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[eightiesfan]

After tens of calls to Vodafone, I am getting nowhere, so I am having to take my frustrations to the internet. I'm starting here, in the hope that something will be done quickly, but if it's not, I will be taking it to Twitter, other forums and eventually the media.

Long story short, I lost my phone on 10 February 2012. As I had no handset, I had absolutely no means whatsoever to contact Vodafone to report it lost until the morning of 13 February, when I got to work. Vodafone and LSG were happy to replace my phone on this basis, despite not being reported missing in the 24 hours period.

This was fine, until I got a phone bill for over £800 worth of calls made on 11 and 12 February. To my amazement, despite the fact Vodafone accept that I did not have my handset on these days, and it not matching any pattern of calls I have made in the several years I have been a Vodafone customer, the calls will not be written off.

At the end of last month, I was advised to complain to LSG about this - customer services advised that this is all in their hands. So complain I did, recieving a phonecall from LSG a few days later to say that they would be advising Vodafone to write off the first 24 hours of calls (the bulk of the calls). Obviously this is not a great outcome, but a far better situation than I'm currently in. However, Vodafone have refused to do anything about this, sticking by the fact that I didn't report it within 24 hours.

So why then, was my phone replaced? Why can common sense be applied to replacing my handset and not to refunding the calls? I have made so many calls about this, and I am told something different as to who is responsible for handling this each time.

Why am I being charged for calls that Vodafone accept I could not have made?

[AnnS · Accepted solution]

Hello eightiesfan

I am sorry to hear you lost your phone and someone found it and made fraudulent calls.

Unfortunately, its in the terms and conditions, you have to report the SIM as soon as it is stolen, or at least within 24 hours, or you will be liable for all missuse until Vodafone are notified of the loss.  The SIM is then immediately barred and no further calls can be made.

'6. Losing your mobile equipment

If your SIM card or mobile equipment is lost or stolen, you must tell us as soon as possible so that we can prevent further use on it. You must pay for all charges due until you tell us. You must also continue to pay the line-rental charges until this agreement has ended as described in clause 2 or clause 11.'

No network is going to back date the clam, this is to prevent abuse by people making a stack of calls and then saying the phone has been stolen.

You could have protected the SIM with a PIN, which which the thief would have needed to know before the bill was racked up which you are now liable for. This may have made the phone inconvenient for you to immediate use but would have given peace of mind.

The calls will still need to be paid for and if, you do not have insurance for unauthorised calls, you will be liable for the calls made. The best you will be able to hope for will be some goodwill gesture from Vodafone but Vodafone would be under no obligation to offer this.

[eightiesfan]

I understand this, but Vodafone accepted that I didn't have the phone on those dates, and that is what I take issue with...

[Magicman13]

Hi.

As AnnS has pointed out, you would be liable for all calls made between the time at which the handset was stolen up until this being reported. Vodafone will no doubt be aware that you didnt make these calls, but because you have taken no actions to try and prevent these, i'm afraid the liability is on you.

It would be same if you had a credit/debit card stolen, the only difference is that a card will have a pre built in pin code to prevent it being used in this instance.

Vodafone may offer a small reduction as a goodwill gesture but there is no guarantee they will do this and they have no obligation either to do so.

The insurance will still cover the equipment replacement even outside of the 24hr window, but as per the T+C's of the agreement they will not cover call charges prior to it being reported.

[eightiesfan]

I've had a credit card defrauded previously and the £700 was promptly refunded to my card, following my signing a statement to confirm I did not make the purchases, so there is no point comparing it to that.

[SynthFG]

And TBH you didn't have to wait until monday to report the loss

Even if you don't have a landline at home you could have always borrowed a freinds phone or used a public phone box 

[eightiesfan]

there are no working public phone boxes around me (i looked, trust me!) and my flatmates were away for the weekend, so no, that was not an option.

[Magicman13]

a defrauded credit card is usually a case of the card numbers been cloned using a device attached to the machine which also records your pin number.

That means your pin number was obtained illegally so the card company can freely reimburse this, but as you chose not to have a pin number on your sim card then YOU have not taken appropriate measures to prevent mis-use, then YOU are liable for all charges incurred.

[eightiesfan]

Are you all employed by Vodafone?

[AnnS]

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eightiesfan wrote:
there are no working public phone boxes around me (i looked, trust me!) and my flatmates were away for the weekend, so no, that was not an option.

---

If you found it impossible to get to an alternative phone in your area, if view of the fact that you had lost your phone and there was any possibility that someone could be using the phone and making calls which you are liable for, you should have found one in an alternative area.  Most major supermarkets have call phones and they are open all weekend.

Failing this, Vodafone store are open all day Saturday and Sunday in large towns, the staff there would have helped and barred the SIM.  You really have no excuse.

[Magicman13]

If Vodafone paid the same as my current employer then i might consider it, but no, i'm not employed by them.

[AnnS]

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eightiesfan wrote:
Are you all employed by Vodafone?

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None of us are employed by Vodafone, only forum members like yourself and Vodafone customers who understand the importance of reporting a stolen phone as soon as possible and not waiting until Monday to get the SIM barred.

You came to the forum for help and honest advise, it may have not been what you wanted to hear but its the correct information.

[SynthFG]

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eightiesfan wrote:
Are you all employed by Vodafone?

---

No

Only guys with the red vodafone tabs are employed by vodafone

[eightiesfan]

great, i will wait until one of them answers my query then, thanks!

[AnnS]

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eightiesfan wrote:
great, i will wait until one of them answers my query then, thanks!

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The Tech Team will tell you the same thing that unfortunately you will be liable for the calls.

[James]

Hi eightiesfan,

Thanks for your post here.

Unfortunately the details provided by our users on this thread is correct however if you would like to discuss this further with one of the team please follow the instructions on the PM that I have sent you and we will be able to pick this up for you.

However, from what you have said it does sound like we will be very restricted in what we can do for you.

You can find your PM inbox here.

James

[eightiesfan]

thankfully, this has now been resolved satisfactorily

i never doubted that what the posters said was accurate, i just think they were rude (hence why i asked if they were vodafone employees) and i feel bad they have nothing else to do with their time

[DFcorpuser]

Not sure if you are still around this forum. I have had a similar issue (phone stolen and only knew about it after about 20hours). During that time almost £1k of calls were made illegally to what seems like a money making scheme. I don't understand how Vodafone cannot identfy when someone is illegally using a phone for almost 20hours striaght talk time (surely this is flagged as extremely unusual).

I'm even more shocked that I essentially have unlimited liability until a phone is reported stolen. What if the bill was £20k??

I reported the phone stolen and have advised Vodafone. They would rather lose my business, my partners business and a family business account rather than showing goodwill. Really shocked

[saverio]

@magicman, Question then,

what if the phone had been reported to the police and a crime number obtained?  which takes precedence, the law or vodafones T&C's - especially as in another thread the individual couldn't get through to vodafone despite trying all day.

What is the mechnism Vodafone use in order to ascertain fraud/ theft/ lying customers?

[Magicman13]

Even if it was reported to the police, Vodafone/Insurance will only compensate for any charges incurred after the incident was reported.

The police will only provide a crime ref number, they will have no bearing on the charges that the person who has taken the handset has used. They will also add the imei to the police database and if any handsets are found during an arrest etc, they are cross checked with this database to see if stolen etc.

Vodafone will have a process in place to determine any fraud etc, i don't know the procedures that they would use though.