Nationwide and Vodafone

For the last six weeks Nationwide have been implementing system upgrades. This as left a friends Flex account in limbo. Money in the account was inaccessible and he was told continuously that there was a problem and it would be sorted. He had to borrow money for every day living expenses.

This week he was able to access his money and Nationwide offered him a £50 Tesco voucher as compensation which he should receive in 7 days or so.

About 3 weeks ago using a Vodafone app he set up 2 mobile phones to be topped up on the due date, a £20 bundle on both phones.
£400 was suddenly taken from his account on Tueday. On inquiring with Nationwide it transpired that Vodafone had taken the £400 instead of £40. On contacting Vodafone they admitted it was a mistake and would reimburse the £360 in 7 to 14 days. When he related the problem to me I suggested that this was theft and he contacted Vodafone who said it would be reimbursed in 3 days. It hasn't yet.

Going to Nationwide he asked why they had made the payment without contacting him first about an unusual withdrawal. The reply was that it was assumed the money was for a new phone. I mean I can see the point why they would think that but If it emptied the account I would be very suspicious and would query it.

Me personally would have told Vodafone it was theft and expected an immediate reimbursement or I would report it as cybercrime to the police.
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Comments

  • 18cc
    18cc Posts: 2,120 Forumite
    Nothing to do with Nationwide leave them out of it everything to do with Vodafone

    Tell your friend that if he chooses to go with Vodafone then he can expect to pay the price I have never understood why anybody would take out a contract with Vodafone when there are at least three others to choose from
  • Dobbibill
    Dobbibill Posts: 4,135 Ambassador
    First Anniversary Mortgage-free Glee! Name Dropper First Post
    If it was taken by DD he could have asked NW to do an indemnity on the payment.

    If it's taken by debit card, he needs to wait.

    This isn't theft, it's a processing error.

    Depending on the payment method, depends on the speed it can be returned.
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  • pafpcg
    pafpcg Posts: 882 Forumite
    First Anniversary Name Dropper First Post
    musketeer7 wrote: »
    Nationwide offered him a £50 Tesco voucher as compensation
    A Tesco voucher? As compensation for a Nationwide system fault? I find that surprising.
  • Vodafone
    Vodafone Posts: 4,297 Organisation Representative
    Hi musketeet7,

    Thanks for making us aware of your friend's situation.

    So we can check the status of his refund, please ask him to email us via the form here.

    To access the form he'll need to enter the code EFT195.

    Once sent, he'll receive an automated reply with a reference number. Post it on here and I'll check that it's reached us.

    Thanks,

    Lee

    Vodafone Social Media
    Official Company Representative
    I am the official company representative of Vodafone. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • ValiantSon
    ValiantSon Posts: 2,586 Forumite
    edited 6 May 2018 at 12:38PM
    musketeer7 wrote: »
    About 3 weeks ago using a Vodafone app he set up 2 mobile phones to be topped up on the due date, a £20 bundle on both phones.
    £400 was suddenly taken from his account on Tueday. On inquiring with Nationwide it transpired that Vodafone had taken the £400 instead of £40. On contacting Vodafone they admitted it was a mistake and would reimburse the £360 in 7 to 14 days. When he related the problem to me I suggested that this was theft and he contacted Vodafone who said it would be reimbursed in 3 days. It hasn't yet.

    It isn't theft. Theft is a criminal offence that has a clear definition in law. Section 1 of the Theft Act, 1968 establishes what theft is (my emphasis):
    A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and !!!8220;thief!!!8221; and !!!8220;steal!!!8221; shall be construed accordingly.

    https://www.legislation.gov.uk/ukpga/1968/60

    What you describe fails the definition on two counts: i) it was not a dishonest appropriation, but rather an error; ii) there was no attempt to permanently deprive, because they have clearly admitted their error and gave a timescale within which they intended to return the property. Their failure to return the funds within either of the notified timescales is eveidence of incompetence, and your friend has a claim against them for compensation due to error, but no grounds on which to procede with regard to theft. Of course, what your friend should actually have done is contacted Nationwide about this and disputed the transaction as it was not for the agreed and notified sum. This would invoke the Direct Debit Guarantee, for which immediate recompense would be made. (https://www.directdebit.co.uk/DirectDebitExplained/Pages/Incorrectpayments.aspx)
    musketeer7 wrote: »
    Going to Nationwide he asked why they had made the payment without contacting him first about an unusual withdrawal. The reply was that it was assumed the money was for a new phone. I mean I can see the point why they would think that but If it emptied the account I would be very suspicious and would query it.

    Nationwide paid a direct debit request on a mandate that your friend authorised. They have done nothing wrong. If an incorrect amount is debited the Direct Debit Guarantee provides the means by which that sum can be recovered. (https://www.directdebit.co.uk/DirectDebitExplained/pages/directdebitguarantee.aspx)
    musketeer7 wrote: »
    Me personally would have told Vodafone it was theft and expected an immediate reimbursement or I would report it as cybercrime to the police.

    And they would have (perhaps not to your face) peed themselves laughing. No crime has been committed and the correct course of action (dealing with a claim under the Direct Debit Guarantee) was not taken. The police would have had a good laugh as well.
  • ValiantSon
    ValiantSon Posts: 2,586 Forumite
    18cc wrote: »
    Nothing to do with Nationwide leave them out of it everything to do with Vodafone

    Wrong. Everything to do with Nationwide, as it is an error with the direct debit and they are the ones who can sort it via the Direct Debit Guarantee.
    18cc wrote: »
    Tell your friend that if he chooses to go with Vodafone then he can expect to pay the price I have never understood why anybody would take out a contract with Vodafone when there are at least three others to choose from

    Vodafone do have poor customer service when things go wrong, but they also have a good network and can be amongst the cheapest in certain circumstances.
  • musketeer7
    musketeer7 Posts: 27 Forumite
    Thank you Vodafone. He was given a sum of money as compensation and assured the overpayment will be refunded within 24 hours at a Vodafone shop.
  • Vodafone
    Vodafone Posts: 4,297 Organisation Representative
    Hi musketeer7,

    Thanks for the update.

    I'm glad to hear that your friend's concerns have been resolved.

    Kind regards,

    Lee

    Vodafone Social Media
    Official Company Representative
    I am the official company representative of Vodafone. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • musketeer7
    musketeer7 Posts: 27 Forumite
    It seems Nationwide are playing games now. Vodafone have transferred the money but Nationwide are stalling with the payment keeping it pending. On contacting Nationwide they say the money can't be released just yet.
  • musketeer7
    musketeer7 Posts: 27 Forumite
    First I ask why my quick reply today never got posted.

    Update on Vodafone, they didn't pay compensation. The Vodafone shop paid him some money from what they owed him which was deducted from the balance. They transferred the balance to Nationwide but Nationwide said it hadn't cleared, so no access to his money. The Nationwide branch said there was a glitch in the system
    and to try later. This was Friday 11th of May. Since then there has been nothing but excuses.
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