How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Jamie-Law Your Own Question
Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 14846
Experience:  Solicitor
96104960
Type Your Law Question Here...
Jamie-Law is online now

I have discovered I have been paying the full £60pm for my

This answer was rated:

I have discovered I have been paying the full £60pm for my mobile phone (Vodaphone) since my contract ended in July 2019. It was set up via Carphone Warehouse through whom I got the handset.
Vodaphone refuse to take any responsibility saying it is a personal account and was up to me to check on the contact end date and change deal if I wanted.
Can I claim back any of the difference between what I paid and SIM-only contract for the same service? Thanks.

Hello my name is Jamie and I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

What is it you want to know about this today please?

Customer: replied 9 days ago.
I have discovered I have been paying the full £60pm for my mobile phone (Vodaphone) since my contract ended in July 2019. It was set up via Carphone Warehouse through whom I got the handset.
Vodaphone refuse to take any responsibility saying it is a personal account and was up to me to check on the contract end date and change deal if I wanted.
Can I claim back any of the difference between what I paid and SIM-only?

What does your contract say about whether they have to notify you?
Usually its up to you to change plans. I put a reminder in my phone.

Customer: replied 8 days ago.
I don’t think they have to but understand that Ofcom says they are supposed to. I realise this may not be legally binding but is there precedent for companies making some compensation or similar?

Small claims are nit binding and 99% of cases are not reported. Only high court matters and above are binding. So here the court wouldn’t be bound.

You need to write a letter, set out your losses and request compensation within 30 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 30 days warning before going to Court.

If they do not compensate 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 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7and 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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value, you would need representation for trial.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

 

 

If this answers your question could I invite you to rate me 3, 4 or 5 stars before you leave today?

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget as it is an important part of the online process! If you need anything further I am available for a follow up at no extra cost. Thank you.

Jamie-Law and other Law Specialists are ready to help you