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  • FIRST POST
    • AbbieA
    • By AbbieA 8th Mar 17, 2:11 PM
    • 32Posts
    • 12Thanks
    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
    • 757 Posts
    • 687 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
    • 38 Posts
    • 18 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
    • 32 Posts
    • 12 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
    • 32 Posts
    • 12 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
    • 8,401 Posts
    • 12,800 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
    • 32 Posts
    • 12 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
    • 540 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
    • 32 Posts
    • 12 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
    • 757 Posts
    • 687 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
    • 32 Posts
    • 12 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
    • 540 Posts
    • 761 Thanks
    Polmop
    hI Abbie
    Have you heard anything from the papers yet
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