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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I have a problem with the network provider Vodafone - and

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Hi, I have a problem with the network provider Vodafone - and I want to know whether it would be worth trying to pursue legal action against them. I have had no phone service for over a week now, which breaks their contract, and during this time I have spoken to people from vodafone every day and always been promised that it would be fixed and sorted by time X or within a day, and these promises have never come through. I have recently lost a significant amount of money through fraud on my bank account, and when speaking to the bank, they think that this might have been something to do with the issues with my phone and that my phone provider (vodafone) should have flagged this up before the fraud was able to occur. I feel like I deserve compensation from Vodafone, but I am wary that they are a large corporation with endless resources, and I am not - I would like some advice on the the best course of action if possible. Thank you!
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 1 year ago.
Have you formally complained to them?
Customer: replied 1 year ago.
Hi Ben, thank you. No, not formally, only in person
Customer: replied 1 year ago.
I wanted to know whether I had a legal case first
Customer: replied 1 year ago.
What would you suggest I do?
Expert:  Ben Jones replied 1 year ago.
How do you think the phone was linked to the fraud?
Customer: replied 1 year ago.
Lloyds (my bank) believe that a fraudster had done something called a SIM swap, or something similar, to effectively transfer the data from my SIM card onto a different phone and SIM card (of theirs) and use that to somehow access my online banking via the mobile app
Customer: replied 1 year ago.
Although that is just a possibility, as the fraud incident has not yet been fully resolved - but that was what Lloyds thought the problem might have been
Expert:  Ben Jones replied 1 year ago.
So you are seeking compensation for the fraud is that correct?
Customer: replied 1 year ago.
I am hoping to seek compensation for the breach of my contract with Vodafone (as they have not been providing me with the service that I am paying for), for the large inconvenience they have caused me, for the terrible customer service I have received from them, and potentially for there negligence allowing for fraud to occur. The money taken by the fraud has already been refunded by Lloyds.
Customer: replied 1 year ago.
I want to know whether this is a realistic goal
Customer: replied 1 year ago.
Might I be better trying to go through the small claims court? Paying a lawyer and taking vodafone to court? Or is it simply unrealistic to expect to win much from such a large corporation?
Expert:  Ben Jones replied 1 year ago.
Thank you so the breach of contract, the length of time you had no service, was a week is that correct?
Customer: replied 1 year ago.
10 days so far
Expert:  Ben Jones replied 1 year ago.
ok thank you. Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can, most likely later this afternoon. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. You could indeed try and claim that the provider has breached their contract with you because they are not providing you with the necessary service to be able to use your phone. It is of course possible that there will be network issues from time to time and we have all experienced lack of service at some point so that would not automatically result in breach of contract. However if this continues for an unreasonable period of time it could result in a breach. The issue is what you can pursue them for. Breach of contract compensates you for the actual losses suffered as a result of that. In your case you are paying for a service which you are not getting so you would expect to be reimbursed for the proportion of time where no service was available. If you pay £30 a month and have no service for 10 days, then that is equal to £10 so as you can see it won’t be very much. The other things you cannot really expect compensation, at least legally. Poor customer service, inconvenience, stress, etc are not compensated in law so going to court for these will not bring you much luck or money. They may compensate you personally as a goodwill gesture and to keep you happy as a customer but they do not have to. As to the fraud – negligence also only pays for actual losses incurred – so if the fraud had caused you losses you could have pursued them for these, but in this case it was refunded by the bank so no losses have been suffered. So as you can see getting compensation in these circumstances will be rather difficult but there are ways to try and pursue this for free and hope to get something out of it, rather than going to court. This is your basic legal position. I have more detailed advice for you in terms of the options you have to take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Expert:  Ben Jones replied 1 year ago.
Thank you. If you wanted to take the matter further then you have the following options open to you:· Initially you should pursue this directly with the carrier and follow their internal complaints procedure in full, all the way up to getting their final decision (http://www.vodafone.co.uk/vodafone-uk/forms/complaints/)· After that you can consider going to the Ombudsman for a free and impartial decision: Ombudsman Services CommunicationsPO Box 730WarringtonWA4 6HLPhone: 0330(###) ###-####(standard call charges apply)Fax: 01925 430 049 Email:***@******.*** · Finally, you have the right to go to court and if you are going to sue them for compensation in financial terms you can do this online via www.moneyclaim.gov.uk

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