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  • FIRST POST
    • 007james
    • By 007james 25th Feb 17, 12:57 PM
    • 24Posts
    • 1Thanks
    007james
    How do I respond to Ombudsman?
    • #1
    • 25th Feb 17, 12:57 PM
    How do I respond to Ombudsman? 25th Feb 17 at 12:57 PM
    I posted this on Vodafone sticky but not sure what a sticky is. Do I get responses from msers?


    Was taken in by the hard sell at the end of Nov 2015 and took out an amazing tariff so good I asked for a second number for my child but not after a long discussion about making sure he could't ever go over the 2Gb data limit. I was told that there would be a cap and he could never go over. I was also told that as the account holder I would get data limit alerts... Fast forward May 2016.

    Shocked to find 2 astronomical bills and when I lookd closely at my bills it appeared my son went over his data allowance. 487.50 taken out of my account. Obviously I called VF immediately who promised to listen in to the Nov 2015 call. No response for a few months until I was told they couldn't listen into the call... Fast forward... I decided to go to Ombudsman as VF offered half the amount but on principle I decided to leave it with Ombudsman as I felt I should be given all the money.

    In the meantime loads of other issues too nuemrous to go into but meant I spent hours and hours on the phone trying to deal with it. Advisers contradicting each other, not knowing company procedures, passing the buck etc.... Nightmare...Finally sorted out by visiting a store!

    Ok back to original complaint... Ombudsman came back and said there is no EVIDENCE that I was told there would be a cap. They say:
    Quote:
    I have reviewed all the information that is available and cannot see any evidence that Vodafone agreed to apply a cap to the usage on the number ending 676. Furthermore, Vodafone advises that its systems were not capable of applying any cap to the service at the time. It is no longer possible to retrieve the call recordings due to the length of time that has passed, Vodafone does not retain recordings for more than 90 days. Ombudsman Services: Communications is an evidence-based organisation; therefore, I must reach a decision using the evidence that is available. I cannot conclude that Vodafone advised the data usage on the number ending 676 would be capped. Additionally, the account notes show that Vodafone sent notifications to the number ending 676 in April 2016 to advise of the high data usage. I must conclude that the data charges are valid.
    I was offered 30 for falsely charging for a data 'gift' and 49 as a goodwill gesture!!!!!!! Plus a letter of apology from Vodafone.

    So where does that leave me. I know what the South African VF rep said to me. The Ombudsman says I have 14 days to respond to the resolution. I need to have more material facts. I didn't record who I spoke to but since June 2016 decided to use the web chat facility for every interaction so that this could never be held against me. The only 2 things I can think of is:
    1. that there was a family cap tariff in Nov 2015 that could have been suggested.
    2. They never texted me alerts as the account holder and only texted my son's phone

    The onus should be on VF to prove they did text me alerts. They have told Ombudsman that:
    Quote:
    Additionally, the account notes show that Vodafone sent notifications to the number ending 676 in April 2016 to advise of the high data usage. I must conclude that the data charges are valid.
    I am the account holder and the rep said I would receive all alerts too.

    Ombudsman say they are evidence based but I'm thinking if VF can't listen into calls then their incompetent staff can say anything and we the custimer have to pay for that. Should there be written notes too? How do we know vodafone sent notifications or is it something they are saying or could make up?

    I need advise asap as 14 days are up in a couple of days. I'm so frustrated and angry that a company's advisors can say what they want to get a sale and then not follow through their promises. It all seems very unfair.

    I need to know how to respond to Ombudsman.

    Thank you in advance.
Page 2
    • 007james
    • By 007james 18th Mar 17, 7:32 PM
    • 24 Posts
    • 1 Thanks
    007james
    Is it 2 contracts on one account or 2 phones on one contract?
    • d123
    • By d123 18th Mar 17, 8:04 PM
    • 6,165 Posts
    • 3,997 Thanks
    d123
    Is it 2 contracts on one account or 2 phones on one contract?
    Originally posted by 007james
    That would equate to the same thing...
    Dave
    ====
    • Leon W
    • By Leon W 18th Mar 17, 11:38 PM
    • 1,655 Posts
    • 1,106 Thanks
    Leon W
    Over the last couple of years James I've asked for deadlock letters from Vodafone on a couple of occasions.......yes, you can guess the rest........never received, obviously ! Finally got shot of the crooks in December over three accounts, they said the final bills would be posted..........yes, you can guess the rest.........never received any of them, not one, obviously !

    If you want written testimony to present in court that Vodafone don't send out stuff they say they send out then I'm your man !
    Last edited by Leon W; 18-03-2017 at 11:50 PM.

    • pmduk
    • By pmduk 19th Mar 17, 3:37 PM
    • 7,176 Posts
    • 5,175 Thanks
    pmduk
    Also does anyone know if it's policy that both handsets should be sent data alerts when there are 2 numbers on one account? They are blaming me for not monitoring the account and ignoring text alerts which of course I didn't receive to my handset.
    Originally posted by 007james
    Having worked for a different network the norm is to send the alerts to the handset involved. The network has no way to know you are not using the handset which is in your name. It's always risky giving a contract handset/SIM to a third party of whatever age, you will remain responsible for their bill
    • 007james
    • By 007james 20th Mar 17, 1:19 AM
    • 24 Posts
    • 1 Thanks
    007james
    Yes but I asked to send alerts to my number and they said yes. I had a long discussion at point of sale as I said second number was for a child and I needed safeguards etc. They said the amount could be capped. Cos there is no evidence that they said then I'm not believed.

    But I do have evidence that no deadlock letter was sent as I have been emailed all the notes from the case by Vodafone via Ombudsman and it clearly states it. No process was explained adequately. Have also cross referenced my calls to VF customer service ( seen on bills) with the dates on the case notes and it appears that the dates are there but notes relating to my queries are missing. ???
    Last edited by 007james; 20-03-2017 at 1:21 AM. Reason: Typo
    • holdon
    • By holdon 14th Apr 17, 8:12 AM
    • 43 Posts
    • 15 Thanks
    holdon
    I am more than interested in those post that have stated that problems exist with Ombudsman Services(OS).


    I have a complaint with Ombudsman Services which was suffered from 'maladministration' as this was confirmed by the Independent Assessor(IA) who found in my favour. The IA was restricted in his review by the limits of his 'remit' and could not pass any comment on the decision of the Ombudsman.


    My complaint has since progressed and is currently with the Minister for review.


    The industry complained of and monitored/regulated was under the Ofcom auspices who are also the Competent Authority(CA), as may be known Ofcom have just announced that they are currently undertaking a review of the ADR scheme so it is important that people with complaints report to Ofcom and submit details of potential 'faults' with the system.


    Please refer to http://www.legislation.gov.uk/uksi/2015/542/contents/made

    There is no doubt that false assertions were used by the OS which is the only way that they could support the company complained of, this, in my opinion is 'passing off'.


    The PHSO who reviewed the decisions of Ofcom are now in a very difficult position having taken no action. It is a requirement that the CA review the ADR scheme every two years, in this case Ofcom last reviewed the scheme in 2012. It is stated by Ofcom that they take note of complaints and will taken all complaints into account when they next review the ADR scheme, this they have failed to do in accordance with the ADR Legislation having failed to review the 'scheme' since 2012, I cannot imagine that 5 years complaints will be adequately recorded or considered during the current review and is therefore suggestive of further 'maladministration'.


    I am interested in hearing from anybody who would like to join the party and register their complaints with Ofcom so that the shortfall in 'consumer protection' can be highlighted and acted upon. It is time that we as 'individual consumers' joined together and force regulators to act in accordance with the Legislation, after all it is us who paid for the Legislation to be passed.
    Last edited by holdon; 14-04-2017 at 8:15 AM.
    • 007james
    • By 007james 19th Apr 17, 11:11 PM
    • 24 Posts
    • 1 Thanks
    007james
    I am pleased to report that even after Ombudsman deadline had passed I was able to provide evidence from the Vodafone notes kindly passed on by the Ombudsman which clearly stated I wasn't sent a deadlock letter. As a result the original offer of half the data charges was re offered and I accepted. I received 260 instead of 30. I didn't feel it was worth fighting for the other half.

    Warning to all mobile phone customers... ask lots of questions when taking out a contract and if possible use the chat facility and 'save' all chats. They can't then say there is no evidence that the adviser said this or that.
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