Taking Court Action Against Vodafone - Remove Default Notice

[R0b]

Re: Taking Court Action Against Vodafone - Remove Default Notice

Hi Abbie,

I think you would need to set out more background information than that so the ICO has sufficient information to go to Vodafone. I would suggest you break it up into sections as suggested below but you don't have to if you just want to send what you've drafted above though I except the ICO to come back asking for further information which could delay things a bit further - your choice however.

The Issue
- This is what you want the ICO to consider i.e. whether it is likely or not that Vodafone are in breach of Principal 4 of the DPA 1998.

Background
- provide some background to the reason why the assessment is needed. You don't need to go into every bit of detail but explain what has happened and also any key facts the ICO should be aware of. This is where you also apply your evidence and inconsistencies against what vodafone has said.

Evidence enclosed
You should highlight the evidence that you are enclosing with the letter (or email) so that they know what your relying on as part of the assessment. In addition to the above points I made, you should also include nay relevant notes from your SAR request and also the correspondence from Vodafone's legal team and also the bank.

Conclusion
- add a conclusion is you wish but isn't necessary.

Add a few lines as the end by saying something like, please could you confirm receipt of this email / letter and let me know how long you expect the investigation to take. I look forward to hearing from you.

Sincerely,

name

[AbbieA]

Re: Taking Court Action Against Vodafone - Remove Default Notice

Morning Rob, thanks for your help!

I have drafted this in response to the last email I received from the ICO:


Dear *******
I am formally requesting that you investigate Case Reference Number ******* in accordance with section 42 of the Data Protection Act 1998. I am doing this on the basis that I have further information that warrants the ICO considering circumstances left out from the initial correspondence.

Whilst Vodafone have not admitted directly that my account has been potentially a fraudulent one, I feel I have gathered enough evidence to show that the default should not have been applied to my credit score and should have been removed when Vodafone were made aware of the situation in 2015, pending a proper investigation being carried out. I am basing this on the following points:

1. The Police conducted an investigation and determined that this account was set up fraudulently. For this I have a crime reference number that has been supplied to Vodafone.
2. My bank conducted their own investigation verifying that the direct debit mandate contained a fraudulent signature and have informed Vodafone of this.
3. Vodafone were well aware of this type of scam happening since around 2014 (as per the action fraud website) and the facts surrounding this account matches the scam that took place.
4. Vodafone have been unable to supply any evidence of the contract despite persistent requests.
5. Vodafone have also failed to supply me with proof of default in the form of a default notice, statement of account and notice of assignment despite persistent requests.
6. Vodafone have now admitted that the account is linked to an ongoing fraud investigation, but have only done this in response to an email I sent to the company CEO Nick Jeffery.
7. I've never had a Vodafone account prior to this one being set up. I can prove I already had a contract with another mobile provider.
8. The Vodafone account notes I obtained show that there was high spend in one day of over £100 in Portugal on the said dates however, I was not in Portugal at that time.
9. There are several inconsistencies in the Vodafone account notes provided. Despite 4 fraud investigations concluding that no fraud was found and siting ‘normal usage on the account, normal calls to UK landlines and mobiles’ the account notes clearly show that this account was referred to Vodafones internal fraud team several times due to high usage in Europe and calls overseas.

Taking all of the above into account, it is my view that it is more likely than not that Vodafone should not have recorded the default and/or removed it upon being made aware of the circumstances surrounding this case. Their letter from the legal team indirectly suggests that they are aware of the mobile phone scam and that I am potentially one of those victims, otherwise they would not have referred to the Met Police's investigation.

The ICO has an obligation to investigate and make a finding based on the evidence submitted and after hearing both sides.

[R0b]

Re: Taking Court Action Against Vodafone - Remove Default Notice

Abbie,

If you want the ICO to do anything, you can make what is known as a section 42 assessment. This is a legal right under the Data Protection Act in which the ICO must investigate whether it is more or less likely that Vodafone is complying with the law.

You would need to specify that the letter is being sent in accordance with section 42 of the DPA and you wish the ICO to consider your circumstances.

Whilst Vodafone have not admitted directly that your account has been potentially a fraudulent one, you should use every piece of evidence and or argument to pick apart anything contained in your notes from your SAR request and also anything else you feel is inconsistent. For example:

1. You can refer to the banks letter about verifying that the direct debit mandate was a fraudulent signature.
2. That Vodafone were well aware of this type of scam happening since around 2014 (as per the action fraud website) and the facts surrounding this account matches the scam that took place.
3. You have repeatedly asked for evidence of the contract which was signed supposed by you but they have not provided anything to date.
4. You've never had a Vodafone account prior to this one being set up. If you already had an a contract with another mobile provider that could be used as further evidence that you did not open it as it was not needed.
5. Your Vodafone account shows notes that there was high spend in one day of over £100 in Portugal on the said dates however, you were not in Portugal at that time. Any evidence would help with this.
6. Add any other evidence or explanation you feel is relevant.

You might also want to refer to the ICO's own guidance at page 16 'unresolved disputes' (click here) which discusses unresolved disputes and that in this case, they should not have applied the default or at least removed it until a proper investigation has been carried out. Taken all of the above into account, my view is that it is more likely than not that Vodafone should not have recorded the default and/or removed it upon being made aware of the circumstances surrounding your case. Their letter from the legal team in my opinion indirectly suggests that they are aware of the mobile phone scam and that you are potentially one of those victims, otherwise they would not have referred to the Met Police's investigation.

The ICO has an obligation to investigate and make a finding based on the evidence submitted and after hearing both sides.

[AbbieA]

Re: Taking Court Action Against Vodafone - Remove Default Notice

Yeah I imagine its the same scammers with a similar scam, especially as the first article mentions Sheffield which is where I went Uni. I wonder how many other people are in the same boat as me? Would also be interesting to see how other mobile phone companies have handled this.

[AbbieA]

Re: Taking Court Action Against Vodafone - Remove Default Notice

They mean the account, the previous sentence confirms the account no. The full letter is posted on this thread.

[Amethyst]

Re: Taking Court Action Against Vodafone - Remove Default Notice

You're not on your own Abbie by the looks of it and seems it's only vodafone being arses.

https://twitter.com/jmvmills/status/601665808889184257

@VodafoneUK why does Vodafone send debt agents after victims of "Operation Rosewood" phone scam, when other operators offer help & support.

You've got a crime ref haven't you - can you contact the police and ask if there's any progress ? ( I have sod all idea how these things work, except that they take forever )

It doesn't sound like it is the right operation though for your case ??
http://thebadgeronline.com/2014/11/p...gets-students/
https://www.choose.co.uk/news/mobile...-students.html
http://www.thegryphon.co.uk/2014/10/...m-phone-fraud/

[EXC]

Re: Taking Court Action Against Vodafone - Remove Default Notice

'... We have been notified by Metropolitan Police Mobile Phone Crime this is part of a larger criminal investigation called Operation Rosewood... This account will therefore be left cancelled and collectable...'

What exactly is the 'this' they were referring to? Can you post up the preceding text?

[AbbieA]

Re: Taking Court Action Against Vodafone - Remove Default Notice

Hi Guys,

No I haven't made a formal complaint to the ICO, but that seems to be worthwhile having read the text you highlighted. The last I heard from them they were investigating but I believe this was before I got the letter from the UK Legal Team. I will chase them up today, quoting the highlighted text and will send them the image of the letter I posted.

I don't have anything in writing from Vodafone stating that the account was set up fraudulently. Until I made the DPA request they flatly denied any hint of fraud on the account and though the information I obtained contradicted this they never actually acknowledged what was stated in their own notes. The only actual admission of any link to fraud that has been communicated to me is in the letter from the UK Legal Team:

'... We have been notified by Metropolitan Police Mobile Phone Crime this is part of a larger criminal investigation called Operation Rosewood... This account will therefore be left cancelled and collectable...'

Is this enough to pursue through the ICO?

[EXC]

Re: Taking Court Action Against Vodafone - Remove Default Notice

Abbie - did you make any complaint to the ICO ?

Abbie posted this in March but not sure if a formal complaint was made.

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.

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.

[Amethyst]

Re: Taking Court Action Against Vodafone - Remove Default Notice

Abbie - did you make any complaint to the ICO ? and do you have anything in writing from Vodafone accepting the account was set up fraudulently ?

[AbbieA]

Re: Taking Court Action Against Vodafone - Remove Default Notice

The complaint is not resolved.

Lee, I replied to your email on Friday and your email this morning. Still not been given a timescale as to when you will have looked in to this account?

[warwick65]

Re: Taking Court Action Against Vodafone - Remove Default Notice

You could say complaint resolved to OPs satisfaction????????/

I don't think Lee should tell us anything, it really would be up to the OP to tell us.

The forum has provided a contact for the op and Lee along with various opinions as to what the OP's options are

I am not defending vodafone- god knows my OH was lied to by vodafone and talkmobile so many times it was untrue but it was sorted after I told them I had a recording of the calls :-) Funny that isn't it.

[wales01man]

Re: Taking Court Action Against Vodafone - Remove Default Notice

Hi Abbie,

I replied to your email on Friday,

If it's not in your inbox, check your spam or junk folder.



Hi Amethyst,

I'm unable to discuss Abbie's complaint publicly.

As with any complaint handled via forums such as LB, I'm happy for updates to be provided by the customer.

Kind regards,

Lee

Vodafone Social Media

You could say complaint resolved to OPs satisfaction????????/

[EXC]

Re: Taking Court Action Against Vodafone - Remove Default Notice

Hi Amethyst,

I'm unable to discuss Abbie's complaint publicly.

I understand that but to be fair the question wasn't about Abbie's complaint but the criminal case?

[Amethyst]

Re: Taking Court Action Against Vodafone - Remove Default Notice

Thanks for checking in Lee xxx