Taking Court Action Against Vodafone - Remove Default Notice

[AbbieA]

Re: Taking Court Action Against Vodafone - Remove Default Notice

Email sent as requested, please let me know when you have reviewed it.

Thanks for your help.

[Vodafone Company Rep]

Re: Taking Court Action Against Vodafone - Remove Default Notice

Hi Abbie,

I've just replied to your last PM.

Kind regards,

Lee

Vodafone Social Media

[AbbieA]

Re: Taking Court Action Against Vodafone - Remove Default Notice

I would personally hold no hope out for either Lee or the CEO (which is probably palmed off to their executive team) resolving it. The fact that your notes show the account has been flagged three times and they noted no fraudulent account plus the fact that legal have had their say on the matter, unless someone in a senior position with authority overrides all of this, nothing is likely to happen. This is of course from my own experience and I would like to think something would change but given the circumstances, court action in this case may be the only option.

It seems inevitable. I am hoping Lee will at least respond and either tell me when the court case is or tell me why he can't tell me. I do not expect him to be able to resolve this situation as he previous responses were woefully inadequate.

I am drafting a final demand letter and will post it on here before sending, unless you think this is unwise? I will then instigate court proceedings if the letter is not replied to sufficiently.

[R0b]

Re: Taking Court Action Against Vodafone - Remove Default Notice

I would personally hold no hope out for either Lee or the CEO (which is probably palmed off to their executive team) resolving it. The fact that your notes show the account has been flagged three times and they noted no fraudulent account plus the fact that legal have had their say on the matter, unless someone in a senior position with authority overrides all of this, nothing is likely to happen. This is of course from my own experience and I would like to think something would change but given the circumstances, court action in this case may be the only option.

[AbbieA]

Re: Taking Court Action Against Vodafone - Remove Default Notice

I have contacted Lee from Vodafone Social Media again through this forum and I'm hoping this time round will be more fruitful than the last. I have clear questions that need to be addressed, even if he can't provide an answer.

Hopefully he can make amends for the mess Vodafone created on the other Forum.

[wales01man]

Re: Taking Court Action Against Vodafone - Remove Default Notice

Just read MSE thread from OP I am no expert but have to say Vodafone are useless if their reps who post on there are real I think they are deliberately avoiding the problem . How can so many emails be sent and not received by the OP? I note in one post LEE says he has no access to the PM service is this a joke they have the OPs address phone number can they not send a recorded letter cost pennies or is this multi billion pound company strapped for cash as well as lacking in customer service???????????

[AbbieA]

Re: Taking Court Action Against Vodafone - Remove Default Notice

Morning Guys,

I have tried engaging with Lee again, having already tried numerous times on the MSE forum. If you would like to have a laugh about it read all the correspondence on there, Vodafone do not paint themselves in a good light!

I have also already contacted the CEO, which is what actually prompted the letter in the picture (not the pre-action letters I sent). I have put together a brief timeline below:

July 14:
Fraudulent account set up in my name.
July 15:
Fraud discovered and immediately reported to the Police and ActionFraud who investigated and provided me with a crime reference number.
Reported to Vodafone who said they carried out a fraud investigation but deemed there to be no fraud found. They have asserted that the account is still collectable and have applied a default to my credit score.
I then requested that Vodafone 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, which they refused.
I also reported this to my bank who conducted their own investigation, determined that the signature used to set up the Direct Debit Instruction was fraudulent and recovered all monies paid to Vodafone.
August-November 17:
Numerous attempts to reason with Vodafone. 3 separate fraud investigations were conducted by them and all deemed that there was no fraud found.
I contacted the Financial Ombudsman who referred me to the Consumer Ombudsman who advised that they were unable to help at this time, I believe due to lack of evidence. Reasons stated as being the DDI matches the address, no fraudulent usage (just normal usage to UK landlines and mobiles) and the handset chosen was a low value handset not typically used by fraudsters.
December 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 (for suspicious usage in Europe and £100’s in calls to Portugal and Spain) before the fraud was discovered by myself.
January 17:
Having obtained this I tried again with the Consumer Ombudsman who advised that I could not reopen an investigation that had previously been closed.
February 17:
I then tried the ICO following advice on the MSE forum. I supplied them with all the evidence I have gathered and after several correspondences and they said they will investigate and have written a letter to Vodafone, though I haven’t heard anything since.
I also sent my first Pre Action Protocol letter, which has never been acknowledged or responded to.
Around the same time I first engaged with Lee from Vodafone on the MSE forum. The whole debacle can be read there but they basically denied receiving any emails, then said they had received the emails, then that they haven’t received any emails. No progress was made.
March 17:
Follow up letter to the Pre Action letter was then sent, also ignored.
I was also given the CEO email on this Forum at roughly the same time so emailed him, which prompted a response saying they will reopen the fraud investigation (having previously carried out 3 fraud investigations and stated that no fraud has been found each time and that they would not open any more investigations).
April 17:
I received a letter from the UK legal Team in response to the email (same one posted on here). In it Vodafone stated that this account is part of a wider fraud investigation for which arrests had been made and the case is due to be heard in September.
April – September 17:
Sought legal advice, most common response being that I should wait until the results of the trial.
September 17:
I am now concerned that I do not actually have any details of the trial other than the vague mention that I managed to extract from Vodafone after nearly 2 years of denial. I feel that I need to be proactive again and most likely will have to follow through and instigate a court case to get Vodafone to respond.
I have also contacted Lee from Vodafone for advice and for details of the court case mentioned by the UK Legal Team (ie date of hearing? results?).

[warwick65]

Re: Taking Court Action Against Vodafone - Remove Default Notice

Abbie

If Lee cannot sort out your problem have you emailed the CEO of vodafone
nick.jeffery@vodafone.com

It usually gets a response and a resolution

As for any court action, a couple of points- if you were to be claiming damages, how can you actually quantify them until the situation is resolved ?Even when resolved you still need to quantify then

Going to court can be very expensive as a LiP if you don't do the right process so think very carefully . Of course small claims can minimise the the chances of that although costs can still be awarded if you lose in a small claim

[AbbieA]

Re: Taking Court Action Against Vodafone - Remove Default Notice

Hi Abbie,

I've just replied to your PM.

Kind regards,

Lee

Vodafone Social Media

Form completed as advised, please let me know when you have reviewed it.

[Vodafone Company Rep]

Re: Taking Court Action Against Vodafone - Remove Default Notice

Hi Abbie,

I've just replied to your PM.

Kind regards,

Lee

Vodafone Social Media

[Diana M]

Re: Taking Court Action Against Vodafone - Remove Default Notice

This forum has an Authorised Representative from Vodafone so maybe send him a PM and ask for his intervention and/or help?

Or contact [MENTION=19723]Lee Vodafone Company Rep[/MENTION] by PM http://legalbeagles.info/forums/memb...ne-Company-Rep

Diana M

[R0b]

Re: Taking Court Action Against Vodafone - Remove Default Notice

Abbie, you need to do what is best and right for you. You have two conflicting positions from Diana and myself and there will always be a case that a conflict of opinions will come up like this.

The weblink provided by Vodafone does not work and says '404 - Not Found' so likely the page has been removed. I did however come across this link from Action Fraud - Mobile Phone Scam. Assuming that is what Vodafone are referring the article suggests that mobile phone operators were well aware of this since 2014, yet, as you rightly pointed out, they have contradicted themselves by suggesting no fraud has occurred and suddenly admitting albeit indirectly, that you could have been a victim of this type of fraud.

Diana believes that patience is key but you are also correct in that fraud trials, especially where things can get complex, can take months if not years to conclude. You need to be acutely aware that there is a limitation period on bringing claims like this which will be from the date the damage was suffered i.e. the date of the adverse entries on your credit report. So if the criminal trial does last for another 3 years then you could be out of time for bringing a claim unless you rely on other sections of the law that could allow you to bring a claim but I would caution against relying on these types of exceptions.

At the same time, that does not mean to say my way is the right way to go about things. You can issue a claim but yes you could potentially lose out on maximising any damages or losses suffered if you bring a claim too early and not realising the potential it has caused. Yes the claim could be stayed but there is generally a presumption that claims should not be stayed unless there is compelling evidence that it would prejudice the criminal trial. On the more positive side, at least you know there is an end in sight by going down the legal route than sitting on things waiting to happen. Like Diana said, you could look at legal expenses insurance if you have it and see if you are covered, or alternatively you could look for a fixed sum arrangement though I would be surprised given the complexities already and spanning over two years it is unlikely to be cheap i.e. <£500.

You need to decide what is best for you, whether it is the long game in waiting it out with a view to pursuing the claim at a later date and risk not obtaining further credit in the meantime due to the default, or pressing ahead and commencing legal proceedings with a view to having the default removed and the potential risks of having the claim stayed anyway and/or not obtaining damages reflecting to the extent that any damage or loss has been suffered.

We can't tell you what you must do but you've been given pretty much both sides of the coin and I don't think I have anything further to add in terms of what is in favour of you so it comes down to your own gut feeling. Whichever way you go, I would suggest you starting creating a timeline of key events as well as any evidence which is substantial and could support your case plus any gaps or arguments that Vodafone may have to dispute your claim. Once you've done that you should be in a position to write or prepare a letter before action to Vodafone (assuming you don't instruct solicitors). The only question will be the amount of damages, if any, you would want to claim back from them.

[AbbieA]

Re: Taking Court Action Against Vodafone - Remove Default Notice

Then ask yourself the question why did Vodafone 'link' your situation to the criminal case in their letter if there's no possible connection?

Identy theft with mobile phone contracts is not uncommon yet they have named a specific criminal case in relation to investigating your account.

I still say patience is not only a virtue but wise right now.

Di

They state that they have been notified by Met Police that this account is part of a wider operation, for which arrests have been made and a court case is due. But they have also stated, in writing, that there is no evidence of fraud on the account, the debt is still collectable and the default notice is justified. I contest all 3 and can supply compelling evidence to the contrary.

What makes you say that patience is wise? Court cases can take years to go through and all I have to go on is the vague mention of their being one from Vodafone, with no actual hearing date. I don't believe that Vodafone will be proactive in supplying me with any information without being chased for it. How long would you suggest I should wait for before I do anything?

[Diana M]

Re: Taking Court Action Against Vodafone - Remove Default Notice

the only reference to a court case is in the letter above. No mention of details, a date or anything else. That is the first admission from Vodafone of there being any relation to fraud too.

Then ask yourself the question why did Vodafone 'link' your situation to the criminal case in their letter if there's no possible connection?

Identy theft with mobile phone contracts is not uncommon yet they have named a specific criminal case in relation to investigating your account.

I still say patience is not only a virtue but wise right now.

Di

[AbbieA]

Re: Taking Court Action Against Vodafone - Remove Default Notice

Do you any information about the criminal case being heard at all?

No! :-(

Literally the only reference to a court case is in the letter above. No mention of details, a date or anything else. That is the first admission from Vodafone of there being any relation to fraud too.