Taking Court Action Against Vodafone - Remove Default Notice

[AbbieA]

Re: Taking Court Action Against Vodafone - Remove Default Notice

I wonder if some " publicity" via an appeal to one of the national newspapers consumer journalists would help. VF despite all their statements on how well they have improved their customer " care it still has massive problems.
nem

This sounds like a good idea but would it affect my chances taking them to court? I really just want the default notice to be removed and for this to be over now.

I have spoken with the ICO who have said it can take up to 30 days to investigate, they are still looking into it and will get back to me. I am also going to book some time off work to present my case to the CAB and see what they think.

Should I also be looking at legal advice? Maybe on a no win no fee basis? Surely there should be solicitors jumping over themselves to look at this, it looks like an easy win and I've already gathered all I need and issued the pre advice protocol letter

[nemesis45]

Re: Taking Court Action Against Vodafone - Remove Default Notice

Yes I have made several, and I have evidence of all of them and all my requests for information up until I my DPA request. They have repeatedly said they have found no evidence of fraud due to their being 'normal usage to UK mobiles and landlines' on the account and they don't believe the handset would be used by fraudsters because it had already been out for a year. This is despite them blocking the account on several occasions due to high usage in Spain and Portugal and spending over £100 in a day calling overseas numbers (which I wouldn't have known without the dpa request because they refused to give me any info).

I wonder if some " publicity" via an appeal to one of the national newspapers consumer journalists would help. VF despite all their statements on how well they have improved their customer " care it still has massive problems.
nem

[AbbieA]

Re: Taking Court Action Against Vodafone - Remove Default Notice

Hello Abbie,

The ICO will take some time to fully investigate the case but it is worth " prompting them from time to time.

Have you in the past made a Formal Complaint to Vodafone?

nem

Yes I have made several, and I have evidence of all of them and all my requests for information up until I my DPA request. They have repeatedly said they have found no evidence of fraud due to their being 'normal usage to UK mobiles and landlines' on the account and they don't believe the handset would be used by fraudsters because it had already been out for a year. This is despite them blocking the account on several occasions due to high usage in Spain and Portugal and spending over £100 in a day calling overseas numbers (which I wouldn't have known without the dpa request because they refused to give me any info).

[nemesis45]

Re: Taking Court Action Against Vodafone - Remove Default Notice

Hi Guys,

Sorry if this is in the wrong place but this is my first post on the forum, moderators feel free to move if necessary.

I am in the middle of a long battle with Vodafone over a fraudulent account set up in my name back in 2014. This was discovered in July 2015 and immediately reported to the Police and ActionFraud who provided a crime reference number. It was also reported to my bank who, having conducted an investigation, determined that the signature used to set up the Direct Debit Instruction was fraudulent. As a result of this, the bank recovered all monies paid to Vodafone.

Since then, Vodafone have not accepted that this account was created fraudulently and have continued to send correspondence to an unknown to me address provided by the fraudsters when they created the account. They have also applied default notices to my credit record and have refused to remove them. I have made repeated requests asking them to supply me with details of any fraud investigation conducted, the identification documents and proof of address given when the account was opened and all other information pertinent to the fraud investigation and I have numerous email responses where they have refused to supply me with these.

In 30/10/16 I sent a letter to Vodafone by recorded delivery advising that I plan on pursuing them through the Consumer Ombudsman and will take legal action if necessary, if they refuse to remove the default notices from my credit score. They confirmed receipt of the letter but refused to remove the default notices or provide me with the information I requested. As a result I contacted the consumer ombudsman who stated that, having previously investigated the account when I was still gathering evidence and subsequently closed their investigation, will no longer investigate.

On 12/12/16 I made a request for information under the provisions of the Data Protection Act 1998 and obtained documents relating to the account. This was supplied on the 23rd of January and showed that Vodafone had been told by my bank that the Direct Debit Instruction contained a fraudulent signature and that the account had been referred to their internal Fraud team numerous times. It also has all my correspondence and repeated requests for further information but specifically does not include details of the fraud investigation or the identification documents and proof of address used to open the account.

As a result of this I feel I am now left with no option but to pursue Vodafone through a smalls claim court (?) to get them to remove the default notice. I have sent a Pre Action Protocol stating my intent. In my Basis of Claim I assert that Vodafone have been negligent in allowing this contract to be opened with insufficient documentation and have incorrectly applied a debt and default notices to my name/credit score. I further assert that the fraud investigation carried out by Vodafone has been insufficient. I can and have provided evidence to back up these claims.

So in summary, it’s a horrible situation that has caused me untold stress for nearly 2 years. Vodafone have yet to respond to my Pre Action Protocol letter and have until next week to do so (within the 28 days). I am preparing my next steps either way but wish I had posted on here sooner as I need advice on the following:

Can a small claim court force a company to remove a default notice?
Should I be pursuing Vodafone for damages?
Is there any way to get the Ombudsman to re-investigate now that I have all the evidence I need?

Any help appreciated guys!
Thanks, Abbie!

Hello Abbie,

The ICO will take some time to fully investigate the case but it is worth " prompting them from time to time.

Have you in the past made a Formal Complaint to Vodafone?

nem

[AbbieA]

Re: Taking Court Action Against Vodafone - Remove Default Notice

Further information:

I initially contacted the financial ombudsman who referred me to the consumer ombudsman. They concluded that it was out of their "terms of reference". Not sure what they mean by that, this is their actual response:

On checking our records we found that we had set up a case for you in July 2016 regarding the same issue with Vodafone. At this time you were informed that the Ombudsman had made the decision that we were unable to investigate the complaint due to being outside our terms of reference. As this decision was made at this time we are still unable to investigate the case.




I also contacted the ICO in early February and was told they would look into it, but have yet to receive a response other than their initial acknowledgement. I'll chase them up tomorrow. For information, my correspondence with the ICO:

I am writing with regards to an ongoing dispute with Vodafone Limited and would like to request the ICO’s assistance with the following:

Recovery of personal details from Vodafone that were obtained by criminals and used to set up a fraudulent account in my name;

Instructing Vodafone to remove the default notices associated with this fraudulent account from my credit file.

I am concerned that Vodafone:

is not keeping my information secure and has been sending correspondence to an address used by fraudsters;

holds information about me that is inaccurate, i.e. debt and default credit notices;

refuses to provide me with information pertinent to a fraud investigation.

I have attached the following documents:

Completed Information Handling Form
Letter sent by myself to Vodafone formally requesting that they provide me with details of the fraud investigation and the identification documents and proof of address used to open the account remove the default notices and that they remove the default notices from my credit file;

Vodafone’s records of all my correspondence with them obtained under the provisions of the Data Protection Act 1998.