Vodafone dispute

Discussion in 'Finance, Property, Law' started by FatBoyGeorge, Oct 11, 2012.

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  1. Good eveing all,

    Apologies if this has been posted before, I have searched... honest.

    At the beginning of June 2012 I decided that I had had enough of not getting my money's worth with Vodafone and decided to move to GiffGaff instead, it made sense for me and my mobile usage. I sent my 30 days notice which was accepted and confirmed by Vodafone. The agreed last day of the contract was 1st July 2012. Fine.

    Except last week I got a letter from CapQuest Debt Recovery stating that to avoid further action I need to pay £77.00 by the 16th October 2012 to themselves as my Vodafone bill has gone unpaid. Granted I cancelled the direct debit, but expected a final bill as opposed to a threatening letter from a third party.

    I checked to see if my online account was still active, and to my surprise it was... with £113 now outstanding. I emailed Vodafone stating I shall not pay the £113 but will pay for up to and including the 1st July 2012, which should be around £38.

    The reply I got said that because I didn't use the PAC code I requested the account was left active and I need to pay the outstanding balance to CapQuest. They also stated that this was explained in the email confirming the cancellation date. Unfortunately I don't have this any more but have requested a copy.

    I have contacted CapQuest to explain what has happened and to make it clear I plan to dispute this. Kevin at CapQuest was very courteous and helpful, and they are returning the file back to Vodafone with no more contact from themselves on the matter. Great!

    My question is, where do I go from here? Also does me not using the PAC code hold water? Surely that's akin to me giving my boss 30 days notice only to find out I have to stay because I didn't drink a cup of tea I asked for.

    Many thanks in advance,

  2. I should clarify that I haven't used the Vodafone SIM since the 1st July 2012, assumed the contract had ended and have been using a GiffGaff SIM since the same date. The first I knew about the account still being active was the letter from the debt collectors rather than a letter or email from Vodafone.

  3. I doubt it. You would only use it if you were going to another ISP, which isn't going to be the case for everybody.

    About a year ago, my broadband went tits up. One day it just wouldn't connect to the internet. I was with AOL and I know loads of people moan about it but I was with them for years and had no problems until this. But when I rang them they didn't get the connection working again, despite 4 calls over a 4 day period. I needed to be online and get access to my emails so I could make travel arrangements for a friend's funeral. In the end I bought a vodkafone mobile broadband pay as go dongle for £20 with £15 of credit on it.
    I wrote to AOL telling them I was terminating my contract with them. I sent the letter to their head office and told them they must not take any further payments from my credit card.
    About a month later, when I got my credit card statement, they had taken the monthly fee off it, despite being told not to. I rang the card company who took the payment back and refunded me. Then I got a 'final reminder' letter from AOL with red ink on it, saying I owed them £15 or whatever it was.

    Next thing I got a non threatening letter off them with a MAC code which they said was valid for a month or something. But I was using the mobile broadband so I didn't sign up to a new ISP until about 2 months later, so the code expired and then I got another letter asking for money. By this point I'd signed up with Orange. And then someone from AOL actually read my letter and phoned up. He said in view of what had happened, he was cancelling the charges, which I wasn't liable for anyway - I'd cancelled the payment for a service they had stopped providing, fair enough. He asked if there was anything else he could do, so I said I wanted £50 compensation for the hassle. Amazingly a cheque arrived in the post the same week.
  4. Schaden

    Schaden LE Book Reviewer

    Keep copies of everything -even money they'll be back in three months when the computer regurgitates your name as owing money.

    If they do tell the to **** off and contact the Ombudsman.

    I had a similar problem with TalkTalk *ptui!!!* and finally got it resolved someone who works for their MD and spends every say sending out grovelling apologies.
  5. If you have got confirmation that they accepted your 30 days notice, then they have no leg to stand on. Show them that and let them know that you will be giving it to your lawyer should they persist.
  6. Mr R had a problem with Vodafone a few years ago which ended up going to the regulator. Their admin is very vague in its letters and generally inefficient. It is worth doing a credit check on yourself as they soon tell Experian of your debt and set the bloodhounds after you.
  7. Vodafone has a reputation of being the worst of a bad bunch (and that includes thier network), as per Cabana's comment above, if you can demonstrate that they have your 30 days notice, tell them to swivel.
  8. The good thing about ARRSE is that you can get some good advice now and then. The flip side of that is that you get duff gen too! As above.

    Please don't get MAC's and PAC's confused.

    A MAC is a Migration Authorisation Code and is used to port Broadband products between companies so you have no loss of service.

    A PAC is a Porting Authorisation Code and is used to transfer you mobile number between operators.

    They are two different things for two different products.

    If the OP requested a PAC and then did not use it, the contract is NOT cancelled! Whether is should be is a different matter, but you will amost certainly have to go to court to test that one. It's been that way for many years. You request a PAC to move your number. It is valid for 30 days. Once it has been used then your original company will formulate your final bill. If it's not used, then the contract continues.

    If you didn't want to retain your number then you should have cancelled. This is different to requesting a PAC.

    In all honesty, you haven't done yourself any favours. You cancelled your DD before the final payment (in your eyes) was taken. Yes, there is an argument that that you didn't receive a final bill, but in reality, you knew that you should have received one and took no action. The court will take that into account.

    You have three real options.

    1. Appeal to Vodafone and see if they will reverse some or all of the charges. Ensure you do so in writing and keep copies of letters emails etc. You MIGHT be lucky, but knowing Vodafone, no chance.

    2. Pay up. Take it on the chin. You fecked up, they have the law of contract on their side and they are likley to stick to it.

    3. Allow it to go to court. Remember, debt collection agencies will threaten and cajole. They have lots of legal letters etc. But they cannot do anything without a court order. Baliffs may appear, but again, they are powerless without court orders (unless you are silly enough to let them in!). The court MAY find in your favour that the contract was unfair or that Vodafone have acted unfairly. But, and it's a big but, if you lose (which is very likely) your bill will be very much higher than it currently stands.

    Personally, I'd contact Vodafone and sort out an arrangement to pay. You should have taken action at the time and not hoped that they'd forgotten your final bill!
  9. Thanks Infiltrator, seems the best option is to be polite to Vodafone and hope the someone on the other end is compassionate.

  10. So I send a letter saying cancel my contract I no longer want to have anything to do with your company, give me a PAC so I can move my phone number. If I then don't use this PAC the company can legally ignore the fact that I have told you that I have cancelled the contract and still force me to pay for a service I haven't used?

    Seems a bit odd that. Not saying it isnt true but passing strange for all that.
  11. Not really all that strange. Most people want to keep their mobile number these days. There are two different ways of ending your contract. As I've said above.

    If you simply want to terminate the contract and have nothing more to do with the company, phone or number then you can simply cancel, normally in writing, but some will allow it over the phone or by email. You need to get confirmation that the cancellation notice has been received and acted on and then your notice period (normally 30 days) will kick in. At the end of that period, the sim will be deactivated and then your final bill produced.

    If, however, you wish to retain your number, you don't call up or write to say you want to cancel. You request your PAC. This is valid for 30 days. When it is used this then acts as a trigger for the losing company to create your final bill.

    This was brought in many years ago when OFCOM told the companies to make it easier to retain numbers. If you don't use the PAC the inference is that you have changed your mind and that you wish to stay.

    Incidentally, if you are out of contract and are looking for a better deal, one of the best ways of doing this is to request your PAC. The retentions department will ask why and you tell them that you want to seek out the best deal on the market. Normally they will work to retain you. This is because the UK market is a mature market. Nearly everyone that wants a mobile, has one, there is little new business to be had, the companies need to poach other providers customers to gain new business. It's far cheaper to retain a customer than to poach, so they will work to retain. If you really want to push the boundries, then reject their offers at that point and get your PAC. You will normally start getting calls a few days later to find out why you haven't used your PAC and what can they do to keep you. This is often when the very best deals come to the table.

    If you don't want to change, just don't use the PAC. You'll be no worse off, the contract will continue as before.
  12. These people might be usefull. CISAS
  13. In fairness, that is probably your first, best option. Just explain that you believed that you had cancelled and that no one explained that if the PAC wasn't used then the contract would continue. It's certainly believable and possible. If you are very lucky, they won't still have the recordings (don't know how long they are kept for). Work hard with them, but don't be overly pushy. Be very firm that no one told you. If you are positive enough and they can't prove otherwise then they should reduce the bill, feel free to say that you are prepared to go to OFCOM/Ombudsman. You will almost certainly have to go to a supervisor to get anywhere, so don't be put off.

    Even better is to do it via email or post

    Vodafone Customer Services
    Vodafone House, The Connection
    Newbury, Berkshire RG14 2FN

    Ensure that you keep a copy of your letter and get a proof of posting from the post office and then keep it.

    Don't bury your head in the sand, the only way forward from this is to take the fight to them. If you don't contact them, they will simply refer the debt back to the collectors. Again, don't be frightened. They can do nothing without court orders CCJ's etc. Even a CCJ doesn't go on your record unless you don't pay it!

    PM me if you really want more help
  14. Thanks for taking the time to type that lot but you really didn't address the question. :)

    I write and say that I want to cancel so send me my PAC as I want to keep the number. T
    hen for whatever reason dont use the PAC (go into hospital, loose my memory, join the Foreign Legion) this then seems to mean that the company can continue to take money off me despite the bit in the letter about wanting to cancel.