Taking Court Action Against Vodafone - Remove Default Notice

[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.

[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

[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 )

[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

[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.

[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

[Amethyst]

Re: Taking Court Action Against Vodafone - Remove Default Notice

Thanks for checking in Lee xxx

[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?

[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????????/

[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.

[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?

[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 ?

[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.

[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

'... 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?