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Vodafone / Lowell - received DSAR

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Vodafone / Lowell - received DSAR Empty Vodafone / Lowell - received DSAR

Post by Etiquette on Sun Apr 21, 2019 9:25 am

So Vodafone have replied to my DSAR.

They've literally given me my account notes, there's no account statements, no default notices, no recorded voice calls, just notes that were left on my account.

One note does validate my argument it states I was being transferred to speak to an agent to cancel my contract with no charge as I was getting poor network coverage.

The person I was transferred to has lied in their notes, it states that they informed me I can't cancel and only the tech support team have the authority to cancel service due to poor network and he stated he transferred me back to tech which never happened, I was told the account was being closed and I ended the call.

Their advisors have literally lied in half the notes about conversations we had, they are unable to supply the account statements apparently due to a change in systems they've lost this information and they're unable to supply a default notice so what right to lowell have to try and enforce this?


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Post by Mrblue on Sun Apr 21, 2019 9:51 am

Without a default notice, there is no proof that any payments have been missed for an alleged debt. As such, a Debt Purchaser cannot lawfully chase you for any outstanding payments.
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Post by Mrblue on Sun Apr 21, 2019 9:57 am

And I’m not sure what was in your DSAR letter to Vodafone but you could send them one final letter to say you have reason to believe some information is missing and that they are lawfully required to send you a copy of every document which includes your name or any other personal information (an account number is personal information). As such, they MUST send you statements not to mention anything else.

(My DSAR to a bank included all statements and other documents. The thing was literally inches thick...)

Then go on to say you will exercise your right to raise a complaint with the ICO for breaking the law (which they ai be if they again deny you access to ALL of your data).

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Post by daveiron on Sun Apr 21, 2019 10:18 am

Hi, How did you word your SAR ? Did you ask for ALL information they hold,if so this should include everything
doc's notes, emails, phone calls .When you send that letter make sure to include 'any and all' information.
They seem to be lacking valid proof of claim.

On another note I have just saved £417 that BT were billing me for .This was thanks to a truecall system I bought a few years ago.every call in or out for the past 4 years is recorded .So just on this one issue it has paid for itself several times over.Without the recordings I would have been screwed as every operator says something different.
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Post by Etiquette on Sun Apr 21, 2019 10:55 am

@daveiron wrote:Hi, How did you word your SAR ? Did you ask for ALL information they hold,if so this should include everything
doc's notes, emails, phone calls .When you send that letter make sure to include 'any and all' information.
They seem to be lacking valid proof of claim.

On another note I have just saved £417 that BT were billing me for .This was thanks to a truecall system I bought a few years ago.every call in or out for the past 4 years is recorded .So just on this one issue it has paid for itself several times over.Without the recordings I would have been screwed as every operator says something different.  

I used their website as they stated thats the fastest option to get a response it gave me options to select information I wanted rather than a "request all" kinda option but I did ask for bills, notes and phone calls.

They've given an official statement regarding the phone calls:

Call Recordings
You have asked for a copy of all recordings of calls that have taken place between yourself and our contact centres. Based on the information you provided we have not been able to locate any recorded calls in relation to your mobile telephone number above.
Please note that:
• We do not currently record 100% of calls to or from our contact centres, and that the call recordings we do have are only stored for a limited period of time. Those that are recorded are stored for a maximum of 24 months before automatic deletion, although most calls are deleted between 3 and 60 days after recording.

So that's dubious and so convenient for them.

I've responded to the email included with the pack they sent me to download which is: customerdataquery@Vodafone.com I've quoted the email I've just sent to them below:

Dear Parminder Singh Takhar,

You have not given me the recorded phone calls I have asked for under the pretence you no longer have them, yet those phone calls conveniently enough would contradict the notes left by your dubious contact centre employees.

I have requested all the monthly account statements for the mentioned account/mobile number to which has not been included, I want them from the date the account opened until the date the account was finally closed.

I also want a break down of charges, interest rates and itemised billing for any direct to bill or subscription purchases made.

I also want a copy of the default notice and all formal correspondence sent to myself via post and email to which none of this has been included.

This is very disappointing and seems as though VODAFONE are intentionally trying to obstruct myself from gaining the legal evidence I need to fight the alleged debt your company has sold and I am being harassed for by a DCA.

I will give you a time scale of a further 10 calendar days to respond with either:

A) A written confirmation stating you no longer hold any original information regarding how my account was billed, you hold no original copies of itemised bills for my account and that you also confirm that VODAFONE holds no original records for the default notice that should have been sent when the account was closed and prior to being sold to a debt collection agency. Furthermore you confirm VODAFONE has
unlawfully sold the debt without following legal due course and issuing a default notice to myself and also holds no original records for any correspondence sent to me via post.

B) Provide me with all the documentation I am requesting above, I want my account statements, I want itemised bills for every transaction relating to but not restricted to direct to bill charges and any subscription type purchases/services. I also want a copy of the default notice that should have been served when VODAFONE defaulted the account and sold it to a debt collection agency. I also want a copy of any and all formal correspondence VODAFONE sent to me via post.

If you can not provide the documents requested in option B) then VODAFONE has a responsibility to confirm the reason is because those documents do not exist or are no longer in your possession meaning you are unable to lawfully enforce any debt I allegedly owe.

Yours sincerely,

As a little success story I've just got two BT accounts taken off my credit file and a written letter from BT stating I owe them no money. rabbit

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Post by waylander62 on Sun Apr 21, 2019 6:54 pm

so no copy of any agreement ?
no terms and conditions ?
dont rely on a default notice winning any argument because mobile contracts dont come under the CCA

anything else ? any statement showing the amount lowell claim you owe them ? any notice terminating the contract ? also you want full assignment details along with a copy of the notice of assignment vodaphone sent you telling you they had sold the debt.

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Post by Etiquette on Sun Apr 21, 2019 9:51 pm

@waylander62 wrote:so no copy of any agreement ?
no terms and conditions ?
dont rely on a default notice winning any argument because mobile contracts  dont come under the CCA

anything else ?  any statement showing the amount lowell claim you owe them ? any notice terminating the contract ? also you want full assignment details along with a copy of the notice of assignment vodaphone sent you telling you they had sold the debt.
should I send a follow up email now stating I also want the full assignment details with a copy of the notice of assignment?

But in regards to your other questions, no literally nothing else. Just an opening letter explaining the phone calls couldn't be obtained and then a folder for "Siebel Notes" with a single PDF file that has notes on my account from 2014 up to the closure of the account and also up to 2019.

No account statements, no formal written or email correspondence evidence to suggest they ever even contacted me about the debt nor that they ever notified me that it had been sold. No account statements, no itemised bills that I requested, absolutely nothing but the notes on my account.

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Post by waylander62 on Sun Apr 21, 2019 11:04 pm

yes why not ask them for the assignment details and notice.

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Post by Etiquette on Wed Apr 24, 2019 8:43 am

Sent a follow up email requesting the additional info. They've told me a new SAR would need to be sent if I'm requesting further info? Surely this isn't correct and at this stage they are just hindering due process?

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Post by waylander62 on Wed Apr 24, 2019 9:11 am

it depends on the wording of your original SAR ? if you asked for everything then they should provide you with everything you could remind them of that

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Post by daveiron on Wed Apr 24, 2019 9:17 am

Just to add, If you did ask for ALL info remind them that you will be in contact with the ICO for failure to comply.
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Post by Etiquette on Wed Apr 24, 2019 9:24 am

Their shitty website clearly isn't compliant as it doesn't give an option to ask for everything. What is their formal written address for Vodafone for SARs?

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Post by waylander62 on Wed Apr 24, 2019 10:22 am

yes, always best to send a SAR via post, in fact i would recommend doing everything in writing

i dont know the address to send a SAR to for vodaphone, i would suggest sending it to head office it will be directed accordingly

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Post by Mrblue on Wed Apr 24, 2019 2:19 pm

Agree on both points made in the last post by Waylander62: everything in writing (emails and calls are NOT good) and if you send a DSAR to HO they will forward it onto the appropriate dept, so not to worry.

Also agree with DaveIron in terms of you forewarning them that you will contact the ICO. And I go further than that in the following scenario (my experience):

Despite the EU GDPR requiring that you provide all of your data with one month, it still might take you a few attempts (letters). But I make it explicitly clear in my second or third attempt that they have now broken the law (if a month has elapsed) and if they do not now fully comply, the ICO will be advised as much which will include my lawful right to claim financial compensation. They then usually buck up their ideas Wink


Last edited by Mrblue2017 on Wed Apr 24, 2019 2:24 pm; edited 1 time in total (Reason for editing : Expanded.)
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Post by Mrblue on Wed Apr 24, 2019 2:20 pm

(Also the first letter I sent to one particular bank tried to send me to all sorts of online links but I was having none of it... Again, they gave in and responded properly.)
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Post by Etiquette on Wed Apr 24, 2019 7:57 pm

DSAR sent. Will await for what they get back with before updating you all.

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