Vodafone's debt collectors are bullying me!

[Tempty]

ok feeling very angry right now, very intimadated and if I'm honest a little scared right now!

Thanks to NastyWest taking all of my benefits I defualted on my vodafone mobile contract....just £10 pm. I did contact them to tell them at the time..... they said my phone would be cut off till I could pay the bill!. No problem I said.

Anyway on the 8th June I get a phone call from some really snotty cow at Credit solutions demanding Immediate payment... or else...kind of thing.
Vodafone have cancled my contract and added a charge of £100.76 to the total as a cancelation Fee, bringing the total debt to £135.13. Vodafone also now apparently have no record of me contacting them!!

I explained my situation,to credit solutions and told her there were no funds in my account and why, that I was sueing the bank to reclaim cost's and try to get myself out of this hole. I told her I had managed to come to an agreement with the bank and that they were going to provide me with a loan to cover my debt so it would stop any more money that came in from being taken.

maybe too much information, but I don't see the point in not being honest about it. Anyway Snotty cow then got really snotty and started saying "you expect the bank to give you a loan if you're sueing them?" I ended up having to talk over her to shut her up and said yes, loan has been agreed in principle i just have to wait for it to be confirmed and for funds to arrive into my account..... told her it should take not more then 2 weeks. then I hung up on her..... nothing else I could do really.

I also recieved on the same day a legal notice from them on the same day. that said charges would be added to my account of £50 solictors fee and £30 court cost's if I did'nt pay! As I'd allready spoken to them I did nothing about the letter,and to be fair so far they don't appear to have added those cost's.

On thursday 21st june funds finally cleared in my account and I rang Credit solutions to make a payment. bear in mind I'm on benefit and only recieved £380 into my account that day. I agreed to pay £30 there and then and told her I would ring again in 4 weeks time and pay another £30 unless my court case came up before that! at which point I would clear the debt in full. She then got snotty with me again and said that was not acceptable... I aruged as to why and said surely if I am agreeing to make a payment to you, you have to accept it. she remaind snotty... pushed for credit card details.. ( i don't have one) pushed for someone else to pay the debt for me..... and finally anounced that I would have to provide them with a complete breakdown of my income and a full list of outgoings, or they would not accept further payment from me. I got angry at that point and proably said something daft like...... well any court would agree that I have tried to make a payment to you, as far as I'm aware debt agencies cannot refuse an offer of payment..... I'm not providing you with personal information! told her i would call again in 4 weeks and hung up. (probably not best handled but I was feeling bullied and very angry at that point)


On the 23rd I received yet another phone call from them demmanding payment! I was immeidiatly angry this time!!! calling on a saturday, when i had allready made a payment to them 2 day's previous was what i considered to be harrasment..... and I did'nt hold back in telling him that either. he told me his company had a legal right to contact me up to 3 times a day..... everyday..... and that they were only going to call me once a day.. I told him I did not want to be contacted by phone and that any futher communication must be conducted by post..... he remained adament that the company would phone me again.
I got so angry with him that I even read out the The administration of justice Act 1970. in evidence to why I believed his company was harrasing me. he remaind adament they could and would contact me EVERYDAY.
he again demmanded that I send in my personal information. I remained angry and hung up.

I'm so sorry for the leangth of this post but feel it important not to miss anything out!!


This morning i have received a letter dated 22nd june (the day after made a bl**dy payment for god sake) from power 2 contact the address is the same as Credit solutions down to the contact telephone number!!!!

that reads as follows

Dear Sir/Madam

regarding Vodafone Ltd.
ref: xxxxxxxx
Balance £105.13 (i see they have amended the amount)

We have been instructed by our client to visit your address to collect the above debt.

you have made this action necessary as you have ignored all thier requests to contact them, and you have failed to pay your account.

our visits take place within the following hours:
monday - friday 9 am - 8pm
Saturday 9 am - 12 noon

Should you wish to avoid this course of action, you must conatact our instructing agent within 72 hours of receipt of this notice.

it then gives out the same address and telephone number as it has listed for itself.


ok HELLLLLLLLP Please, This must be bulliing but I really don't know what to do.... i don't want people to come to my house.... on the phone and by post I can deal with anything.... but not on my own doorstep!!!

I am afraid, I know that's why they do this.... but I can't pay if i wanted to.... right now

[Paradox]

Dear Sir/Madam,

Ref xxxxxxxx

Please be advised that I am only prepared to communicate with you in writing and therefore, if it remains your intention to arrange a “doorstep call�, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and should it be necessary, I will obtain an injunction against you, or telephone the police if necessary.

You may need to adjust that as necessary.

That'll give them a good reason to think twice before visiting you, but under no circumstances if they do visit you just ignore them and don't answer the door. They've obviously got no intention of allowing you to explain the circumstances, but that £100 seems to me like a penalty charge? What would anyone elses thoughts be on this?

Matt

[Tempty]

thanks Matt, makes me feel a little better I'll get that sent straight away!!
Do I "have" to give them my income information though??
they say they won't accept any agreement of payment with me unless I send it, then they want to set the amount I have to pay!! based on my income.... i apparently don't have any say in the matter.... that's why I've refused to send it. D o I have the right to refuse that??

[iancognito]

OK the first thing you need to do (as well as sending the letter below) is put this account in dispute and follow their complaints procedure, this will stop them referring it to debt collectors.

You can dispute the debt on the grounds of penalty charges they will have added to the account, send an SAR immediately (you need to include the £10 fee) sand make sure you ask for records of all telephone conversations on your account, I can assuree you they will have them.

Next time their collections team contact you tell them the account is in dispute and until you have reached a resolution with Vodafone, you will not discuss the matter further.

Then you can sit back, take a deep breath and we'll sort out the next move.

[Tempty]

I had thought about doing that, but after I read up a little I decided not to. as far as I have read, if I defaulted on a contract which I did! that the mobile company then had the right to charge me the full amount for the total term of the contract! hence the £100.76 charge! I worked it out and yes that amount does tally up. So I'm confuesed now as to what I should do now?

the account has allready been refered to debt collectors and it is they that are now harrasing me for payment. I have had no contact from Vodafone, other then one bill. and the phone call I made to them explaining my situation.

[Paradox]

How much was the original contract, per month, and how long had you had the contract when they defaulted you. Have they put a default on your credit file?

Matt

[Tempty]

the original contract was for £10
My head's a whirlwind this morning and I can't find the date I ended the last one and switched to this. and I have no idea if they've put a default on my credit file!!! Geez I'm useless at this..... how do I find out about a default..... spose SAR is the way to go after all ??

[Tempty]

sorry I'm being a pain in the a*s now I know, just wanna make sure I'm right about things before I go shouting my mouth off

[iancognito]

Tempty, keep on paying the £30 or whatever you can afford, whether they say they are willing to accept this or not, if possible by standing order or internet payment, then its very hard for them to refuse and you won't have defaulted on your contract but as a guide, Vodafone only allow 3 months to pay a debt so you will be able to work out how much they actually want and obviously you can't afford to pay that.

They want it all ways, they are not covered by the CCA and yet they want all the benfits that go with it and none of the committments.

Once its in dispute, the collection agancy will have to refer it back to Vodafone, if you do not take action, they will continue to give you hassle.

[iancognito]

Ig you go to the website Credit Expert (Experian website) you can get a free monthly trial of your credit report, you have to enter card details and remember to cancel it before the month is up but it will tell you if they have placed a default on your file.

[LuggerBugs]

Tempty, what I did when I had a dispute was, wrote to Oftel (don't know whicjh is the regulatory bosy now) complaining about them. CC'd the letter to the director's office at Vodafone. Got a call from them (Vodafone) next day, asking what they could do to sort things out.

Sems they don't like having the aggro of an investigation. So maybe a wee word with trading standards, etc? Coppying any letters to Vodafone too? Might not help, but can't do any harm, surely.

[iancognito]

The regulatory body is now Otelo but you have to go through Vodafone's complaints procedure and receive a letter of deadlock before they will deal with it, ultimatley this is the option, I also had my complaint dealt with after contacting their Directors but I think we need to follow the earlier stages of their procedure first, and of course, gather the evidence to prove a case.

[Tempty]

thanks guy's
had a friend come over earlier, so feeling a bit more chilled out about it now. I will get on to vodafone and dispute the account, and see what happens from there.

credit solutions have allready contacted me again today!! I refused to confirm who i was, so they had to give up on that call. when they call again i'll see if they will agree to a standing order..... if not i'll keep telling em to P off till I hear back from vodafone.

[iancognito]

Tempty, I really wouldn't bother asking them to agree to anything, or talking to them for that matter, they won't have any sympathy for your situation, they have a job to do and will have a determination to do it. One thing you need to remember is the worst they can do is take you to court and if you are paying a set amount which is over and above your monthly commitment and are obviously trying to pay off the debt, the courts really won't be interested in what they've got to say.

Remember, there's nothing they can do to you, play the game by your rules and let them get on with it, by the time they get round to taking any action, you'll probably have the debt paid anyway.

When you hear from Vodafone, give us a shout and we'll be here to help you.

[BAILIFFCHASER]

Send them a sar or even better a cca. then sit back and wtch the fun of it all. If credit solutions have sent you a paying in slip. post the paying in slip with a £1 cheque and on the reverse mark cca only to :

girobank
bootle
gir oaa
and send a cca saying that you have attached a cheque. then sit back for the 30 days and go after them.