Taking Court Action Against Vodafone - Remove Default Notice

[Vodafone Company Rep]

Re: Taking Court Action Against Vodafone - Remove Default Notice

Hi Lee,

Do you know when I am likely to hear back from you regarding this?

Hi Abbie,

I replied to your email on Friday,

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

@Lee Vodafone Company Rep;

Is there any news on the criminal case in which Abbie's account is involved ?

Even without the criminal case this account should be written off and the default removed from her credit file. Vodafone seem to have plenty of evidence that the account was fraudulent and it is entirely unfair that Abbie's credit file is destroyed through no fault of her own, having goodness only knows what kind of consequences on the rest of her financial situation. https://www.theguardian.com/money/20...-hsbc-pc-world // http://www.hardwicke.co.uk/insights/...urkin-decision ,for example.




Also http://legalbeagles.info/forums/show...413-30-10-2014

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

[R0b]

Re: Taking Court Action Against Vodafone - Remove Default Notice

Issuing court proceedings should always be the last resort in my view, and the OP should be made aware of any cost risks to them if/when they decide to take your advice.

Di

Of course court proceedings is a last resort, but where do you draw the line? The matter has been ongoing for 2 years to no avail, it sounds like every Tom, Dick and Harry has looked into her account right up to the top of the chain. You also have Vodafone's legal department who have written to her boldly stating that the default will remain on the account until at least criminal proceedings have concluded when in fact it ought to be the other way around. I think it is therefore fair to say that things have come to a stalemate and therefore in order to remove the default and/or claim damages, proceedings is now the only route.

Amethyst has helpfully highlighted text from the ICO's guidance which could assist the OP in perhaps removing the default but won't entitle her to claim compensation for any loss or damage as a result of the breach.

The OP has not yet suggested she wants to go down the proceedings route yet so until that time comes there is no need to go into any detail on that, though the claim would more than likely end up on the small claims track so the costs/risks are minimal.

If the OP wishes to simply remove the default, the ICO may provide some sway in doing this by ordering Vodafone to remove it (if they agree with her position) but if she rather hold Vodafone to account, then legal proceedings should be the next step.

[Diana M]

Re: Taking Court Action Against Vodafone - Remove Default Notice

I stand by my previous post in that it is unlikely this matter is going to be resolved unless court proceedings are issued against them.

. . . it would be plausible that given this has taken over two years and Vodafone have only now appear to have accepted the account may be fraudulent, a minimum of £750 but possibly up to a couple of thousand should she choose to claim that much.

Issuing court proceedings should always be the last resort in my view, and the OP should be made aware of any cost risks to them if/when they decide to take your advice.

Di

[Amethyst]

Re: Taking Court Action Against Vodafone - Remove Default Notice

ICO

However, if a lender has acknowledged that an entry on your credit file relates to a fraudulently operated account, but refused to remove the entry we may be able to look into a complaint about the fairness and relevance of this entry remaining. If you are able to provide us with evidence from the lender(s) concerned demonstrating that they have acknowledged the account was operated fraudulently but have failed or refused to remove the corresponding entries from your credit file you may wish to report your concerns to us. Each of the CRAs also has their own Victim of Fraud Teams who work together to help resolve issues which relate to fraudulent activity. The CRAs have a special agreement in place which enables them to share information with each other about victims of fraud. This means that once you have notified one of the CRAs that you have been the victim of fraud you should not need to notify the other two. They will do this for you.

( sorry not sure if you have tried the ICO )

[wales01man]

Re: Taking Court Action Against Vodafone - Remove Default Notice

It wasn't an excuse it was an explanation

Diana M

Agreed but poor service none the less from a company this large the OP deserves better from LEE not the usual will get back to you all the info must be readily available to Vodaphone

[EXC]

Re: Taking Court Action Against Vodafone - Remove Default Notice

I must agree with R0b in that the OP stands a better chance of a resolution with VF's legal department than with their 'customer services'.

Vodafone are atrocious at the best of times and if I recall have been named worst for customer service in the past couple of years

If I was CEO of any company that managed to acheive the lowest possible Trust Pilot rating, the entire customer services management would be out on their ear in a heartbeat.

[R0b]

Re: Taking Court Action Against Vodafone - Remove Default Notice

I stand by my previous post in that it is unlikely this matter is going to be resolved unless court proceedings are issued against them. It is then that they will have to actually do something about it, though I am not sure what defence they will have if they have knowledge that there is doubt as to the accounts authenticity.

Vodafone are atrocious at the best of times and if I recall have been named worst for customer service in the past couple of years, and this doesn't seem to be any exception. I doubt the OP would get damages near the same outlined in Durkin but it would be plausible that given this has taken over two years and Vodafone have only now appear to have accepted the account may be fraudulent, a minimum of £750 but possibly up to a couple of thousand should she choose to claim that much.

The ball really is in the OP's court especially if it is true that the matter was first raised with Lee in March and we are now 6 months on.

[Diana M]

Re: Taking Court Action Against Vodafone - Remove Default Notice

With respect to DIANA M LB doesn't make excuses for large companies

It wasn't an excuse it was an explanation

Diana M

[Amethyst]

Re: Taking Court Action Against Vodafone - Remove Default Notice

[MENTION=19723]Lee Vodafone Company Rep[/MENTION];

Is there any news on the criminal case in which Abbie's account is involved ?

Even without the criminal case this account should be written off and the default removed from her credit file. Vodafone seem to have plenty of evidence that the account was fraudulent and it is entirely unfair that Abbie's credit file is destroyed through no fault of her own, having goodness only knows what kind of consequences on the rest of her financial situation. https://www.theguardian.com/money/20...-hsbc-pc-world // http://www.hardwicke.co.uk/insights/...urkin-decision ,for example.

Mr Durkin’s damages of £8,000 were general damages for the injury to his credit. On the facts, he failed in his claim for damages allegedly suffered as a result of his adverse credit rating.However, it is clear that such claims are now possible and could be substantial.

1. No, I have never held a Vodafone account.

2. No. I have asked numerous times (all recorded) for any and all information relating to the setting up of this account and copies of the ID and supporting documents (both proof of signature and proof of address) used to open this account. They have repeatedly ignored this request. I had hoped that this information would be included in the DPA requested documents but it wasn't.

3. I believe that the address used was different from mine. I never received any correspondence to my actual address until after the fraud was discovered. It was a nightmare even getting Vodafone to discuss the account with me as I could not pass the DPA questions.

4. I have kept all correspondence from all parties, including the bank and the police. I have a crime reference number from the police and a brief explanation from the bank saying that they have investigated the DDI and found that the signature on it is fraudulent. As a result they recovered all monies paid (not sure if I mentioned it previously but the fraud was discovered when I noticed that money had been leaving my account each month, wish I'd noticed sooner!).

5. I have no connection with Portugal whatsoever.

From what the police said at the time of the investigation they seemed to think that my bank details had been compromised. I have my suspicions because there was a 'company' when I was at uni offering a small fee for 'market research'. The guy seemed professional and many people filled in his questionnaire, he asked for a sort code and account number to send the payment. It was maybe 2 months after this that the account was set up. I feel very naive for having fallen for this and for not noticing the money coming out for so long, and believe me I have taken a lot of stick for it! Its one of the reasons that I feel so bad about it!

Thanks again for all your help. I will draft a final demand letter this evening and post it on here (redacted, obviously). I am happy to pay the fees to have this heard in court as I feel the evidence is pretty damning. I just want to ensure that it is done properly.

Also http://legalbeagles.info/forums/show...413-30-10-2014

[wales01man]

Re: Taking Court Action Against Vodafone - Remove Default Notice

Vodafone shut down at the weekend?

With respect to DIANA M LB doesn't make excuses for large companies

[AbbieA]

Re: Taking Court Action Against Vodafone - Remove Default Notice

From what I can see from this thread the complaint/issue was raised with Lee on Friday. Since then there has been a weekend.

Di

The issue was actually first raised with Lee on the 13th March, and with numerous other Vodafone employees going as far back as July 2015.

I don't think its unreasonable to politely ask when I might hear back from Lee? I am aware there has been a weekend.

[Diana M]

Re: Taking Court Action Against Vodafone - Remove Default Notice

Hi Lee,

Do you know when I am likely to hear back from you regarding this?

From what I can see from this thread the complaint/issue was raised with Lee on Friday. Since then there has been a weekend.

Di

[wales01man]

Re: Taking Court Action Against Vodafone - Remove Default Notice

Hi Lee,

Do you know when I am likely to hear back from you regarding this?

As usual days to sort out a problem should be able to access your file easily or get someone more senior to look crap customer service again

[AbbieA]

Re: Taking Court Action Against Vodafone - Remove Default Notice

I've received your email and I'll get back to you as soon as possible.

Hi Lee,

Do you know when I am likely to hear back from you regarding this?

[Vodafone Company Rep]

Re: Taking Court Action Against Vodafone - Remove Default Notice

Hi Abbie,

I've received your email and I'll get back to you as soon as possible.

Kind regards,

Lee

Vodafone Social Media