Vodafone court action, & solicitors

cookie1977

The only things is that if you ever wanted to use vodafone again you'd have to pay off the debt to them before they'd accept you as a customer.

stevenk240

I am after getting the exact same string of letters over a 115 euro outstanding debt from vodafone. I moved to eircom 3 months before my vodafone contract was due to end because of a very low speed something like 2 mbps when i was paying for 24mbps. What proceedings will be taken against me and am I required to pay because vodafone breached the contract first by not supplying the advertised speed? Also if i call vodafone would they give me some sort of a discount for paying the outstanding bill?

RangeR

stevenk240 wrote: »

I am after getting the exact same string of letters over a 115 euro outstanding debt from vodafone. I moved to eircom 3 months before my vodafone contract was due to end because of a very low speed something like 2 mbps when i was paying for 24mbps. What proceedings will be taken against me and am I required to pay because vodafone breached the contract first by not supplying the advertised speed? Also if i call vodafone would they give me some sort of a discount for paying the outstanding bill?

I don't know how debt collectors work. there is advice above but you should be warned against taking legal advice from an internet forum. Although, the general consensus is that you may be fine if you don't engage.

The bones of this is though, is it can be claimed by Vodafone that you broke contract. You can't just walk away from commitments regardless on how they are rationalised. You should have made formal complaints against Voda and had concrete, documented proof that they were in breach of a service agreement. Once they allow early termination, you can easily move on.

Femme_Fatale

Wish there could be a stop put to the "It doesn't matter if you owe money for a service you used, don't bother paying it" posts on this forum. :-/
Some people actually believe it's an injustice for them to be chased up for money they owe.

And the "advice" about "You have no need to engage with the agency" - lies. Barstool law. The company appoints the agency to act on its behalf - it's really basic stuff.
At least tell them to check their contract first before just spouting misinformation.

Fred Swanson

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Femme_Fatale

Fred Swanson wrote: »

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Yes it is.

Can you quote statutes where you are obliged to deal with an unregulated tin pot agency?

Company appointing agency to act on its behalf.

Fred Swanson

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Femme_Fatale

'Tis a qualified barrister and a practising solicitor I asked for clarification on this. "Barstool law" is what one of them said.
You can pretend to yourself, in order to legitimise not paying money owed, all you like that they're not legit. but that doesn't make it so.

Melendez

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Fred Swanson

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Femme_Fatale

How are they unregulated when they are appointed by the company to act on their behalf? I know it's an inconvenient truth but that doesn't change it.

Fred Swanson

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Femme_Fatale

Companies who appoint them as agents, like TV companies and telecomms, are hardly not going to do background checks and consult with their legal teams.

If the debt of a customer who didn't bother paying for a while (oh the poor victim according to some) has been transferred to the agency, then the originator can't actually discuss it with them, seeing as it's not on their system any more. So why do people say "Don't discuss it with the agency - your contract is with the company" when it can no longer be discussed with the company, and when the company has appointed them as their agent, therefore the contract IS with them.
I guess fallacies/inaccuracies are allowed here (they shouldn't be IMO) but they should not be presented as fact to trusting people. That's irresponsible.

leinsterdude

But in fairness if they advertise ten megabits and you get one this is unfair, and false advertising, that's not to mention the frustration of using a poor service... I agree on paying bills, but if the service is soooo bad they should feck off and cut losses from their side....,is it fair to take me to court for €100 ? Def not, will fight this to the last.

Femme_Fatale

Check the T&C though. There could be something in there that covers them in this regard.

leinsterdude

I know ther terms and conditions do cover them, but can you not plead to a judge your issues that were not adressed ? Not a service that was up to what the advertised product was to be.....big company with ts&cs robbing you ?

dudara

leinsterdude wrote: »

I know ther terms and conditions do cover them, but can you not plead to a judge your issues that were not adressed ? Not a service that was up to what the advertised product was to be.....big company with ts&cs robbing you ?

You'd probably be asked what steps you took with the provider to resolve the issue, ie did you contact technical support, did you escalate the issue, make a formal complaint etc.

leinsterdude

and the answer would be yes, but I don't have proof as was all phoned in.......but genuinely diid complain first

Nody

leinsterdude wrote: »

and the answer would be yes, but I don't have proof as was all phoned in.......but genuinely diid complain first

You need to have a history of complaints and failed attempts of fixing over at least a few months ; calling in once and complaining is not enough. Also the service is up to 10; it's up to 10 for a reason which is most will not get it...

leinsterdude

anyone been or know someone actually taken to court ? there must be somebody or else it is an idle threat ?

Fred Swanson

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leinsterdude

Anyone been to court though ?

Fred Swanson

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L1011

Femme_Fatale wrote: »

Company appointing agency to act on its behalf.

That's a statement, not the actual law you were asked to provide.

leinsterdude

mmm <SNIP>s they are offering a crap product, imagine Ford saying you get 50 mpg but then you get 18 mpg ? would be uproar, but yet we accept these providers messing us up and overcharging...

Onthe3rdDay

Femme_Fatale wrote: »

Companies who appoint them as agents, like TV companies and telecomms, are hardly not going to do background checks and consult with their legal teams.

Bless you and your trust in Irish Companies!

Femme_Fatale

Well go on, give us examples of Irish companies breaking the law transparently? Anglo tried to do it under the radar.

I'm not saying it's because they're good caring companies, it's because they aren't in a position to screw up legally/PR-wise.

kryogen

I am currently ignoring letters and refusing to discuss the matter with a second debt collection agency from Vodafone (first one has apparently given up/been replaced)

I had a huge problem with them and willingly broke my contract though I probably shouldnt have, heat of the moment thing on the phone with a very irritating operative. He informed me that I could break the contract but the balance 160euro would be added to my account and have to be paid

Fine, I would have probably ended up paying that after calming down, I told him to just send me the details and close the account, a few weeks later a letter arrives telling me I owe them 250euro, I ring them, explain the original contract had 8 months left, which was 160euro (20 per month) They said they were going to charge a penatly, I told them they wouldnt be getting it as it hadnt been mentioned when I said I was cancelling, that I would just have to pay the balance of the contract. A bit of arguing back and forth and I told em to get stuffed basically, wasnt paying 250

Fast forward a few months and I am contacted by some agency saying they have been asked to collect the money, this time the bill is coming in at 300+ as they have to take into account their own costs etc, they gave me 14 days to pay in full or they would take me to court, I told them I would be having nothing to do with them and if they wanted to take me to court then good luck to them, they obviously had my address to send me a summons.

No further contact, then just after christmas another agency contacted to say the same basically, bill is pretty much the same and the threat is the same, pay or go to court and incur possible further fees, bad credit, name in the paper, all the usual. Tell them the same, get lost or I will happily see them in court. Havent heard anything for a few weeks, I am quite stubborn by nature but there is no way I am paying the bill + 100% extra for the privelage of having debt collectors contacting me!

Must check the terms and conditions actually, are Vodafone actually legally entitled to share your details with a third party in that way?

I would have paid the original bill, let me be clear on that, I did not plan on just breaking my contract and not paying for it, I just wanted out. I do not like feeling like they are trying to rip me off though and short of a court order compelling me to do so they wont be getting a penny now tbh

Whats the general consensus here on that? Should I just swallow, ring them, explain things again and state I am willing to pay the 170 in full there and then but no other bull**** or just brazen it out at this stage and see what happens?

Fred Swanson

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Femme_Fatale

kryogen wrote: »

I am currently ignoring letters and refusing to discuss the matter with a second debt collection agency from Vodafone (first one has apparently given up/been replaced)

I had a huge problem with them and willingly broke my contract though I probably shouldnt have, heat of the moment thing on the phone with a very irritating operative. He informed me that I could break the contract but the balance 160euro would be added to my account and have to be paid

Fine, I would have probably ended up paying that after calming down, I told him to just send me the details and close the account, a few weeks later a letter arrives telling me I owe them 250euro, I ring them, explain the original contract had 8 months left, which was 160euro (20 per month) They said they were going to charge a penatly, I told them they wouldnt be getting it as it hadnt been mentioned when I said I was cancelling, that I would just have to pay the balance of the contract. A bit of arguing back and forth and I told em to get stuffed basically, wasnt paying 250

Fast forward a few months and I am contacted by some agency saying they have been asked to collect the money, this time the bill is coming in at 300+ as they have to take into account their own costs etc, they gave me 14 days to pay in full or they would take me to court, I told them I would be having nothing to do with them and if they wanted to take me to court then good luck to them, they obviously had my address to send me a summons.

No further contact, then just after christmas another agency contacted to say the same basically, bill is pretty much the same and the threat is the same, pay or go to court and incur possible further fees, bad credit, name in the paper, all the usual. Tell them the same, get lost or I will happily see them in court. Havent heard anything for a few weeks, I am quite stubborn by nature but there is no way I am paying the bill + 100% extra for the privelage of having debt collectors contacting me!

Must check the terms and conditions actually, are Vodafone actually legally entitled to share your details with a third party in that way?

I would have paid the original bill, let me be clear on that, I did not plan on just breaking my contract and not paying for it, I just wanted out. I do not like feeling like they are trying to rip me off though and short of a court order compelling me to do so they wont be getting a penny now tbh

Whats the general consensus here on that? Should I just swallow, ring them, explain things again and state I am willing to pay the 170 in full there and then but no other bull**** or just brazen it out at this stage and see what happens?

Pay them the €170 - that still stands. Write to them disputing the remainder, requesting a detailed breakdown.

kryogen

Femme_Fatale wrote: »

Pay them the €170 - that still stands. Write to them disputing the remainder.

I have offered the 170 though, they have said, A they want 250 and then B it has been passed on to a third party and I have to deal with them

I told them this is not true and the agent said that was all he could say on the matter. Obviously ringing again and talking to someone else could very well lead to a different outcome!

I wont be paying anything above what I owe, which is 170, and I will go to court for that if needs be.

Femme_Fatale

kryogen wrote: »

I have offered the 170 though, they have said, A they want 250 and then B it has been passed on to a third party and I have to deal with them

I told them this is not true and the agent said that was all he could say on the matter. Obviously ringing again and talking to someone else could very well lead to a different outcome!

"Obviously"? What that telephone agent said is very standard.
The stuff about "You don't have to deal with the collection agency" is a myth. Seriously. The agency is appointed by the company to act on its behalf. Perfectly legit. Nothing to see here.
I am not trying to be unpleasant (which is how reality is always taken on this forum) btw, I am actually trying to advise.
Maybe send in a draft for the €170. If you're willing to pay it, may as well pay it now - it can only help your case.

flutered

your contract is with the fone company, not the collection agency, i was in a somewhat similar position some time back, i contacted the people that i had the contract with, i claimed that i had no contract with the collection company, as advised by the family solicitors, nb, always use the term family solicitors, not by a solicitor, it took a while but eventually they agreed with me, i offered to pay the amount which was due before it blew up into a three way arguement, eveentually they accepted that amount, yes they will try to put the squeese on you, yes they dont give a fcuk how the money is collected, the larger the amount the better, directors require money, shareholders require dividends, profit is the end game, regardledd of how it is aquired.

kryogen

Femme_Fatale wrote: »

"Obviously"? What that telephone agent said is very standard.
The stuff about "You don't have to deal with the collection agency" is a myth. Seriously. The agency is appointed by the company to act on its behalf. Perfectly legit. Nothing to see here.
I am not trying to be unpleasant (which is how reality is always taken on this forum) btw, I am actually trying to advise.
Maybe send in a draft for the €170. If you're willing to pay it, may as well pay it now - it can only help your case.

Yes obviously, it is quite normal to get differing responses from different agents of the same company so obviously a different one could tell me something else.

I didnt say anything about not having to deal with the debt collectors, I am saying I wont be dealing with them, I have told them simply this, piss off or take me to court, in nicer terms of course. Thats about all I am willing to discuss with them, so there is my choice. I wont deal with them.

Whatever the legal implications of whether debt collection agencies are legit or not is neither here nor there with me, I wont be dealing with them or paying their additional fees. If they want to bring me to court for that then thats their choice I suppose.

Femme_Fatale

kryogen wrote: »

Yes obviously, it is quite normal to get differing responses from different agents of the same company so obviously a different one could tell me something else.

It's so, so standard to say "It's moved from our system now so we can't discuss it" in this situation though.

kryogen

Femme_Fatale wrote: »

It's so, so standard to say "It's moved from our system now so we can't discuss it" in this situation though.

I dont dispute that

Fred Swanson

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Femme_Fatale

leinsterdude wrote: »

mmm <SNIP>s they are offering a crap product, imagine Ford saying you get 50 mpg but then you get 18 mpg ? would be uproar, but yet we accept these providers messing us up and overcharging...

It's not anyone accepting anything that's not legit. Terms and conditions have to be read through with a fine-tooth comb.

leinsterdude

Terms in small print are unfair, offering a service not as described unfair, large internet service providers taking the piss, <SNIP> people.

Fred Swanson

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RangeR

leinsterdude wrote: »

Terms in small print are unfair, offering a service not as described unfair, large internet service providers taking the piss, <SNIP> people.

They are not <SNIP> people. It's not a case of "not fair". If you are not getting the service that was promised, go through their problem resolution and if it can be proved they should let you walk away. Don't just stop paying.

leinsterdude

Not that simple, complain to them and nothing happens.....they leave you no choice, either pay for poor quality or leave, if you leave and do not jump through ten hoops they stick it to you.....

RangeR

leinsterdude wrote: »

Not that simple, complain to them and nothing happens.....they leave you no choice, either pay for poor quality or leave, if you leave and do not jump through ten hoops they stick it to you.....

With respect, your are not complaining the right way. Do you have a specific issue with them. Would you like assistance in getting it resolved?

leinsterdude

Too late they are threatining court, will meet them there...

Fred Swanson

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leinsterdude

I hope your right......still no reply from anyone who has been there, a good sign I hope.

flutered

if you get a court date, then send a token payment to vodafone, the court date will then have to be cancelled by them, as they cannot take you to court for an amount which you do not owe.

Fred Swanson

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yeayeayea

I just got a "draft claim notice" from Hugh J Ward on behalf of vodafone over a 850.00 bill that I never paid. I would be more then happy to go to court over this "bill" that they think I owe them. This is a long standing feud where they never kept up with there part of the deal and over charged me multiple times.

I eventually had enough with speaking to there poor customer service team and explaining myself over and over again so I stopped using the phone. My question is has anybody actually recieved one of these draft claims before and if they did did it go to court?

Fred Swanson

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