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Vodafone.The most I can get in the small claims court?

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  • 21-05-2016 7:15pm
    #1
    Red for Danger
    Registered Users Posts: 128 ✭✭


    In recent weeks I'm having a terrible time with Vodafone. In April I discovered they were overcharging me €20 a month since Sept 2013. I've tried to find out why this happened as the way the overcharge came about seems to be very cynical. But I've got no answers.

    They have agreed that I'm due a €600 refund but that was 6 weeks ago! they won't send on the money and they refuse to say why their not handing it over. Just keep telling me I have to wait more time and depending on who you talk to at Vodafone the time frame changes.

    If I went through the small claims court could I get more that the €600 back? and if so how much? because at this stage even if I was given a cheque for 5k I'd still feel hard done by.

    The thing is, I've spend hours and hours on the phone to these people, sometimes I may start early in morning and the day would go by and at 8pm I might be no further along. I work for myself and it has already cost far more than €600 in lost earnings.
    It took about 5 days for them to agree to give me the money they stole back but what is causing most stress is, when the money doesn't come back to me on the date it is supposed to I've to go back on the phone for hours.
    I also tried to engage to people here on boards but haven't had any luck with them.


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    #2
    newacc2015
    Closed Accounts Posts: 2,379 ✭✭✭newacc2015


    The most you will get is the money they over charged. Did you pay by direct debit? Your bank can pull the money back AFAIK


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    #3
    Red for Danger
    Registered Users Posts: 128 ✭✭Red for Danger


    newacc2015 wrote: »
    The most you will get is the money they over charged. Did you pay by direct debit? Your bank can pull the money back AFAIK
    Yes paid by DD. I'm with aib, I'll look into that.


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    #4
    Red for Danger
    Registered Users Posts: 128 ✭✭Red for Danger


    What if I wanted to go outside the small claims court to get more than my €600 back, how would that work?

    What about a class action? I've already found two elderly people who have given up on getting their money back from Vodafone. If I actually went looking for more people I'm sure there is thousands.


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    #5
    whippet
    Registered Users Posts: 7,689 ✭✭✭whippet


    Red for Danger wrote: »
    What if I wanted to go outside the small claims court to get more than my €600 back, how would that work?

    What about a class action? I've already found two elderly people who have given up on getting their money back from Vodafone. If I actually went looking for more people I'm sure there is thousands.

    No such thing in Ireland as a class action.


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    #6
    TheDriver
    Registered Users Posts: 12,519 ✭✭✭✭TheDriver


    Your main focus should be getting the 600 back


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    #7
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    Red for Danger wrote: »
    What if I wanted to go outside the small claims court to get more than my €600 back, how would that work?

    You are due the refund of €600. So, that is what you can claim if you take a case to court. Why do you think you deserve more?


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    #8
    Terrontress
    Registered Users Posts: 3,900 ✭✭✭Terrontress


    Paulw wrote: »
    You are due the refund of €600. So, that is what you can claim if you take a case to court. Why do you think you deserve more?

    Because of the time he has spent pursuing them.

    Although if he is self employed, and the pursuit has cost him more than €600 in lost time, you'd wonder why he is continuing and not just concentrating on his business.


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    #9
    ytpe2r5bxkn0c1
    Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    Terrontress wrote: »
    Because of the time he has spent pursuing them.

    Although if he is self employed, and the pursuit has cost him more than €600 in lost time, you'd wonder why he is continuing and not just concentrating on his business.

    Yes, and I'll deduct for my time standing in the checkout queue the next time I'm paying for the groceries in Tesco. It doesn't work like that, as you and he both know.


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    #10
    testicles
    Closed Accounts Posts: 1,198 ✭✭✭testicles


    This post has been deleted.


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    #11
    Red for Danger
    Registered Users Posts: 128 ✭✭Red for Danger


    Paulw wrote: »
    You are due the refund of €600. So, that is what you can claim if you take a case to court. Why do you think you deserve more?

    I don't know if I'm entitled to more legally, I've gone into why "I think" I should/might get more above. I could go into it more but I was concerned if my post was too long it my turn off readers and someone with experience or advice in this area might not respond.


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    #12
    Red for Danger
    Registered Users Posts: 128 ✭✭Red for Danger


    Rayna Easy Thinner wrote: »
    Yes, and I'll deduct for my time standing in the checkout queue the next time I'm paying for the groceries in Tesco. It doesn't work like that, as you and he both know.

    but doesn't that depend on how long the queue is, I been standing in several queues, the one I find myself in now, has no end in sight


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    #13
    Red for Danger
    Registered Users Posts: 128 ✭✭Red for Danger


    Terrontress wrote: »
    Because of the time he has spent pursuing them.

    Although if he is self employed, and the pursuit has cost him more than €600 in lost time, you'd wonder why he is continuing and not just concentrating on his business.

    What would you do if you were me. Just leave it go!


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    #14
    ytpe2r5bxkn0c1
    Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    testicles wrote: »
    This post has been deleted.

    Show how it does, so.


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    #15
    Cabaal
    Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,497 Mod ✭✭✭✭Cabaal


    testicles wrote: »
    This post has been deleted.

    Actually it doesn't,
    I've handled complaints with regulator and also county court in the UK, while people do get payments for time spent in dealing with a complaint there's a very dim view taken on those that decide to apply their hourly work rate to their personal time.

    For example, I get paid 20e an hour as such I'm charging 20e an hour to my personal time in contacting a company,

    This is utter nonsense and I never entertained such stuff from customers, it was also extremely easy to argue against such calculations when defending a complain from a customer with third party body's.

    The OP could seek a goodwill gesture for their time, but claiming like above is just plain silly.

    If they want to go legal outside of small claims then grand, but nobody here can offer them legal advice in that regard


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    #16
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    Red for Danger wrote: »
    What would you do if you were me. Just leave it go!

    I think the consensus is that you go to the small claims court for your €600, and then get on with life. :rolleyes:


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    #17
    Red for Danger
    Registered Users Posts: 128 ✭✭Red for Danger


    Cabaal wrote: »
    The OP could seek a goodwill gesture for their time,
    Is that something I could ask Vodafone for myself or is it something I'd seek if going through the courts


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    #18
    L1011
    Registered Users Posts: 69,033 ✭✭✭✭L1011


    Red for Danger wrote: »
    Is that something I could ask Vodafone for myself or is it something I'd seek if going through the courts

    Ask yourself - the small claims court will not and cannot.

    You are unlikely to get anything other than possibly a small account credit


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    #19
    njs030
    Closed Accounts Posts: 4,030 ✭✭✭njs030


    Red for Danger wrote: »
    Is that something I could ask Vodafone for myself or is it something I'd seek if going through the courts

    Are you going to try and claim for the money you spend going to court too?


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    #20
    Red for Danger
    Registered Users Posts: 128 ✭✭Red for Danger


    notjustsweet wrote: »
    Are you going to try and claim for the money you spend going to court too?

    Don't know.

    I don't even know if I'll go through the courts yet.


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    #21
    Joseph
    Registered Users Posts: 1,521 ✭✭✭Joseph


    Red for Danger wrote: »
    at this stage even if I was given a cheque for 5k I'd still feel hard done by

    really


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    #22
    Red for Danger
    Registered Users Posts: 128 ✭✭Red for Danger


    Paulw wrote: »
    I think the consensus is that you go to the small claims court for your €600, and then get on with life. :rolleyes:

    I've never been to court nor have I ever had to take anyone to court, I've never even had to threaten court.
    I want nothing more than to get on with my life and put this behind but unfortunately for me this is life for me right now, I've done everything I can to resolve the matter, no matter what move I make they just won't let free of it.
    They just keep lying every word they say a lie. "Power to You" is a lie, we the customers have no power and they have made sure the have the upper hand at every turn.
    When I'm talking about courts I'm doing in an attempt to get away from the lies. Believe me the easiest way outta this, is what I want.


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    #23
    GreatDefector
    Registered Users Posts: 540 ✭✭✭GreatDefector


    Red for Danger wrote: »
    Don't know.

    I don't even know if I'll go through the courts yet.

    If you do, make sure it's no win no fee. You're going to need it


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    #24
    njs030
    Closed Accounts Posts: 4,030 ✭✭✭njs030


    Red for Danger wrote: »
    Don't know.

    I don't even know if I'll go through the courts yet.

    It was sarcasm. The point I was making was that you will spend a hell of a lot more going to court.
    Can you even go to court without attempting to get it back through the small claims court?

    Have you written to Vodafone asking for a cheque to cover the overcharged amount and included proof of the overcharging?


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    #25
    GreatDefector
    Registered Users Posts: 540 ✭✭✭GreatDefector


    Red for Danger wrote: »
    Believe me the easiest way outta this, is what I want.

    And you think the easiesr way is a long drawn out expensive case in a district court???

    Small claims court, €25... sit back relax and watch as VF come to you with a cheque. They all lived happily ever after. The end.


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    #26
    wokingvoter
    Closed Accounts Posts: 828 ✭✭✭wokingvoter


    GreatDefector wrote: »
    And you think the easiesr way is a long drawn out expensive case in a district court???

    Small claims court, €25... sit back relax and watch as VF come to you with a cheque. They all lived happily ever after. The end.

    OP take this as the very best advice your going to get. VF don't want to go to the small claims court.


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    #27
    garhjw
    Closed Accounts Posts: 1,424 ✭✭✭garhjw


    Contact COMREG


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    #28
    Red for Danger
    Registered Users Posts: 128 ✭✭Red for Danger


    notjustsweet wrote: »
    Are you going to try and claim for the money you spend going to court too?
    GreatDefector wrote: »
    If you do, make sure it's no win no fee. You're going to need it
    notjustsweet wrote: »
    It was sarcasm. The point I was making was that you will spend a hell of a lot more going to court.
    Can you even go to court without attempting to get it back through the small claims court?
    GreatDefector wrote: »
    And you think the easiesr way is a long drawn out expensive case in a district court???
    OK, you seem to be picking me up wrong.
    I know very little about legal matters, so early on I mentioned, "Class action" "going outside small claims" these were just some suggestions, I understand they were really far-out suggestions, I just threw them out there initially, I was only asking, as soon as those ideas were knocked on the head, I let it go and move on.
    I should've been clearer about that and pointed it out, and also in post 17 when I said "going through the courts" I should've said "going through small claims court" as that was my actual thinking. Sorry for the confusion, my bad.

    So just to be clear I am now considering 3 options.

    a)continue on dealing with vodafone i)1907, ii)here on boards

    b) comreg

    c) small claims court


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    #29
    padraig.od
    Registered Users Posts: 778 ✭✭✭padraig.od


    Is there any precedent for billing these companies for time spent talking to them for a problem that you did not cause? Or that are obviously caused by the companies own incompetence.


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    #30
    sunny2004
    Registered Users Posts: 2,538 ✭✭✭sunny2004


    Have you considered calling their head office and complaining about the call centre ?


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    #31
    my3cents
    Closed Accounts Posts: 9,764 ✭✭✭my3cents


    Red for Danger wrote: »
    OK, you seem to be picking me up wrong.
    I know very little about legal matters, so early on I mentioned, "Class action" "going outside small claims" these were just some suggestions, I understand they were really far-out suggestions, I just threw them out there initially, I was only asking, as soon as those ideas were knocked on the head, I let it go and move on.
    I should've been clearer about that and pointed it out, and also in post 17 when I said "going through the courts" I should've said "going through small claims court" as that was my actual thinking. Sorry for the confusion, my bad.

    So just to be clear I am now considering 3 options.

    a)continue on dealing with vodafone i)1907, ii)here on boards

    b) comreg

    c) small claims court

    You do all three, only for the dealing with vodafone you go and find their complaints procedure document and follow it through. Normally that involves making what is know as a formal complaint (use that form of words) which is an official complaint that can't be ignored. Then if they do nothing you go to comreg who may or may not resolve the issue for you and then if necessary you go to the Small Claims Court. Whole process takes inc SCC 2-3months. The reason for all the steps is that once you get to the SCC you have tried every other avenue open to you.

    The SCC only allows you to claim money you have paid out for goods or services so you cannot claim more than the €600 you are owed, however apart from time and a bit of effort the SCC only costs you the €25 court fee which you can't claim back if you win, however even if loose the case vodafone can't claim their costs. If you have a valid case the SCC is stacked in the consumers favour provided you don't jump to as the first option for every problem (not saying you would).


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