Taking Court Action Against Vodafone - Remove Default Notice

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  • fermi
    fermi Posts: 40,546
    First Anniversary Combo Breaker First Post Intrepid Forum Explorer
    Forumite
    http://www.legalbeagles.info/forums/

    May be able to suggest an approach to get it sorted on the legals side. Unfair defaults on credit files are a common issue there.
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  • AbbieA
    AbbieA Posts: 46 Forumite
    legalbeagles

    May be able to suggest an approach to get it sorted on the legals side. Unfair defaults on credit files are a common issue there.

    Hi Guys,

    Just a quick update. Since being recommended the legalbeagles forum I have also posted on there and been given the CEO's email. I have sent details of the case to him. They have also sent me details of a case (Vidal-Hall vs Google) that set the precedent for claiming damages for misuse of personal details, for which I will be seeking legal advice on/representation.

    The 28 days time frame set out in my Pre Action letter is up tomorrow and I have still not even had an acknowledgement, I really thought they would have felt obliged to respond in some way? I have prepared a follow up letter that I will post by recorded delivery tomorrow. In it I specifically mention:

    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 alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). 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 deed of assignment if the debt was sold on. 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.


    This was written following research online, I'm not sure how true it is but seems to suggest that if they haven't substantiated their claim when putting the default notice onto my file then it has to be removed. As far as I am aware they haven't, as I have never received such a notice. Is this true?
  • sourcrates
    sourcrates Posts: 28,647
    First Anniversary Name Dropper First Post Photogenic
    Ambassador
    edited 13 March 2017 at 1:36PM
    AbbieA wrote: »
    Hi Guys,

    Just a quick update. Since being recommended the legalbeagles forum I have also posted on there and been given the CEO's email. I have sent details of the case to him. They have also sent me details of a case (Vidal-Hall vs Google) that set the precedent for claiming damages for misuse of personal details, for which I will be seeking legal advice on/representation.

    The 28 days time frame set out in my Pre Action letter is up tomorrow and I have still not even had an acknowledgement, I really thought they would have felt obliged to respond in some way? I have prepared a follow up letter that I will post by recorded delivery tomorrow. In it I specifically mention:

    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 alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). 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 deed of assignment if the debt was sold on. 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.


    This was written following research online, I'm not sure how true it is but seems to suggest that if they haven't substantiated their claim when putting the default notice onto my file then it has to be removed. As far as I am aware they haven't, as I have never received such a notice. Is this true?

    Hang fire
    the above does not apply to a mobile service agreement.

    It only applies to a credit agreement regulated by the consumer credit act, its a service agreement they (allegedly) have with you.

    Also there will be no "deed of assignment" (only a court can request this).

    You should be asking for proof of service agreement, for example, air time bills.

    proof of default in the form of a default notice, and notice of assignment.
    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
  • Vodafone
    Vodafone Posts: 4,297 Organisation Representative
    edited 13 March 2017 at 7:35PM
    Hi Abbie,

    Thanks for making me aware of this.

    If you'd like me to look into things further, email me via the form here.

    To access the form you'll need to enter the code WRT135.

    As well as stating your issue in the question box, please also quote "MSE Forum".

    Once sent, you'll receive an automated reply with a reference number. Post it on here and I'll check that I've received it.

    Thanks,

    Lee

    Social Media Operations

    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 [email protected] This does NOT imply any form of approval of my company or its products by MSE"
  • AbbieA
    AbbieA Posts: 46 Forumite
    Hang fire
    the above does not apply to a mobile service agreement.

    It only applies to a credit agreement regulated by the consumer credit act, its a service agreement they (allegedly) have with you.

    Also there will be no "deed of assignment" (only a court can request this).

    You should be asking for proof of service agreement, for example, air time bills.

    proof of default in the form of a default notice, and notice of assignment.

    Thanks for your help, I have amended the letter and will post today!
  • AbbieA
    AbbieA Posts: 46 Forumite
    Hi Abbie,

    Thanks for making me aware of this.

    If you'd like me to look into things further, email me via the form here.

    To access the form you'll need to enter the code WRT135.

    As well as stating your issue in the question box, please also quote "MSE Forum".

    Once sent, you'll receive an automated reply with a reference number. Post it on here and I'll check that I've received it.

    Thanks,

    Lee

    Social Media Operations

    Vodafone UK

    Thanks for the offer Lee. Unfortunately, you are the third person from 'Social Media Operations' I have spoken to regarding this. I have also had promises from several 'Customer Service Agents (Social Media)' and none have been any use. Vodafone have now also ignored a Pre Action Protocol Letter.

    I will send you the details, as I have done to your CEO Nick Jeffery and your Corporate & External Affairs Director Helen Lamprell, via email. Hopefully I will at least get an acknowledgement.
  • rizla_king
    rizla_king Posts: 2,895 Forumite
    AbbieA wrote: »
    Thanks for the offer Lee. Unfortunately, you are the third person from 'Social Media Operations' I have spoken to regarding this. I have also had promises from several 'Customer Service Agents (Social Media)' and none have been any use. Vodafone have now also ignored a Pre Action Protocol Letter.

    Usual for Vodafone.

    they post on forums to try to make things look good and give the impression that they care, but mostly #### all comes of it.
    Still rolling rolling rolling...... :) <
    SIGNATURE - Not part of post
  • AbbieA
    AbbieA Posts: 46 Forumite
    If you'd like me to look into things further, email me via the form here.

    To access the form you'll need to enter the code WRT135.

    As well as stating your issue in the question box, please also quote "MSE Forum".

    Once sent, you'll receive an automated reply with a reference number. Post it on here and I'll check that I've received it.

    I have sent the details, still awaiting the automated response though. The main points are:

    I have gathered enough information to present my case to a court following a DPA request that shows 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 have copies of both Vodafone's Siebel and Crystal account notes obtained under the provisions of Data Protection Act 1998 which show my repeated requests for the following information:

    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.

    On pg. 14 of the Siebel Account Notes it is stated that ‘the usage on this account is also normal, normal calls to UK landlines and mobiles, no fraudulent usage’ yet on pg. 17 and pg. 19 of the Crystal Account Notes it shows that this account was referred to the Fraud/Credit & Collections team in June and July of 2014 due to high usage of ‘more than £100 in 1 day’ in Spain and Portugal on separate occasions.

    Pg. 13 of the Crystal Account Notes shows that Vodafone was told by my bank that the Direct Debit Instruction contained a fraudulent signature, but this was not mentioned in any of the notes referencing subsequent fraud investigations.

    I await your response.
  • Not all DD's have a signature, in fact all that is normlly needed is sort code and account number and then you get a letter confirming the dd is set up. I've never had to sign a form to authorise a DD.
  • Vodafone
    Vodafone Posts: 4,297 Organisation Representative
    Hi AbbieA,

    Thanks for updating us, has the automated email been sent to any spam or junk folders?

    If you’re unable to locate the response, please resubmit your details after clearing your cache and cookies and trying an alternative browser.

    Once you receive the reference number, please update us and we can check on this for you.

    Thanks,

    Natasha

    Social Media Operations

    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 [email protected] This does NOT imply any form of approval of my company or its products by MSE"
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