Default on cost of calls made from stolen mobile

Nervous_Dave

Hello there.

I was wondering if anyone on these forums might be knowledgeable enough to help me.

A few years ago I had my mobile phone stolen from me. Not realising it had been stolen (I thought I'd misplaced it in my room somewhere) I foolishly didn't cancel the sim card and the thieves or their associates (presumably) made a huge number of phenomenally expensive phone calls.

Vodafone reduced the debt from roughly £1100 to roughly £700, but could only offer the let me pay that over three months, no longer. This was way more than I could afford to pay extra per month at the time. I wrote them a number of letters to which they didn't reply protesting the debt and eventually took them to the Ombudsman, who ruled in Vodafone's favour.

As grossly unfair as I found all this I didn't see that I had any more legal avenues to challenge the debt, and by the time the process had finished I'd saved enough money to pay it back, which I did.

My credit file now contains a default which seems pretty unfair since I was a victim of theft, I disputed the charges from the outset and they did not reply to my letters. They say that since I agreed with the Ombudsman's decision (which formally I did, as I didn't know which avenue I could go down).

It boils down to this. I was too busy at the time to properly research the legal pathways these kinds of disputes are supposed to take and the options open to me quickly enough. I almost certainly waited too long between sending them letters before sending a follow-up - in my head I was just thinking "I'll come back to this when I receive a reply." By the time I went to the Ombudsman the default was already there I think.

Does anyone know if there's any way I can get this default removed? Or do I just need to go with a Notice of Correction?

Nervous_Dave

Bump.

Don't suppose anyone has any info on this?

I can't remember receiving a letter about the default, so I think I might try writing letters asking for proof.

I've Googled the hell out of this and I'm really surprised I can't find a precedent for debt accrued as the result of theft.

BlushingRose

Did you, once you'd realised it was stolen *then* cancel the sim card and report it to the police?

Nervous_Dave

Yes, as soon as I realised it was missing this was done. Think it must have been a couple of days later.

Nervous_Dave

Sorry to keep doing this but...bump?

cottonhead

I am not 100% sure but when my phone was stolen the phone company were really unhelpful. They said I had taken too long to report it to the police ( my car window was smashed in the phone taken in the night and I didnt realise until 11am the next morning ) so they wouldnt honour my insurance and I had to pay the remaining monthly contract payments - 7 months worth - and pay for a new handset ! Basically anything to get out of it. I apologise that I am just guessing here but I would imagine that there is some clause somewhere that states you are responsible for safegaurding your phone and preventing unauthorised useage and becauae it was out of your care ( I know you thought it was in the house ) and able to be used you are probably liable. As unfair as that is. So if you are liable for the payment and you didnt make it on time I doubt the defualt can be removed.

Nervous_Dave

Yes I believe that was the case in terms of the money owed.

I was just really hoping that there would be an exception on how the defaults/credit reports were treated. It's not exactly a fair reflection of credit history. But I guess if that's it then that's it.

I agree 100% about the unhelpfulness of the company, I have never encountered such a disgraceful attitude towards customer service. It was simply goading into paying the money there and then, on the phone, with no recourse to think or reflect, when I did not have the means and was the victim of theft. Money grabbing insidious behaviour at its worst. They would not even provide call records as a means of attempting to trace the culprits (which could have helped the police and help recover the cost of the calls). The corporate attitude in the face of these incidents was very clear: you are nothing but the money we can squeeze from you.

I would say never use Vodafone, but I suspect all companies are the same.