Please help

nearlysupermum · 18 March 2019 at 1:44PM

I'll try to make a long story short but it won't be easy.
In 2015 my partner took out a mobile phone contract with Vodafone, he constantly had issues with the signal and data. He was in contact with Vodafone about this, he was told by Vodafone that it must be his device. They offered him a second device and to prove it was the service at fault and not his device he took the second contract. He did indeed have the same issues and stayed in communication with them about this. After around 6 months of almost weekly communication Vodafone agreed that both contracts were not providing the service promised (breach of contract on their part) and it was agreed that both contracts would be cancelled and any early termination fees would be waived. What a brilliant outcome eh? Both devices got boxed up and put in the cupboard for if Vodafone wanted them back.
Approximately a year after this agreement, we were happily getting on with our lives, thinking nothing of it. He received a letter in the post from a debt collection agency, stating they had bought the debt off of Vodafone and now they expected payment. My partner once again contacted Vodafone to find out why he had received this letter, they stated that it was because his account had been closed down due to non payment on the second device. They had no record on this account of cancellation with waived termination fee so it had carried on generating bills. Which as both devices had been boxed and put away we had no notification of. After of discussion with them they agreed the contract should have been cancelled and the debt shouldn't have existed. They would give notice to the debt collection company. At this point my partner paid for a freedom of information request with A subject access request which ensured we had proof of both of these agreements. Once again, Brilliant.

A year or so on my partner received a letter stating the debt collection agency had secured a ccj on his credit file, we had no paperwork or notice of this occuring, we had the freedom of information request as proof just in case anything like this did happen, at least then we'd have proof the debt technically didn't even exist and therefore the debt collection agency were chasing nothing. We spoke to the court and explained all of this and were told we would have to pay a fee to get a chance to fight it. He is the sole earner in our household and we survive but we don't have any spare money left at the end of the month and certainly couldn't afford to fight in court even if we were guaranteed to win and if things somehow didn't go our way we'd be in an even bigger hole. Today he received a letter with court headings stating that a bailiff has visited our property today and will be back with police to force entry. He has once again contacted the 'court' and been told his only option is to pay. Im at my wit's end and we feel victimised by the debt collection agency and court. We have been massively wronged by Vodafone who on two occasions have agreed the debt shouldn't exist, I've considered going to the media but I'm worried that the bailiffs with speed up their process and terrify my young son.

Exodi · 18 March 2019 at 2:01PM

My 2¢:

From the courts perspective, a judgement has been granted based on the facts at the hearing and the option is to satisfy the CCJ or apply to have it set aside (£255). Courts don't change judgements on a whim.

You seem to indicate this DCA owns the debt? As they've now secured a CCJ against you, they will likely have little interest in looking into the nature and credibility of the debt. I think you're now shoe-horned into the set aside route.

There are options to be helped with the set aside fee, and you could request the DCA covers it but I think it's unlikely - I'd also query why you've never seen court papers. If you've performed a SAR with Vodafone, I'm not sure how the DCA doesn't your current address?

Separately, as Vodafone has now washed its hands of this debt, I'd escalate this within Vodafone and raise a case with the FOS as this is clearly unacceptable. Hopefully your partner has kept evidence of the discussions.

sourcrates · 18 March 2019 at 2:25PM

Hi,

Right, this is something that happens a lot with these large companies, one dept agrees one thing, then another does the opposite, Vodaphone are specialists at cocking up, they have been all over these boards with issues such as this for a very long time.

The problem you now have, is that once a judgement has been granted, however wrong in your eyes that may be, the only way to contest it is to apply to the court for a setaside, the current cost is £255.00, but, if you are on a low income, then there is help available with the fee, form EX160, see here :

https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees

You also need to fill in court form N-244 for the setaside application, available here :

https://www.gov.uk/government/publications/form-n244-application-notice

Return both forms to the court, they will write and tell you how much remmision you are entitled too, and if you wish to continue or not.

I am wondering why you did not receive any notice of intended legal action in the post, or indeed the claim form, again these are all reasons for a set aside to be granted, if you were to be successful, then it puts things back to the pre-action stage, and you would be able to submit your defense, something you were denied the first time around.

There will be no extra costs to you for any of this, just the set aside fee, i would urge you to take this route, otherwise you will be paying for something you should not be paying for.

As for vodaphone, send a written complaint to them detailing matters to date, even better, chase down the companies CEO, these are his contact details :

Vodafone UK

Mr Nick Jeffery Chief Executive Email [EMAIL="nick.jeffery@vodafone.com"]nick.jeffery@vodafone.com[/EMAIL] Telephone 01635 33251 Website https://www.vodafone.com Social Media

Postal Address :

Vodafone House, The Connection, Newbury, Berkshire, RG14 2FN

If all else fails there is a disputes resoloution service, set up by parliament, that may be able to help, vodaphone is signed up to this scheme :

https://www.cedr.com/consumer/cisas/

Good luck.

WhenIam64 · 18 March 2019 at 2:41PM

As SC says but why did the CCJ happen? Were the court papers sent to an old address or did you receive the claim and fail to respond to it?

How much is the debt, as the bailiff can't force entry unless it is a HCEO and even then there are rules

See Can a bailiff force entry?

https://www.payplan.com/advice/collection-of-debts/dealing-with-bailiffs/

I'd also be checking who is the Claimant as if the debt had been sold, Vodafone have nothing to do with it. The possible issue of selling on a non-debt to someone causes all sorts of implications though.

Edit: As an afterthought. As SC has said, mobile companies are experts at messing up their billing system and I have had occasion (Voda and O2) to take the simpler route of issuing a MCOL claim against them for their mess. If you have the paperwork and you are sure of the facts, a £25 MCOL claim for injury to your financial reputation (say £750 as a claim) tends to get someone at the mobile companies to contact you and ask why you are suing them. Results follow.

In your case, you agree to waive the claim in return for a "with consent" set aside to repair your credit record, the set-aside fee, and compensation (say £100) for the upset.

Please help

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