Vodafone - Taking them to court

mobilejunkie

You can lead a horse to water BUT....

If I were the judge I'd have a LOT of sympathy with the defendant in this case....

enfield_freddy

mobilejunkie wrote: »

You can lead a horse to water BUT....

If I were the judge I'd have a LOT of sympathy with the defendant in this case....

unless he had a bad signal :j

cw212010

Forgive me for asking advice.

As I have stated before there is nothing any agent can do. This is way beyond their abilities as its the legal team I'm dealing with.

I am well aware of what post 7 states, however I'm asking HOW one would substantiate costs when in reality it has been nothing more than time and effort.

I am unaware of any court that will not consider a financial damage settlement as part of the case. Surely if this is craved by a pursuer it would be considered?

Perhaps £1000 is rather keen but I feel the stress and effort I've put into this is worth something.

I must show good financial standing so as to be free from temptation of corruption or bribery for my work.

As an example of what I'm up against, VF sent me a letter trying to resolve things, I was promised a resolution by early March. Today, having ignored repeated call back requests I recieved a letter which completely ignored the content of my complaint and whittled the whole thing into one paragraph.

The legal team agreed to investigate again as even they admit the letters content was downright shoddy and negligent.

If there's an agent on here, contact me all you wish but no one appears to have authority to do anything.

mobilejunkie

Like I said, you can lead a horse to water...

Courts reimburse ACTUAL costs - and even then not all of them. Your time and trouble isn't much of a factor; it is unlikely to impress a judge who will be more concerned with your ACTUAL costs - and time and effort isn't one.

bod1467

Now if you had a protected characteristic covered by the Equality Act 2010 and VF had taken some form of action that discriminated against you, THEN you would have a statute-supported claim for damages (minimum £500).

But as it is the best you can hope for is if the the judge agrees that VF have acted unreasonably ... in such cases the judge can award additional costs that take into account time and stress. Even then it's be nowhere near £1000 ... possibly £300 at best (all in, including provable costs).

cw212010

Hi all,

I have posted on here regarding this in the past but I'm now at a different stage.

In short - VF text me stating 10% price rise, I choose to leave, they then enforce ETF. I pull notes and calls and find repeated failures in customer service but nothing relating to ETF.

Vodafone being useless as usual have failed at every turn to communicate and return calls.

I took them to the ombudsman who suggested they compensate me a small amount for the poor customer service. They were unable to take action regarding the ETF as Vodafone have stated verbally they will do ABC however in the notes they have stated XYZ instead.

I maintain my position that I was assured the ETF removed and have call references, dates, times and names.

As a result I am not prepared to accept the Ombudsman's result - She herself stated her hands were tied.

VF are now refusing to enter into ANY dialogue with me whatsoever. My complaint code has been closed, they will not open a new one so i am unable to send any letters to them or discuss the account. Even if I wanted to pay the ETF I couldn't!

Can anyone suggest what to do at this stage?

I would very much enjoy taking them to court, but I'm not sure exactly what I'd be doing. I've acted in court as a party litigant before, but in a family matter.

Any advice at this stage appreciated.

mobilejunkie

They haven't had a price increase in at least a year. The new charges relate to special numbers and unless they would increase your costs by more than a certain percentage you have no grounds for cancelling. Once you've gone to the Ombudsman it's game over once the decision is made - unless you really do want to sue. I almost definitely wouldn't - I only do that when I know I am highly likely to win.

cw212010

Well it's either that or I've got a default on my file for 5 years. Vodafone have stated several times on calls that they would remove the ETF. So whether or not I'm right or wrong, they've still said numerous times they'd do it so I'm asking them to take responsibility.

The price increase was greater than 10% for out of bundle usage. VF gave me the opportunity to cancel which I did. This was backed up by my partner who was a VF employee. This relates to the increase last year.

ConsumerGuy0016

cw212010 wrote: »

Well it's either that or I've got a default on my file for 5 years. Vodafone have stated several times on calls that they would remove the ETF. So whether or not I'm right or wrong, they've still said numerous times they'd do it so I'm asking them to take responsibility.

The price increase was greater than 10% for out of bundle usage. VF gave me the opportunity to cancel which I did. This was backed up by my partner who was a VF employee. This relates to the increase last year.

Just file an MCOL and go from there. In my personal experience, they will settle before it gets to court. They'll try and haggle, but ultimately you'll meet them at a favourable settlement.

Silk

cw212010 wrote: »

I maintain my position that I was assured the ETF removed and have call references, dates, times and names.

The first thing to do is perform a SAR and ask for transcripts of those phone calls.
Fill the form in and give the dates, times and names.
There will be a £10 charge but it will be money well spent.
Use the transcripts to prove your case through the courts, needless to say if you have enough detail and they claim to be unable to provide them it will be frowned upon by the courts anyway.