Taking Court Action Against Vodafone - Remove Default Notice

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!
«13456710

Comments

  • StopIt
    StopIt Posts: 1,470 Forumite
    WOw, Vodafone have pulled a blinder here.


    They get told that an account was opened fraudulently, and proceed to go "lalala not listening"? Not a good look.


    I would have said there's a Vodafone rep that usually pops along to help in threads like these, but I think that's far too gone.


    I can't answer if you can use a court claim to remove a default but you should be pursuing for damages and additionally, if you haven't already, seek legal advice to make sure you get everything in order.

    In debt and looking for help? Look here for the MSE Debt Help Guide.
    Also, If you need any free and impartial debt advice, the National Debtline, Stepchange, and the CAB can help.
  • FBaby
    FBaby Posts: 18,367
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    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.
    So what did they conclude when they first closed the investigation? Why aren't Vodaphone following the ombudsman recommendations? Or did they conclude that Vodaphone acted appropriately?
  • AbbieA
    AbbieA Posts: 46 Forumite
    S0 what did they conclude when they first closed the investigation? Why aren't Vodaphone following the ombudsman recommendations? Or did they conclude that Vodaphone acted appropriately?

    No they didn't conclude that Vodafone acted appropriately, they concluded that it was out of their "terms of reference". Not sure what they mean by that, this is their actual response:

    On checking our records we found that we had set up a case for you in July 2016 regarding the same issue with Vodafone. At this time you were informed that the Ombudsman had made the decision that we were unable to investigate the complaint due to being outside our terms of reference. As this decision was made at this time we are still unable to investigate the case.
    I can't answer if you can use a court claim to remove a default but you should be pursuing for damages and additionally, if you haven't already, seek legal advice to make sure you get everything in order.

    Thanks for your help, do you have any advice on where I should be seeking legal advice? Do I just find a local solicitor through Google and contact them? I don't have a lot of money to invest in this either.
  • glentoran99
    glentoran99 Posts: 5,821
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    Isnt this a case for the financial ombudsman as it relates to credit files?
  • AbbieA
    AbbieA Posts: 46 Forumite
    I initially contacted the financial ombudsman who referred me to the consumer ombudsman. Not sure if it's worth trying them again now I have more evidence?
  • Anoneemoose
    Anoneemoose Posts: 2,258
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    I'm not sure the Consumer Ombudsman are right there, when I worked for Orange, this was the kind of thing in their remit.

    You could try the Financial Ombudsman again though.

    Or could you write to the Credit Reference agencies to say they are reporting incorrect information..I don't know if that will be fruitful, but might be worth a go.

    Vodafone's Legal Team really need to get their backsides into gear here. Did you address the letter directly to them, or Customer Service?
  • sourcrates
    sourcrates Posts: 28,647
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    Isnt this a case for the financial ombudsman as it relates to credit files?

    ICO would be responsible for that bit.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing [email protected]. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • AbbieA
    AbbieA Posts: 46 Forumite
    I contacted the ICO in early February and was told they would look into it, but have yet to receive a response other than their initial acknowledgement. I'll chase them up tomorrow. For information, my correspondence with the ICO:

    I am writing with regards to an ongoing dispute with Vodafone Limited and would like to request the ICO’s assistance with the following:

    Recovery of personal details from Vodafone that were obtained by criminals and used to set up a fraudulent account in my name;

    Instructing Vodafone to remove the default notices associated with this fraudulent account from my credit file.

    I am concerned that Vodafone:

    is not keeping my information secure and has been sending correspondence to an address used by fraudsters;

    holds information about me that is inaccurate, i.e. debt and default credit notices;

    refuses to provide me with information pertinent to a fraud investigation.

    I have attached the following documents:

    Completed Information Handling Form
    Letter sent by myself to Vodafone formally requesting that they provide me with details of the fraud investigation and the identification documents and proof of address used to open the account remove the default notices and that they remove the default notices from my credit file;

    Vodafone’s records of all my correspondence with them obtained under the provisions of the Data Protection Act 1998.
  • AbbieA
    AbbieA Posts: 46 Forumite
    edited 9 March 2017 at 6:57AM
    Vodafone's Legal Team really need to get their backsides into gear here. Did you address the letter directly to them, or Customer Service?

    The address I used was:

    Customer Relations Manager
    Vodafone Limited
    The Connection
    Newbury
    Berkshire
    RG14 2FN

    This is the one they give out for formal complaints. I have searched for a direct legal team correspondence address and not been able to find one.
  • StopIt
    StopIt Posts: 1,470 Forumite
    AbbieA wrote: »
    No they didn't conclude that Vodafone acted appropriately, they concluded that it was out of their "terms of reference". Not sure what they mean by that, this is their actual response:

    On checking our records we found that we had set up a case for you in July 2016 regarding the same issue with Vodafone. At this time you were informed that the Ombudsman had made the decision that we were unable to investigate the complaint due to being outside our terms of reference. As this decision was made at this time we are still unable to investigate the case.



    Thanks for your help, do you have any advice on where I should be seeking legal advice? Do I just find a local solicitor through Google and contact them? I don't have a lot of money to invest in this either.


    In that case, find your local Citizens Advice branch ASAP and get some advice from them.

    In debt and looking for help? Look here for the MSE Debt Help Guide.
    Also, If you need any free and impartial debt advice, the National Debtline, Stepchange, and the CAB can help.
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