post if you have to. This is utterly disgusting.
    • Polmop
    • By Polmop 7th Apr 17, 9:52 AM
    • 541 Posts
    • 761 Thanks
    Polmop
    Do you know where their head office is, I would be tempted to go there and sit there waiting to see a chief Exec and not move until seen.
    • AbbieA
    • By AbbieA 10th Apr 17, 7:07 PM
    • 38 Posts
    • 14 Thanks
    AbbieA
    Do you know where their head office is, I would be tempted to go there and sit there waiting to see a chief Exec and not move until seen.
    It's probably worth noting that the letter said it was in response to my email dated 13/03/17, so that was the email I sent to the company directors. They still have not replied to my Pre-Action or any other letters!

    It's also an absolute joke that I have numerous emails from them and their account notes (obtained under a DPA request) stating that there is no fraud, and it took an email to their CEO to get them to admit that there is!

    Can anyone advise where I go with this? The papers? Solicitors? Any help appreciated!
    • sourcrates
    • By sourcrates 10th Apr 17, 8:35 PM
    • 11,902 Posts
    • 11,400 Thanks
    sourcrates
    It's probably worth noting that the letter said it was in response to my email dated 13/03/17, so that was the email I sent to the company directors. They still have not replied to my Pre-Action or any other letters!

    It's also an absolute joke that I have numerous emails from them and their account notes (obtained under a DPA request) stating that there is no fraud, and it took an email to their CEO to get them to admit that there is!

    Can anyone advise where I go with this? The papers? Solicitors? Any help appreciated!
    Originally posted by AbbieA
    Watchdog like things like this, can't hurt can it !!!
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • fermi
    • By fermi 10th Apr 17, 9:31 PM
    • 39,229 Posts
    • 47,072 Thanks
    fermi
    Loads of newspaper columns investigate issues.

    For example:

    https://www.theguardian.com/money/series/yourproblems

    http://www.telegraph.co.uk/money/jessica-investigates/

    search your favourite papers, site, money/consumer blogs etc.

    As said, as Watchdog.

    Radio4 - You and Yours

    Radio4 - MoneyBox

    and more
    I'm a Board Guide on the Debt-Free Wannabe, Bankruptcy, Credit Cards and Loans boards. I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. Any views are mine and not the official line of moneysavingexpert.com. Board guides are not moderators. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com

    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
    • Polmop
    • By Polmop 11th Apr 17, 10:49 AM
    • 541 Posts
    • 761 Thanks
    Polmop
    I notice the Vodafone rep has gone quiet
    • sourcrates
    • By sourcrates 11th Apr 17, 9:04 PM
    • 11,902 Posts
    • 11,400 Thanks
    sourcrates
    Vodaphone in the news again today :

    http://www.moneysavingexpert.com/news/broadband/2017/04/partial-win-for-man-hit-by-10500-data-bill?_ga=1.150020789.2087338653.1481911097
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • newatc
    • By newatc 11th Apr 17, 9:46 PM
    • 81 Posts
    • 68 Thanks
    newatc
    Common sense doesn't seem to exist in companies like Vodafone (including their employees on this thread).
    AbbieA I'd be tempted to contact a nowin-nofee solicitor as can't believe damages wouldn't be appropriate in your case and of course they know how to deal with such plonkers. That hopefully would reduce your stress and wouldn't be great to see them trying to defend it in court ( though of course they would settle out of court).
    • AbbieA
    • By AbbieA 12th Apr 17, 2:03 PM
    • 38 Posts
    • 14 Thanks
    AbbieA
    Lee? Will? Becca? Anyone from Vodafone who has been reading this?

    Please comment as I feel disgusted that it has taken 2 years of trying, a DPA request to obtain Vodafone’s own account notes and an email to the Company Director to get them to admit that the account is fraudulent. This has caused me untold stress, especially since it has blemished my credit record for the past two years and forced me and my partner to have to hold off on buying our first house until this is resolved. The least you could do is explain yourself!?
    • sourcrates
    • By sourcrates 12th Apr 17, 2:23 PM
    • 11,902 Posts
    • 11,400 Thanks
    sourcrates
    Lee? Will? Becca? Anyone from Vodafone who has been reading this?

    Please comment as I feel disgusted that it has taken 2 years of trying, a DPA request to obtain Vodafone’s own account notes and an email to the Company Director to get them to admit that the account is fraudulent. This has caused me untold stress, especially since it has blemished my credit record for the past two years and forced me and my partner to have to hold off on buying our first house until this is resolved. The least you could do is explain yourself!?
    Originally posted by AbbieA
    They won't know anything about it Abbie, they will be told to stay quiet on this one.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • Polmop
    • By Polmop 12th Apr 17, 3:22 PM
    • 541 Posts
    • 761 Thanks
    Polmop
    Can MSE take this any further
    • AbbieA
    • By AbbieA 16th Apr 17, 10:39 AM
    • 38 Posts
    • 14 Thanks
    AbbieA
    Vodafone? Care to comment?
    • sourcrates
    • By sourcrates 16th Apr 17, 12:32 PM
    • 11,902 Posts
    • 11,400 Thanks
    sourcrates
    Vodafone? Care to comment?
    Originally posted by AbbieA
    Try messaging MSE Andrea after the hols, see if the money saving expert can help with this at all.
    Last edited by sourcrates; 17-04-2017 at 9:50 PM.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
  • Vodafone
    Hi AbbieA

    I've tried searching for your email but not been able to find anything. Do you have an email reference?

    If you could send us another email via eforum.web@help.vodafone.co.uk. Please ensure that you put WRT135 as the email subject.

    Kind regards,

    Sukhi

    Social Media CARE

    Vodafone UK
    Official Company Representative
    I am the official company representative of Vodafone. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
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