Unjust default on my name. Can I sue Vodafone Australia?
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In early 2009, I got one of those internet deals from Vodafone (Australia) where you get a Dell mini laptop for free. First of all, the keypad was faulty. Then a week later, the laptop would not even turn on! Went to the Vodafone shop at my local shopping centre only to be told that because I ordered it through the Vodafone website, they can't help me fix it. Which I thought a bit weird at the time. So I rang Vodafone to let them know what's going on. Vodafone customer care did not even know how to deal with the my inquiry. They don't even have a technician that would tell me what to do. If they provide internet connection/laptop deal, you'd think that they'd hire technicians to assist people with their troubleshooting. But there's no one that could help me. I was told to ring Dell instead! So I rang Dell. I was on the phone with them for at least an hour and a half. The first hour mind you, was pretty much begging them to help me because they couldn't find my name in the system. Which makes sense because I didn't buy the laptop from them! I got it from Vodafone! Anyway, after all that, the guy couldn't fix it. He said they will have to arrange a technician to come over. A week later, a technician from Dell came over. He could barely speak English and most annoying of all, could not fix the laptop! So, I ended up getting it fixed myself! Had to pay $180 to get the damn thing fixed! Which I shouldn't have had to because it was still under warranty with Vodafone. Laptop has been working fine until early-mid last year when the charger gave up on me. Remembering what I had to go thorugh the year before just trying to get the damn thing fixed. I didn't bother ringing Vodafone, I didn't bother getting a new charger. I left the laptop sitting in my bedroom not being used. Therefore, the internet is also not being used. So here's the fun part, because I was not using the internet and the fact that Vodafone could not give a damn thing about me, as a paying customer. I didn't see their montly internet bill as a matter of urgency. Which is probably the biggest mistake I've made. I didn't pay it for a few months. It accummulated up to $380. Until Vodafone submitted my account to a third party collector. I have made an arrangement with them that it will be paid in two installments. Which I have breach the agreement as I had other things to pay at the time and I didn't really have anything else after that. The third party collector agreed to make another payment arrangement. I have paid it in two installments, the last installment was on 17 November. But I found out yesterday that Vodafone have placed a default on my name at the end of October this year! Which I thought is very unjust! For a start, the internet was not being used for a whole freaking year so you'd think that they will give some consideration for that! And second, I was liaising with their third party collector at the time to finalise the account once and for all! I am definitely considering legal action against them! Would love to get some advise from people in Australia on how I go about it. The defauly on my name will sit there for the next five years! I have a little one and was planning to get a house next year so she can grow up in a much better place! Now, I'm not so sure that will still happen. An advise would be very much appreciated.
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Answer:
Contact the Telecommunications Ombudsman, it's free and there is information about what to do on the ACCC website: http://www.accc.gov.au/content/index.phtml/itemId/815400
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Other answers
Sounds like Optus!!!!!! Your hopes for financing a home are definitely screwed unless this mess is cleared up unfortunately. I went through a similar situation, but mine was when I tried to go wireless with Optus - even though I had been ADSL with them for a couple of years. The curry munchers on the other end of the phone just kept putting me through to some other non english speaking idiot that could not resolve the problem! MY record was being on 'hold' and/or getting transferred time and again - even getting cut off(hung up on I guess, as I was in the 'too hard basket') is 8hours 57minutes in one day!!!!!!! True! It took 2 seperate complaints filed with the Telecommunications Ombudsman to get some resolution. This was around 2 years ago. I only found out, when changing my current (not Optus) phone and internet provider just over a month ago, that I have a bad credit rating from Optus for the $5.oo monthly charge for a service I was never able to use - namely the mobile phone number that was supposed to be my wireless internet connection - which I cannot recieve, despite their BS when enquiring initally, as I am in a non-wireless area. You need to get on to the Ombudsman IMMEDIATELY. Pity you did not do so a long time ago. You also need to get hold of all of your internet accounts/records etc. (preferably before contacting Ombudsman so they don't disappear or something!) so you can prove that you did not have internet use. Get all an any records that you can.......for the computor, your telephone lists (available if requested if not sent monthly) to show what calls you made and when to your ISP, Dell, any PC repair place etc. etc. Get all of this together and get onto the Ombudsman as well as Fair Trading. One will ask if you have contacted the other. Tell them you are contacting both. Make sure you do! Also suggest you get a contact address for Dell and write to them. Make sure you let them know you are seriously unhappy and pissed off with the way you have been treated, the money and financial reputation/credit it has cost you, let alone the mental aggravation/frustration/trauma etc. and make it very clear to them that you are also going to contact the media eg. ACA and Today Tonight unless the entire matter is cleared up and your computor as well as your financial reputation are restored to shiny new condition!! With compensation as far as I'm concerned! You really need to get your records together as mentioned above, and have as much info (supported by paperwork) as possible.....then go into battle girl!! These big companies think they can screw us ordinary people over at their leisure. No wonder the evening news reports tell us from time totime that complaints to the Ombudsman have more than tripled in the last couple of years.....and are still increasing! So much for our so called politicians that are supposed to protect us. They just keep selling our childrens futures so their budgets look good! Really hope you come out on top here. As for suing, if you can prove and provide evidence for everything you have said here, you stand a good chance. Only problem is, even the 'No Win, No Pay' type solicitors will only take up the case if there is some big money in it for them. Our legal system is getting like, but fortunately is still not like, the USA! Still, you could always give a few a call and see what they have to say. Most are free to consult with no obligations. Good luck!
4allpups
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