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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 4
    • rizla king
    • By rizla king 19th Apr 17, 11:25 AM
    • 2,836 Posts
    • 1,892 Thanks
    rizla king
    Hi AbbieA

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

    wow. more quite literally unbelievable gross incompetence

    anyone would think vodafone are deliberately trying to bury this
    Still rolling rolling rolling...... <----- SIGNATURE - Not part of post
    • StopIt
    • By StopIt 19th Apr 17, 12:51 PM
    • 864 Posts
    • 795 Thanks
    StopIt
    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
    Originally posted by Vodafone

    I love how CARE is in all caps. Shouting how much they care about customers. Only, they can't find any correspondence they send, or seemingly, can read a thread they're replying to.


    OP go straight to the media with this. Vodafone clearly don't want to help.
    • Lucky Duck
    • By Lucky Duck 19th Apr 17, 1:00 PM
    • 49 Posts
    • 23 Thanks
    Lucky Duck
    I see their reps are active on other threads on these forums but seem to be overlooking this one...
    • AbbieA
    • By AbbieA 27th Apr 17, 1:32 PM
    • 38 Posts
    • 14 Thanks
    AbbieA
    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
    I've just been through my inbox and I have sent 9 emails with that reference as the subject and also have 5 replies back from Vodafone. You're an absolute joke, where are you looking for these emails??
    • AbbieA
    • By AbbieA 27th Apr 17, 1:37 PM
    • 38 Posts
    • 14 Thanks
    AbbieA
    Also Sukhi, if you read through this thread there is a reply from Lee from Social Media CARE confirming that he has received my email and that he'll reply in due course. I've not had a response yet and now you're asking me to email Vodafone again as you can't find the email??

    Last edited by AbbieA; 28-04-2017 at 12:56 PM. Reason: Added Lee's job title
    • RightyTightyLeftyLoosey
    • By RightyTightyLeftyLoosey 29th Apr 17, 2:04 PM
    • 302 Posts
    • 862 Thanks
    RightyTightyLeftyLoosey
    Hi Abbie

    Here's the email of the CEO of Vodafone - his team are dealing with ongoing customer service issues, and I got a quick resolution:

    nick.jeffery@vodafone.com

    Hope you get this resolved.

    RTLL
    • worried jim
    • By worried jim 29th Apr 17, 2:25 PM
    • 8,540 Posts
    • 13,013 Thanks
    worried jim
    I've just read through all four pages and cannot believe the absolute incompetence shown by Vodaphone to Abbie. The fact that this issue has delayed, hampered and most likely added to the expense of buying a house is outrageous and there is a genuine case for you to be put right and back into the position you were financially when this first started.

    Good luck getting this sorted and thanks for sharing- I certainly will never go near this company in future, an absolute shower.
    "Only two things are infinite-the universe and human stupidity, and I'm not so sure about the universe"
    Albert Einstein
    • AbbieA
    • By AbbieA 2nd May 17, 6:57 AM
    • 38 Posts
    • 14 Thanks
    AbbieA
    Here's the email of the CEO of Vodafone - his team are dealing with ongoing customer service issues, and I got a quick resolution:

    nick.jeffery@vodafone.com

    Hope you get this resolved.

    RTLL
    Thank you! I did actually try them and got a response. It was the only time that Vodafone admitted that there was fraud on the account. I have several letters, plus emails, where Vodafone specifically state that 'the fraud investigation has concluded that there was no fraud found on the account'.

    When I get a chance I'm going to scan in all the letters I have received from them and the documents I obtained from the DPA request that show blatant contradictions/lies and upload to here. It really is shameful.
    • Polmop
    • By Polmop 2nd May 17, 12:22 PM
    • 541 Posts
    • 761 Thanks
    Polmop
    Abbie
    Jessica Investigates on the Telegraph has done some work for someone who had a problem with Vodafone and got them compensation this week.
    Why don't you try to contact them or someone else at another newspaper,
    I am sure they would love this one
    • AbbieA
    • By AbbieA 17th May 17, 9:24 AM
    • 38 Posts
    • 14 Thanks
    AbbieA
    Abbie
    Jessica Investigates on the Telegraph has done some work for someone who had a problem with Vodafone and got them compensation this week.
    Why don't you try to contact them or someone else at another newspaper,
    I am sure they would love this one
    Thanks! I have contacted Jessica Investigates and given her the details, hopefully will get a response and some movement with this! So sick of it now!

    Do you have any details of the other case she investigated? Would like to hear if their is anyone else in a similar situation with Vodafone?

    Still no reply from the Vodafone reps on here??? Lee? Will? Becca? Sukhi? Anyone from Vodafone? Still claiming you have misplaced the emails you previously responded to???
  • Vodafone
    Hi AbbieA,

    I replied to your email dated 30 March, reference number WRT135 [#15646794], on 31 March.

    As no further emails have been received under the above reference, please reply to my last email and I'll get back to you as soon as possible.

    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"
    • StopIt
    • By StopIt 17th May 17, 11:48 AM
    • 864 Posts
    • 795 Thanks
    StopIt
    Thanks! I have contacted Jessica Investigates and given her the details, hopefully will get a response and some movement with this! So sick of it now!

    Do you have any details of the other case she investigated? Would like to hear if their is anyone else in a similar situation with Vodafone?

    Still no reply from the Vodafone reps on here??? Lee? Will? Becca? Sukhi? Anyone from Vodafone? Still claiming you have misplaced the emails you previously responded to???
    Originally posted by AbbieA

    Nah, surely they wont say that...
    Hi AbbieA,

    I replied to your email dated 30 March, reference number WRT135 [#15646794], on 31 March.

    As no further emails have been received under the above reference, please reply to my last email and I'll get back to you as soon as possible.

    Kind regards,

    Lee

    Social Media CARE

    Vodafone UK
    Originally posted by Vodafone
    ROFLMAO
    • Stevie Palimo
    • By Stevie Palimo 17th May 17, 12:30 PM
    • 3,099 Posts
    • 4,417 Thanks
    Stevie Palimo
    If you are considering a legal challenge via the Courts then you can do this off of your own back and only need to take the full facts and the certain parts of the law that were broke to make your claim, I'd also hazard a guess here that if you took this to Court Vodafone would fail to attend and it would probably be found in your favour.

    Far cheaper than getting a Solicitor involved, Whilst you could hire and seek all costs and hope that a Solicitor may get you more money it is still feasible to make the challenge yourself and come out winning.

    Base the amount you seek here on true costs so far for everything including call costs, printed documents, paper, ink, and so on, Stick to actual costs only and keep any and all receipts here to tally the figure up, Do not add a figure for damages on a claim just add true costs plus damages sort.

    Brush up on the facts here :- https://www.cps.gov.uk/legal/d_to_g/fraud_act/#a06

    Seek damage also under here :- http://www.legislation.gov.uk/ukpga/1998/29/section/13

    Damages for breach of the Data Protection Act
    In relation to the claim for breach of statutory duty under the DPA, the judge called into question previous case law in which it had been found that damages for distress can be recovered under s13 DPA only if pecuniary damage has also been suffered. The judge did not ultimately decide the question as this was something that might arise for decision at trial but gave a preliminary view that "damage" in s13 DPA does include non-pecuniary damage.

    A different case but gives you an idea here :- http://www.allenovery.com/publications/en-gb/Pages/Misuse-of-Private-Information.aspx
    Last edited by Stevie Palimo; 17-05-2017 at 12:33 PM.
    • AbbieA
    • By AbbieA 19th May 17, 8:42 AM
    • 38 Posts
    • 14 Thanks
    AbbieA
    If you are considering a legal challenge via the Courts then you can do this off of your own back and only need to take the full facts and the certain parts of the law that were broke to make your claim, I'd also hazard a guess here that if you took this to Court Vodafone would fail to attend and it would probably be found in your favour.

    Far cheaper than getting a Solicitor involved, Whilst you could hire and seek all costs and hope that a Solicitor may get you more money it is still feasible to make the challenge yourself and come out winning.

    Base the amount you seek here on true costs so far for everything including call costs, printed documents, paper, ink, and so on, Stick to actual costs only and keep any and all receipts here to tally the figure up, Do not add a figure for damages on a claim just add true costs plus damages sort.

    Brush up on the facts here :- https://www.cps.gov.uk/legal/d_to_g/fraud_act/#a06

    Seek damage also under here :- http://www.legislation.gov.uk/ukpga/1998/29/section/13

    Damages for breach of the Data Protection Act
    In relation to the claim for breach of statutory duty under the DPA, the judge called into question previous case law in which it had been found that damages for distress can be recovered under s13 DPA only if pecuniary damage has also been suffered. The judge did not ultimately decide the question as this was something that might arise for decision at trial but gave a preliminary view that "damage" in s13 DPA does include non-pecuniary damage.

    A different case but gives you an idea here :- http://www.allenovery.com/publications/en-gb/Pages/Misuse-of-Private-Information.aspx
    Thank you Stevie! That's really helpful info and I'll go through it all this weekend. It looks like my options are wait until September and hope that Vodafone sort the situation out for me or start a legal challenge now. As it is affecting my credit status and preventing me from buying my first house I can't really afford not to mount a legal challenge!

    Thanks again for your help!
    • Polmop
    • By Polmop 1st Jun 17, 2:44 PM
    • 541 Posts
    • 761 Thanks
    Polmop
    hI Abbie
    Have you heard anything from the papers yet
    • AbbieA
    • By AbbieA 13th Sep 17, 4:33 PM
    • 38 Posts
    • 14 Thanks
    AbbieA
    Hi Guys,


    Sorry for the late reply, just a little update. There has been no change since my last post. I have sent a few letters to the recommended media outlets and a few to various solicitors. No media outlet ever got back to me and the few solicitors that were willing to help warned that it would be expensive and advised that I wait until September anyway.


    So here we are, it's September and the last contact I had from Vodafone Legal Team stated that 'the account will be left cancelled and collectable until the case concludes at court [in September 17]'.


    This whole thing has dragged on far too long and is still making me feel sick.


    I plan on writing another letter in response to the last Vodafone Legal Team letter asking for an update on the court case and again reiterating that this debt must be cancelled and all defaults removed from my credit score.


    If anyone has any further advice, please let me know!! Thanks, Abbie xx
    • beebrook
    • By beebrook 13th Sep 17, 5:01 PM
    • 26 Posts
    • 11 Thanks
    beebrook
    Hi Guys,


    Sorry for the late reply, just a little update. There has been no change since my last post. I have sent a few letters to the recommended media outlets and a few to various solicitors. No media outlet ever got back to me and the few solicitors that were willing to help warned that it would be expensive and advised that I wait until September anyway.


    So here we are, it's September and the last contact I had from Vodafone Legal Team stated that 'the account will be left cancelled and collectable until the case concludes at court [in September 17]'.


    This whole thing has dragged on far too long and is still making me feel sick.


    I plan on writing another letter in response to the last Vodafone Legal Team letter asking for an update on the court case and again reiterating that this debt must be cancelled and all defaults removed from my credit score.


    If anyone has any further advice, please let me know!! Thanks, Abbie xx
    Originally posted by AbbieA
    What a pain in the !!!!.

    Talking to these general customer service bods isn't going to get you anywhere.

    There's a dedicated credit control team at Vodafone in charge of outstanding balances etc. They are available on 03333 044 550. Sometimes the number doesn't work, annoyingly. Just says "thanks for calling, bye!". Vodafone a great, eh?

    Anyway, whether you get through to them lot or not, you need one person at Vodafone to take control and ownership of the situation - this may require spending a lot of time on hold whilst they debate it internally.

    If you can convince them that this account and any outstanding balances/defaults they have on record for it don't relate to you personally, they should be able to help. You just have to be patient enough to stay on hold and DONT LET THEM tell you that someone will call you back, or that you need to email them etc. You've already done all of that.

    Good luck.
    Debt to date: £4,330.07 - 88.9% left to go
    Debt upon joining (Sep'2017): £4,870 - Payday + Personal loans, Aqua credit cards & Nationwide Overdraft
    • AbbieA
    • By AbbieA 14th Sep 17, 7:23 AM
    • 38 Posts
    • 14 Thanks
    AbbieA
    Hi Guys,
    So my plan at the moment is to send another letter by recorded delivery to the UK Legal Team, in response to their last letter. I have drafted this:


    Dear Sir/Madam,


    I am writing to you in response to your letter dated 03/04/17. In it, you stated that:

    ‘We write to you following receipt of your email dated 13th March 2017. Following on from our previous letter we requested that the fraud investigation be re-opened and we are writing to you with the findings of that investigation.
    The above mentioned account (************) is in the name of *********. We have been notified by Metropolitan Police Mobile Phone Crime this is part of a larger criminal investigation called Operation Rosewood. Rosewood were targeting young people (mostly students) and asking for personal information in return for payments (£50 per handset/line usually)…
    ..A number of individuals have been arrested and pending court appearance at Southwark Crown Court in September 2017. This account will therefore be left cancelled and collectable until the case concludes at court.’

    It is now September and you have still not responded to or acknowledged my Letter of Claim, dated 14/02/17, written in compliance with the Practice Direction on Pre-Action Conduct, sent by recorded delivery and signed for on 16/02/17.
    It was stated in this letter that your “...attention is drawn to the Civil Procedure Rules 1998 and in particular the Court’s power to impose sanctions if you fail to comply with the same. If you ignore this letter or fail to provide a detailed letter of response within 28 days, Court proceedings will be issued against you and this letter will be brought to the attention of the Courts in their dealing with costs. Your non-compliance with the Rules may increase your liability for costs.”
    I therefore must once again request that Vodafone supply myself with:
    1. Copies of the ID and supporting documents (both proof of signature and proof of address) used to open this account
    2. The fraud investigation carried out by Vodafone, as referenced in both the Crystal Account Notes and Siebel Account Notes provided by Vodafone, in its entirety.
    As your company has placed a "Default Notice” against my name, and I have never received such a notice, I require you to substantiate this data at your earliest convenience. You must do this by supplying me with a true copy of the proof of service agreement you refer to. Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number **********.


    You must also supply me with a signed true and certified copy of the original default notice and any notice of assignment. I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that the default notice is removed from my files as unsubstantiated.


    It is your duty to comply with my requests under the law.


    Yours faithfully,


    ********






    Any thoughts?



    • sourcrates
    • By sourcrates 14th Sep 17, 12:38 PM
    • 11,902 Posts
    • 11,400 Thanks
    sourcrates
    Hi,

    Just to be picky, and to make sure you send a correctly formatted letter.

    There won't be a service agreement, use of the phone or sim is considered acceptance of the contract.

    They placed a "default" against your credit file, not a default notice, different things.

    Failure to issue a default notice is just a technical breach which carries no penalty and can be rectified by issue of another notice.

    Statement of account yes, notice of assignment yes, keep the £1.

    Everything else is good.
    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/
    • AbbieA
    • By AbbieA 14th Sep 17, 2:21 PM
    • 38 Posts
    • 14 Thanks
    AbbieA
    Thanks! Most helpful indeed. I am still drafting this and also seeking advice on the legal beagles forum, but will update both asap.

    Thanks again, it's really appreciated.
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