Vodafone debt

mobile_user

Hello,

OK was wondering if anyone can provide some advice please.

About 3 years ago I upgraded out a iphone contract with Vodafone. Happy with the contract and phone. On the way out of the shop after picking up the phone the sales assistant said "would you like a spare sim for friends or family?" I was a bit dubious but took the sim.

At no stage did i sign for the sim or agree to anything for the sim I just accepted the sim and walked through the door.

Turns out the sim was a 30 day rolling contract at £15.50 per month!

I realised this about 18months after the event, I know should always chcek bank account. But i have quite a few direct debits coming out of my account and I just thought Vodafone made a mistake etc.

Anyway contacted Vodafone and it turns out that the number has never been used, no calls were ever made from it and no one has ever called it - not surprising since i never used it. I don't even know where the sim is nor did i know the number. The person i spoke to on the phone asked if I wanted to cancel the number and I said yes, they also offered me a refund for 3 months which i refused. They also said why didn't i cancel the direct debit? I said i thought the companies cancelled them - anyway i contacted my bank and instructed them to cancel the direct debit and I also asked them for a direct debit indemnity to retrieve back the money I paid them.

So now Capquest have obviously brought the debt from Vodafone and have been in contact trying to recover the debt.

Now what can i do short of paying off capquest for a debt I don't think i owe. I am willing to go to the small claims court and I've not seen any paperwork like my signature for the SIM.

Any advice gratefully received guys.

[Deleted User]

If you have not already done so then contact the debt collection agency with all the details ASAP. From experience of address hijack I had to deal with one and found them helpful once all the facts are explained to them but they may have changed tactics.


As you describe it Vodafone have pulled a "fast one" on you and you could easily have considered the sim given to you as a free PAYG sim. Certainly any costs should have been explained to you as your original transaction was finished and you were leaving the premises.


I would have thought that the sim constituted an additional contract if they were going to take the money out of your bank account and that you would have had to sign some paperwork.


Small claims court is the answer to get your money back on something that you never ordered in the first place as presumably there is no paperwork on the sim and no contract was signed or exchanged. They could hardly claim that your acceptance of the sim would constitute a contract without explaining that at the time.

mobile_user

To follow up,

Apparently the contract is still active after they said to close it.

Vodafone refused to discuss any of the details without full payment of the debt.

I have contacted the debt collection company and paid them in full so that I can at least progress things with Vodafone.

I will now seek compensation for the money I've paid them to try and recover something but I expect that will amount to nothing

[Deleted User]

Good luck with your action.
I know it's a pain checking your bank account regularly but it pays dividends in the long run as you then keep right on top of your finances.
Once you get into the habit it's much easier to do and I check my account every week. That way if anything odd shows up then I can take action immediately.

mobile_user

Vodafone has offered to refund 6 months line rental. I'm currently waiting for the Proof of Purchase or any documentary evidence to show that I actually signed or agreed to this contract.

grumbler

mobile_user wrote: »

...
So now Capquest have obviously brought the debt from Vodafone

The word pedants’ top 10

Buzby

Have you checked your credit file?

You'll probably find you have been defaulted, and for many this is a bigger issue for them down the line than not checking your bank statements regularly.

Zebrdee

grumbler wrote: »

The word pedants’ top 10

Martin needs to rethink number two.
http://blog.oxforddictionaries.com/2013/08/literally/

mobile_user

Not checked my credit file as I've paid the debt I "assume" there would be nothing.

If they cannot provide a proof of purchase I will contact Vodafone again to get the entire amount refunded, if not then I will have to seek legal advice then the small claims court

grumbler

mobile_user wrote: »

Not checked my credit file as I've paid the debt I "assume" there would be nothing.

A dangerous assumption as it took you 18 months to pay it.

If they cannot provide a proof of purchase I will contact Vodafone again to get the entire amount refunded, if not then I will have to seek legal advice then the small claims court

I think Vodafone don't have a leg to stand on even without legal advice. Any contract from a shop has to be signed. And luckily the sim has never been used that could have been used as an indirect proof of your acceptance of the contract otherwise.

mobilejunkie

To potentially save a lot of time and grief, I would contact the Web Relations Team; they are the only people interested in doing anything for their much-aggrieved customers as opposed to making things worse. Send an email via their website with the heading "WRT135" - see the HUGE Vodafone complaints thread.

Your credit file is almost certainly a problem - and only Vodafone could rectify that. I applaud you for paying it off despite the unjustness - but you did need to limit the damage. Hopefully the Web Relations Team will help sort it all out to avoid any court proceedings.