vodafone, harasment, libel, defamation breach of dsrs etc etc etc

leeroy2009

fao Vodafone rep


around 3 months ago I bought a mobile from carphone warehouse (online)


returned under 14 day cooling off period (in line with uk consumer law)




carphone warehouse fully admit I returned it in the time frame.


now lets get on to you (text removed by MSE Forum Team) - Vodafone.


since then you have.


1, sent me bill after bill for over £500 pounds
2, libel and defamed me by then passing it on to a debt collector. accusing me of owing you money
3. marked my credit files with late payment markers.
4. I have spent 2 months trying to sort this out - yet you continue to tell me to contact the carphone warehouse.
5. your silly advisor yester refused to take a formal complaint and said it had to be in writing, despite your website telling me to call the number I was speaking to your advisor on.




now lets get something straight


this contract was cancel in line with uk consumer law, I do not owe you a single penny, this is clearly a problem between you and cwh, to which I will no longer be a part of or indeed tolerate.


I deem your actions as harassment (a criminal offence) you are libelling and defaming me - you have had plenty of time to sort this matter out.


you have been warned several times in recorded phone calls about your actions.


I intend to name you and carphone warehouse as co defendants in a county court claim, as I have tried for going on 3 months to mitigate this with you yet you refuse to put a stop to your harassment, you know this alleged debt is in depute yet you still passed it on to your debt collectors, I belive you are in breach of many uk laws and consumer laws.


my only obligation in law was to return that phone to carphone warehouse within 14 days, which I did do - there is no doubt about that, I will no longer play silly games or act as your go between to the carphone warehouse


it is you Vodafone that is harassing me, it is you that sent your debt collectors onto me, it is you damaging my credit file, it is you harassing me and it is you libelling and defaming me - you have had your last chance.


I also wish to make a formal complaint about the way your advisor spoke to me, after yet and another over the hour phone call!, one of many ive had over the months pleading with you to see sense, not to mention been stuck in lengthy phone cues every damm time ive had to ring you.


you are publishing lies to the credit reference agency's - I do not owe you a single cent.


you will reply to me on here and you will sort this issue out, I am seeking damages from you as well, should you continue to mess me around then court it is - this is not a threat I already have the claim ready to submit to my local county court


but before I do that I will dpa you for all phone calls notes etc etc.


the distance selling regs are very simple to which you are bound - that phone was returned, there is now no contract I do not owe you a penny, and as above im not a go between between u and carphone warehouse, I have sent them on 2 occasions your bills and your debt collectors letter - your actions are out of order and its harassment, no £50 good will payment will cut it here either, you are now on notice and you can treat this as a notice before action in the county court, I expect someone to contact me on here in which I will provide my contact details


also as this has been over 2 months, we are officially at deadlock, you have one final opportunity to resolve this to my satisfaction (and certainly not yours), or court action and notifying your ombudsman / regulator.


its now time to get serious, you have messed about and harassed me coming on 3 months, im now taking charge of this situation and it WILL be resolved to my satisfaction.

chanz4

a forum cant be treated as formal notice, also I feel your language / abuse is one that shouldn't be on here

Silk

leeroy2009 wrote: »

my only obligation in law was to return that phone to carphone warehouse within 14 days, which I did do - there is no doubt about that, I will no longer play silly games or act as your go between to the carphone warehouse....................


the distance selling regs are very simple to which you are bound - that phone was returned, there is now no contract I do not owe you a penny,

I'm sorry to say your obligation to return the phone within 14 days is not correct.
You have 14 Days from receipt of the phone to cancel the contract.
So the important issue is when did you cancel the contract and how ?
Was the contract new or was it an upgrade which also makes a difference.

leeroy2009

the above was forwarded to Vodafone via email, im at the end of my tether with these people - it has now been made public.

leeroy2009

mr silk it was a new contract bought online, returned to a store with in 14 days of receiving item


return the phone / cancel the contract same thing.

50Twuncle

I hope that you did not send the above as it stands - because your English is appalling .....

Silk

leeroy2009 wrote: »

return the phone / cancel the contract same thing.

Clearly therein is the problem.
They are not the same I'm afraid, you took out an airtime contract with a free phone. In line with DSR's you are required to give notice to cancel the contract and the network would be obliged to cancel, even if you didn't send the phone back.

leeroy2009

50Twuncle wrote: »

I hope that you did not send the above as it stands - because your English is appalling .....

that's exactly how it was sent, they will have no trouble understanding.

leeroy2009

Silk wrote: »

Clearly therein is the problem.
They are not the same I'm afraid, you took out an airtime contract with a free phone. In line with DSR's you are required to give notice to cancel the contract and the network would be obliged to cancel, even if you didn't send the phone back.

when the phone was returned to the car phone warehouse, the contract was cancelled, car phone warehouse confirm it was cancelled with in 14 days and im at no fault, this is clearly a problem between them and Vodafone, that I have had the misfortune to be dragged into.

leeroy2009

8183499 ref number for rep

Silk

leeroy2009 wrote: »

when the phone was returned to the car phone warehouse, the contract was cancelled, car phone warehouse confirm it was cancelled with in 14 days and im at no fault, this is clearly a problem between them and Vodafone, that I have had the misfortune to be dragged into.

Whilst it was not the correct way to do it, as it was a shop and not online, do you have any documentation from CPW that it was cancelled with them?