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Vodafone complaint to Ombudsman - Help Needed please

Timeline

18.09.15 – I attended the Vodafone shop in Telford town center and inquired about getting a mobile phone and mobile broadband. I filled in an application form with my new address in Telford of xxxxxxxxxxxxxxxxx. I spoke to the person and explained that I had only lived there a few days as I had just sold my house in Dover and completed and I had a Virgin phone but the reception was appalling and I needed a phone with better reception. The assistant asked where I was registered and I gave him the address in Dover of xxxxxxxxxxxxxxxxxxx. He said it was Vodafone policy to use the old address if the person had not been living at the new address very long as it was needed for Credit Checks. He ripped up the application form and re-completed it for me with the old address. I signed the form and asked what I was supposed to do because it wasn’t my current address. He stated not to worry and gave me a number to call the following day to correct the address. I was with another adult who heard the conversation and has provided a witness statement collaborating what I have said.

19.09.15 – I called Vodafone on the number given at 09:30 and spoke to a lady who took my details after I had explained that the address was not the correct one and that I needed it changing to the correct one. She said I would receive an email shortly to say the details had been updated.

19.09.15 – At 10:14 I received an email from Vodafone thanking me for registering with them.

19.09.15 – At 10:14 I received an email from Vodafone thanking me to registering with them.

19.09.15 – At 10:16 I received an email from Vodafone regarding setting up my direct debit.

19.09.15 – At 10:33 I received an email saying “This is to confirm that your account details have been updated. If you didn’t make any changes please call us.” I believed this was my address being changed.

19.09.15 – At 10:53 and 12:06 I received emails blocking over 18 content from the phone.

21.09.15 – At 18:06 and 18:09 I received emails showing my packages for the two products.
Aprox. 14/10/15 – I called Vodafone regarding a large increase in Data usage. I wanted to query the use and find out what was going on. I was told to wait for the bill and then query it but that the cost was about £250.
I called Vodafone back shortly afterwards and asked to cancel my contract. I had spoken to Sky on the phone and decided that moving to unlimited internet was better value than being with Vodafone. I said that I understood there would need to be a bill and that the internet was under dispute as I did not believe we had used the data it said. The representative stated that she would cancel my services and that I would get an email showing the changes once it happened in about 30 days’ time. I said I would leave my DD running to cover the bill but that I was disputing the data use and cost. I asked for someone to contact me to deal with the dispute.

21.11.15 – 11:49 I received an email saying “This is to confirm that your account details have been updated. If you didn’t make any changes please call us.” I believed this was my contract ending.

11.12.15 – I moved house to xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx.

04.08.16 – I applied for a mortgage and was refused due to adverse credit history with Vodafone.

05.08.16 – I found a default notice on my account from Vodafone.

05.08.16 – I called Vodafone, I spoke to an assistant and paid the money. I asked for the default to be removed. She said it would be removed.
For the next few weeks several calls to and from Vodafone occurred. I was left under the impression that a full investigation would occur and the default removed. I was to await a call back.

21.01.17 – I applied for a mortgage and was refused again. I can get a mortgage but not without paying an extra £300 per month and upfront fees of £1500.

22.01.17 – A check of my credit file shows the default – still outstanding and not paid or satisfied.

25.01.17 – I called Vodafone and put in an official complaint.
Several more calls back and forth and again I asked for a full investigation, including the fact that I was still disputing the costs at the beginning of the contract.

21.04.17 – Letter received from Vodafone asking me to call them.

25.04.17 – Called Vodafone – they refused to remove the default and refused to provide any paperwork such as contract, default notice etc unless I provided a cheque for £10. I stated I do not have a cheque book is there any other means of paying. To which they said check your friends and see if they have a cheque they can give you. Also stated to go ahead and contact Ombudsman.

25.04.17 Complaint raised with Ombudsman.

Questions:
1. What do I need to provide to the Ombudsman?
2. Were they correct in using an address I no longer lived at in the first place?
3. What happens now? Can I get the default removed?
4. Is there anyone in Vodafone I can try writing to as this is delaying my house purchase?
5. Vodafone are suggesting it is my fault, and therefore the default is valid, I don’t really see what else I could have done, if I can get the Ombudsman to say it is Vodafone’s mistake can I look to get the extra money I am having to pay back in Small claims court?
6. Can I do the court stuff at the same time as the complaint?

I just need to add in here that I am disabled – this is not an excuse however one of the effects of my disability is that time moves differently for me. A good example is I cannot judge how long it has been between items, so for example I went bowling in October last year but for me that only feels like a few days ago. That is why there were big gaps between contacts because for me it had not been very long and they had asked for 4 weeks to look into it. I next remembered about it in January after I tried to get a mortgage. It was only then I realised how long I had been waiting for. I also don't post on here a lot although I do read other peoples post lots!

Red

Comments

  • mije1983
    mije1983 Posts: 3,665 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Name Dropper
    Back in October 2015, did you pay what you owed? Even without the disputed £250, you would still owe money for the contract period between 18/9 and 14/11 (I imagine you had to give 30 days notice to cancel).

    If you didn't pay it, the default is correct and is unlikely to be removed even though the debt is now paid.

    Do you have the confirmation that the account was cancelled?

    Regarding the SAR, you can also send a postal order for £10 if you don't have a cheque book.

    Also may be worth contacting the WRT. Details in post 1
  • mIJE1983 - I set up a direct debit to pay to bills and left this running. I was not aware that it had failed to pay because the address was wrong on the account until August. I then paid immediately and asked for the amount to be looked into. The direct debit should have been a maximum of £61. That is two months worth of payments. I paid £241 in August to cover the costs and again asked for it to be disputed. I had no way of knowing that the direct debit was not paid - I received no communications from Vodafone at all - not even an email to say there was a problem.

    Red
  • mije1983
    mije1983 Posts: 3,665 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Name Dropper
    So why did the direct debit not pay the outstanding amount correctly? What have your bank said about it? Was it their error, yours, or Vodafones?

    It is usually the responsibility of the consumer to make sure they pay any monies owed. Did you not notice that there was no payment made to Vodafone on your statements? Or was there a payment, it just wasn't enough to pay the bill?

    I assume Vodafone have refused to remove the default becuase it is correct? What has been their reply about the other parts of your complaint?

    The online complaint form for the Ombudsman will guide you through the process and what you need to provide if you decide to go that route.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    . I had no way of knowing that the direct debit was not paid
    You don't look at your bank statements?

    Of course you had ways of knowing that the DD failed.
  • Wow, I came on here looking for advice and help.

    The bank refused the direct debit because the address the direct debit was issue in was not where my bank was registered to. It was my old address. Vodafone were aware of this - they set the account up in an address I didn't live at when I purchased the pone. I didn't check my bank accounts very often back then no, I am sorry I didn't realise it was such a problem not to. I do now after virgin continued to take payments for months after I cancelled - they had forgotten to cancel the direct debit.

    I always set up direct debits or standing orders to ensure people get paid. This is the only thing on my credit file in over 10 years. No missed payments no late payment no nothing! I was in the middle of a very stressful break up from someone who was not very nice and in the space of 4 months I moved 4 times. I didn't check because I believed it was all working fine. Stupid I know but you live and you learn and to be honest I was asking for advice not "it's all your fault, so tough luck".

    I have tried the web page and I have the following reference : WRT135[#15875052].

    Also to add to this post, I managed to recover some mail from my old address in August which included one letter from Vodafone - A letter only no default notice, no final bill, nothing like that was every sent to the old address. I also filed a complaint with Royal Mail at that time as my post from the old address had been handed to my Ex mother who knew the postman and had be kept by her until I challenged her in August.

    I am looking for any ideas or suggests - I know it was stupid to believe everything would be OK but at the time I didn't think anything of it. All my other accounts were being paid fine and updated to the new address fine.
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    I didn't check my bank accounts very often back then no, I am sorry I didn't realise it was such a problem not to.
    Therein lies your problem I'm afraid.
  • mije1983
    mije1983 Posts: 3,665 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Name Dropper
    Wow, I came on here looking for advice and help.

    There isn't much advice to give you barring what has already been given. Unfortunately from what you have said the default is correct, you didn't pay the bill so you owed the money, so it won't be removed.

    The bank refused the direct debit because the address the direct debit was issue in was not where my bank was registered to. It was my old address.

    That seems a strange reason for a bank not to pay a direct debit. There must be thousands of people around the country who pay a bill for an account registered at a different address to their bank account. The main group that springs to mind are students, but also people with second homes etc.

    I didn't check my bank accounts very often back then no, I am sorry I didn't realise it was such a problem not to. I do now......

    Yes it is a big problem (as you have found out), but the silver lining is you do check now so that will eliminate any future problems for you.

    I have tried the web page and I have the following reference : WRT135[#15875052].

    Good. Hopefully one of the WRT will pick it up and look into it, but as I said, the default looks correct and even the WRT can't work miracles.

    Also to add to this post, I managed to recover some mail from my old address in August which included one letter from Vodafone - A letter only no default notice, no final bill, nothing like that was every sent to the old address. I also filed a complaint with Royal Mail at that time as my post from the old address had been handed to my Ex mother who knew the postman and had be kept by her until I challenged her in August.

    You say 'some' mail, so is it possible that you were sent additional post that you haven't managed to recover? Either way, I don't believe mobile phone networks are governed by the same rules as banks etc, so do not have to send a letter before they issue a default.

    Also, don't let the Royal Mail issue cloud the situation. That's nothing to do with the Vodafone problem and they will likely not care about it either.

    I am looking for any ideas or suggests -

    As I said above, the WRT are your last port of call before the Ombudsman. However, at the risk of sounding like a broken record, if the default is correct it won't be removed and you will have to pay the extra for your mortgage.

    There really isn't anything else to suggest over what already has been, and no magic silver bullet to solve the issue.
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