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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Took out a contract with Vodafone via Olive in March this year,

Resolved Question:

Took out a contract with Vodafone via Olive in March this year, no manuel comes with these contracts now, you have to keep looking for ages on line! couldnt understand most of how it worked so for the time being kept using the old Blackberry which was falling apart! carried the Galaxy around nevertheless until it was dropped one day and broke the screen so took it back to the shop where they sent it away for repair, eventualy picked it up in June but still carried on using the Blackberry then while unloading the car after returning from holiday late in the evening on the 22nd of September a hand luggage was stolen from the boot while my back was turned and the Galaxy was one of the contents! reported to police who said unlikely to be found but the bag was found by a member of the public and handed in, the Galaxy and a bottle of champagne were missing-gave the police reference number to both Vodaphone and Olive but they refused to replace it even though it was insured with them as they said I hadnt been using it! they said the sim wasnt in there but it was in there, they said it could have been sold soon after the contract was taken out!
There is still approx 18 months contract left at £37 per month but no phone! spoke to the insurers direct by the name of "Lifestyle Services Group" and they upheld the decision not to cover the loss under the insurance.
Situation now:
Need to keep the number, very important! so either suffer the taped up problesome Blackberry for the rest of the contract while paying £37 per month until March 2016 or:
Pay them approx £550 to terminate the contract and go somewhere else-cant really afford it and so unfair,
and I might add been a consistant customer of Vodafone for something like 15 years
I feel they are out of order...
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

What is it you want to achieve ?

Alex Watts :

You are locked in on a contract to the phone you have lost and the insurance wont pay out - is that right?

Customer:

Yes

Alex Watts :

I assume the insurance didn't pay out because they say that you should have kept an eye on it, ie in your control?

Customer:

No, they said it was because the sim wasnt in the phone but it was and also they said because the phone hadnt been in use, true! but the mobile number that the contract covers for the Galaxy is the one still being used in the Blackberry anyway

Customer:

I have to go out so will have to come back to this either later or first thing tomorrow

Alex Watts :

Ok - the SIM attached to the number you still have, so you want to keep the number.

Alex Watts :

I don't quite get what it is you want to achieve?

Customer:

I thought I had explained the position quite clearly-the phone is insured for theft yet the company will not replace it because they say it wasnt in use even though the number was, if we dont get a replacement it means paying the £37 per month for the rest of the contract and also having to pay the £550 for a new phone-is that fair? why should they get away with not replacing it the insurance was paid for the handset whether used or not!

Alex Watts :

Have you yet complained to the Ombudsman please?

Customer:

Which ombudsman?

Alex Watts :

I would go to the Financial Ombudsman. They regulate all insurers. They are free, independent and can examine your complaint for you. Their website is: www.financial-ombudsman.org.uk

Alex Watts :

If they do not uphold your decision then you can go to Court.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.



Can I clarify anything for you about this today please?

Customer:

You advocate a series of actions to take but dont say whether we have a good case against this decision

Alex Watts :

I think you have a 55% chance of winning

Alex Watts :

Does that help?

Ash and other Law Specialists are ready to help you