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Lengthy ordeal over Vodafone debt

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  • Lengthy ordeal over Vodafone debt

    Hi,

    I originally posted this on MSE forums but no-one's replied in 3 days so I thought I'd try you guys. I'll get right to it - the debt in question is one Vodafone claimed I owed back in Dec 2007. It was the result of me allegedly agreeing to a contract extension of 6 months for £25 credit on a call from a third party on Vodafone's behalf. This call never happened and there's no record of it, apart from the credit appearing without explanation in small print on one of my bills. When I cancelled my contract I was confronted with a bill for £487, for the 6 months they claimed I had left of my contract and one backpayment. It also included the remaining time on a £10 a month contract I had taken out as a deal for a friend, which at the time I didn't realise would end if I cancelled the first one. I'll admit I should owe that, but the two contracts were tied, I wasn't informed the second number was cancelled til a later stage and as I understand I couldn't still use the second one without the main contract active anyway. So a lengthy battle ensued.

    I paid off my backpayment and denied the rest. The debt went to Capquest, who I think are notorious for their incompetence, and despite my explaining everything twice I only received letters stating the debt still stood - "Our client responded...: 'Customer has been advised that he will be liable for the early termination fee.' The balance for this account is now due in full," and, ""Vodafone have confirmed that the contractual terms would have been clear on the extended contract." What extended contract?! After 8 months or so I grew tired of it and ignored them.

    The trail went cold til 2010 when Vodafone got back in touch saying they'd started looking at old debts and it had resurfaced. Since then, it's been going quiet for a bit and then starting again with another agency. So far I've had letters from Lowell, Red, H L Legal, CapQuest, Hamptons, Mackenzie Hall, Fredrickson International, Bryan Carter... probably more. It's ongoing and I've given up reasoning/communicating with them.

    I have a letter from Dec 2010 when I wrote to Vodafone to get them to call off the dogs, and in the letter back it states:

    "You were advised at the time that Vodafone would revert the contract term for that number back to 12 months and re-add the £25 charge that you were credited on the 17th May 2007.

    Unfortunately this was not actioned at the time and your account continued down our collections path."

    Isn't that admitting to a great amount of negligence? Is this a clincher that they can't pursue the debt? Even though in this letter she stated she had corrected the account though I still owed for the second contract and the £25 credit, the collection agencies are still asking for over £300.

    On top of this, when the debt was in CapQuests hands in 2008 I requested a copy of the credit agreement. In return they sent back my Pound coin with a letter stating they didn't have a copy, and then continued to pursue the debt anyway. Should the trail have ended there? Does that make it illegal to sell it on again?

    I'm not too clued up about these things but this has gone on long enough. The current agency are quite on it and I'm getting a lot of letters and phone calls. I need a way of halting it once and for all before I end up setting light to Lowell's headquarters!

    Thanks,

    Rich
    Tags: None

  • #2
    Re: Lengthy ordeal over Vodafone debt

    Mobile phone contracts are not covered by the CCA, so they were correct to return your £1.00.

    From what you say, Vodafone have certainly made some unfortunate mistakes. Whether these constitute a great amount of negligence would be debateable. I would think not.

    They are clearly working through the DCA's. What outcome are you hoping for from this now?

    Comment


    • #3
      Re: Lengthy ordeal over Vodafone debt

      Just ignore all the DCA's, they have no legal powers to money off you anyway.
      Stay off the phone to them as well and dont answer security questions.
      Report them to the OFT,trading standards if they keep harassing you.

      Comment


      • #4
        Re: Lengthy ordeal over Vodafone debt

        Ideally labman I'd like to not pay a penny and not be hassled any more! I know in reality I owe for the second contract but out of spite after all that's happened I don't want to pay a penny; it'd feel like a defeat. As far as I can gather they wouldn't take me to court for under £400 anyway - they'd be making a loss...? If so I'll just leave it as mr.ton suggested, they don't deserve my time. I'm quite gutted they haven't been harassing me actually, it'd present an easy way out. I think they save that for the bigger fish.

        I know DCA's don't have legal powers, but my last letter was from Bryan Carter Solicitors. Has this gone a step towards court proceedings?

        Comment


        • #5
          Re: Lengthy ordeal over Vodafone debt

          Hi,

          Thanks for your reply. Nobody can guarantee that you will not be taken to court for a debt of under £400 - that depends entirely on the policy of the creditor, there is no hard and fast rule.

          If the original contract is clear about the termination of the second contract if you terminate the original one, then you ignore the DCA's at your own risk.

          You are right that it is less likely they will take court action over a smaller debt, but as mentioned above, nobody can gaurantee this.

          If the original contract is unclear regarding the second contract and you were not informed (or they cannot prove you were informed) of this clause at the time of inception, then I would be inclined to let them do their best and if necessary fight it should it go to court. :beagle:

          Comment


          • #6
            Re: Lengthy ordeal over Vodafone debt

            One case law argument you could use is the OFT v Ashbourne Mangement Limited that rules early termination fees on contract over a 12 month period (which since yours was an extension of 6 months to an original contract, then it would also apply to you), without the right to cancel during the first 12 months as unlawful. The case above was regarding Gym membership but the basic are the same for mobile phones too.

            A letter explaining that the OFT v Ashbourne Management Services Case law meets such termination fees they are persuing you for are deemed not only unfair but unlawful and that if they do not agree then they should take their argument to court, would likely be enough to get them of your back. Also explain you also expect any notes/records for this alleged debt to be removed from your credit file with all CRA's within 60 day's from the date of the letter, otherwise you will pursue them for libel as inaccurate recording of data is not only inaccurate but also libellous and may result in effecting your ability to get credit.
            Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

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            Comment

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