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14-12-2017 06:01 PM
So I am really in a dead end with Vodafone. They're aren't prepared to come to a mutual agreement with me and now this has left me with the possibility of taking it through to the courts.
In June 2016 I stopped paying my Vodafone bill as incorrect charges were added to my bill. I cancelled my direct debit (as otherwise they would have taken payment for the amount which was incorrect) and I instead kept the money aside for when the bill had been resolved. It took until November 2016 when the bill was finally removed and I was then prepared to pay the outstanding line rental in December 2016. I call Vodafone and the account had been passed over to a debt collection agency. I spoke to the debt collection agency and asked that if if had paid the outstanding line rental of £338, if my phone line would be reinstated. They said they would pass the query back onto Vodafone. I didn't hear anything back until I decided to call in July 2017, when I had noticed my credit record shows the outstanding balance went from £338 to £1120 in February 2017. I was told that bill would be waived which would then leave me £338 to pay, which I had agreed, but Vodafone couldn't do anything as the account was still with the debt collection company (although I had called them and they said it was nothing to do with anymore). Vodafone promised to get the account back with them, they would then remove the fee and call me to take payment of £338.
I didn't hear anything so I call back, told the same thing and promised that they would get the account back and call me to take payment of £338. Again, waited weeks and didn't hear anything.
By this time I received a deadlock letter, so I decided to go to the Ombudsman. I put my case forward and they agree that Vodafone lacked communication (despite being a communication company!) however said the reason why the bill went up to £1120 was due to the early termination fee which the Ombudsman agree is a valid charge.
I disagreed with the ombudsman findings obviously because I had agreed with Vodafone twice in July that they would get the account back and waiver the charge leaving £338 to pay. The ombudsman confirm that they would not require Vodafone to remove it but Vodafone can still choose to remove it if they wish. However Vodafone say that they simply cant, despite agreeing with me in July that they would remove it.
Now you maybe thinking, well if the Ombusman said it's a valid fee, maybe I should just pay it?
Vodafone terminated my contract without written warning. No phone call, text, letter or email. The terms and conditions says that Vodafone will give written notice if the contract is to be terminated. Had I been given notice of my contract being terminated, I would have kept my contract open (which I did try and do in December when I wanted to pay £338 but Vodafone never call me back).
In July the advisor agreed to remove the charge (which at the time I didn't know what the charge was or the advisor didn't explain what it was) which would mean I pay £338 as a full and final payment to settle the account. I agreed this, said I could make the payment straight away but they couldn't take the payment as the account was still with the debt collection company, although when I spoke to the debt collection agency, they said the account was closed with them.
I spoke to 2 Advisors in July and had agreed the same thing, the fee to be waived and I pay £338.
Because they would never call me back, I was in my right to go to the ombudsman, which has now put me in a worse off position.
Ombudsman are an impartial service, I don't think they are trained in contract law. I do honestly think If I took this through the courts, I'd have a good chance of winning. Despite me telling Vodafone that I will take this through the courts, they simply don't want to go back to the offer in July which I had agreed with Vodafone.
Has anyone taken Vodafone to court? any advice you could give me?
I have the money to pay vodafone the £338 now, i've always had, but they cant take the payment. Even if I wanted to pay the £1120 they cant because it's with a debt recovery company but they don't even know who the debt recovery company is! It's a shame Vodafone with the way they treat their customers and the dreadful lack of communication.
I suffer from a great deal of anxiety and I've had many (too many) sleepless nights over this and i've been actively trying to sort this out for over a year now but have got no where!
I am not one to say "I am going to the newspapers" or "I am going to contact BBC watchdog", I never say something I don't follow through on, and I will absolutely take this to court if I have to.
14-12-2017 06:59 PM
Vodafone have it seemed agreed to let to this go to arbitration by providing a Deadlock Letter as a mutual agreement could not be met.
They would then in my experience abide by the Communications Omsbudsman Ruling.
We do have a Vodafone Social Media Team here who read all posts and help where they can. However this sounds to have escalated to higher levels already, with the Omsbudsman being involved and an outcome reached so I'm not sure what the team here can do.
I assume you now have a Default on your Credit File?
However you wish to proceed I wish you well.
Current Phone >
Samsung Galaxy s²⁴ Ultra 512gb.
14-12-2017 08:36 PM - edited 14-12-2017 08:48 PM
@BandOfBrothers wrote:
Vodafone have it seemed agreed to let to this go to arbitration by providing a Deadlock Letter as a mutual agreement could not be met.
They would then in my experience abide by the Communications Omsbudsman Ruling.
We do have a Vodafone Social Media Team here who read all posts and help where they can. However this sounds to have escalated to higher levels already, with the Omsbudsman being involved and an outcome reached so I'm not sure what the team here can do.
I assume you now have a Default on your Credit File?
However you wish to proceed I wish you well.
Thank you for your reply
No my account doesn't show in default, it shows 6 late payments and has shown this since January 2017, but not yet in default
14-12-2017 07:18 PM - edited 14-12-2017 07:24 PM
Hi @ajames0807
I would like to have some sympathy with your case but am finding that hard to do. I have picked up on so many ways you have mismanaged the issue.
The golden rule in any dispute is to continue paying and get it sorted out when is issue has been solved. When you stopped paying you would have immediately put yourself in default of contract and in the wrong.
With the account in default and in arrears, Vodafone would have had every right to cancel the argreement leaving you liable for all the early termination charges, this is something they are quite explicit about in the T & C's in the paragraph below.
'If we want to suspend our services or end the Agreement. We may suspend our services or end the Agreement if, (i) you don’t pay any charges on time'
The debt was then sold onto debt collectors and out of Vodafone's hands.
With the Ombudsman already ruling against you and in Vodafone's favour I wish you good luck with any Court case.
14-12-2017 08:43 PM - edited 14-12-2017 08:49 PM
@AnnS wrote:Hi @ajames0807
I would like to have some sympathy with your case but am finding that hard to do. I have picked up on so many ways you have mismanaged the issue.
The golden rule in any dispute is to continue paying and get it sorted out when is issue has been solved. When you stopped paying you would have immediately put yourself in default of contract and in the wrong.
With the account in default and in arrears, Vodafone would have had every right to cancel the argreement leaving you liable for all the early termination charges, this is something they are quite explicit about in the T & C's in the paragraph below.
'If we want to suspend our services or end the Agreement. We may suspend our services or end the Agreement if, (i) you don’t pay any charges on time'
The debt was then sold onto debt collectors and out of Vodafone's hands.
With the Ombudsman already ruling against you and in Vodafone's favour I wish you good luck with any Court case.
Hi thanks for your reply.
I'm not here for sympathy, so you no need to find too!
Yes on reflection I would have continued to pay had I been told by the advisor that I should do this. When they finally cleared the incorrect charge in November 2016 I went to pay in December 2016 for the outstanding amount and for me to continue with my contract however they account had been passed over to debt recovery whom I asked if I paid would my account be reinstated, but they didn't have an answer so advised they will pass the account back to vodafone but vodafone never got in touch. It was then in July I contacted them, spoke with someone and agreed to settle the account if I pay £338, which I agreed, but they said the account was still with the debt company and that once they get it back they would call me. They said this twice and never call me back so that's why I went to the ombudsman.
A communication company not communicating with their customers?
My account isn't showing as default.
Ombudsman said Vodafone can still waiver the fee if they wanted to, so there is nothing stopping Vodafone from doing this as they agreed in July with me anyway before I went to the ombudsman. So the dispute can still be resolved with Vodafone if they chose to rather than let it get to the situation I take it to court.
15-12-2017 05:35 PM - edited 15-12-2017 05:37 PM
@ajames0807 I'm sorry that this still remains unresolved.
So we are able to investigate, i've sent you a private message with details on how to get in touch.
16-12-2017 05:30 PM
@AnnS wrote:Hi @ajames0807
I would like to have some sympathy with your case but am finding that hard to do. I have picked up on so many ways you have mismanaged the issue.
The golden rule in any dispute is to continue paying and get it sorted out when is issue has been solved. When you stopped paying you would have immediately put yourself in default of contract and in the wrong.
With the account in default and in arrears, Vodafone would have had every right to cancel the argreement leaving you liable for all the early termination charges, this is something they are quite explicit about in the T & C's in the paragraph below.
'If we want to suspend our services or end the Agreement. We may suspend our services or end the Agreement if, (i) you don’t pay any charges on time'
The debt was then sold onto debt collectors and out of Vodafone's hands.
With the Ombudsman already ruling against you and in Vodafone's favour I wish you good luck with any Court case.
Nevertheless, had Vodafone a) not made the original mistake and b) not been so lackadaisical in resolving it, then just maybe the OP would not have felt it necessary to cancel the DD for self-preservation purposes. Also if they would take some real and urgent responsibility for damage done to customers' credit files - or for anything really - then that might also help. Not everyone can be coerced into continuing to haemorrhage funds while Vodafone decide whether or not they ought to get their act together - not everyone has the money to permit that.