Mobile phone advice needed - what would you do?
Mobile phone advice needed - what would you do?
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Discussion

philoldsmobile

Original Poster:

524 posts

231 months

Monday 22nd February 2010
quotequote all

in december, my mobile phone contract was due renewal. As I had just moved (well, in april), I renewed at my new address. Up to this point, I had been paying my mobile bill using my debit card with no problems, but when they swiped it for I.D. it was refused. despite this initial sign of a problem, i renewed anyway.

In the middle of january, my first bill on the new contract arrived, due to be paid by the 26th Jan. on the 26th, I tried to pay using my debit card as usual, but I simply got an error message, saying to try later. this same situation occurred that evening, and both times I tried to pay the next day.

Finally on the 28th (now two days overdue) I tried repeatedly to pay using my card, both over the phone, and online, to no avail. after an hour long phone call, I paid using a bank transfer via faster payments, using instructions from vodafones call center (mobile in one hand to vodafone, and land line in the other to the bank at the same time)

a few days later I received a text from vodafone saying my account was overdue. I phoned them again, and they assured me the payment would show up, in the meantime my bank confirmed the payment had cleared, and to boot, the debit card payments were not refused by them, rather vodafone hadn't even requested them.

a couple of days later I receive a text from vodafone saying I would be cut off if I do not pay. during a long drawn out phone call with a rather hopeless call center agent, he insisted I hadn't paid, despite the fact I had no fewer than five emails confirming my payment. Eventually I had to drive to the vodafone store in MK, where I gave them copies of the emails, and a copy of my bank statement confirming the payment had cleared.

To his credit, the manager did everything possible, and reset my balance to zero, stating when the payment is cleared, it should be considered compensation. To date, the payment has not been credited. After an hour on the phone to the bank this morning, I managed to get a transaction I.D. (huge number, about 25 digits long) that would allow vodafone to trace my money, and credit it to my account.

After spending the entire day (great day off eh?) on the phone to vodafone, they still refuse to allow me to speak to anyone that is in a position to actually trace the transaction and credit the money to my vodafone account. I now have a new bill for £30.50 and am refusing to pay it on account of them currently owing my account £45.62, effectively negating this months bill, and leaving a credit of £15.12 towards next months bill.

As they are not seemingly capable of processing my payments in an effective manor, am I within rights to return the sim, and declare the contract null and void? also, would I be within rights to claim further compensation from them? I have now lost another day due to their inability to handle my complaint. It is worth noting that on three occasions today they have taken my number, and said a manager will call me back in the hour. this has not happened.

I don't want anything more to do with vodafone, is there any way I can get out of the contract on legal grounds due to unacceptable service?

Soovy

35,829 posts

295 months

Monday 22nd February 2010
quotequote all
philoldsmobile said:
I don't want anything more to do with vodafone, is there any way I can get out of the contract on legal grounds due to unacceptable service?
No chance. This is not a material breach giving rise to a right to terminate.


You paid late, and you want to terminate THEM?!


You have already wasted a day off over £40. Move on, mate.




Edited by Soovy on Monday 22 February 17:42

philoldsmobile

Original Poster:

524 posts

231 months

Monday 22nd February 2010
quotequote all
no I didn't pay late, their issues prevented me from paying, i attempted to pay on time.


Soovy

35,829 posts

295 months

Monday 22nd February 2010
quotequote all
philoldsmobile said:
no I didn't pay late, their issues prevented me from paying, i attempted to pay on time.
But you paid late.

Sorry, zero chance of any comeback.


Move on.

This is not a "material breach" in law, and you can't terminate.

philoldsmobile

Original Poster:

524 posts

231 months

Monday 22nd February 2010
quotequote all


I didn't pay late, they refused to accept my payent, as they are not allowing me to pay in the manor I wish (that they claim I can use) therefore they have mis sold the contract.



Edited by philoldsmobile on Monday 22 February 17:55


Edited by philoldsmobile on Monday 22 February 17:56

Soovy

35,829 posts

295 months

Monday 22nd February 2010
quotequote all
philoldsmobile said:
do you work for vodafone?

i didn't pay late, they refused to accept my payent, as they are not allowing me to pay in the manor i wish (that they claim i can use) they have mis sold the contract.
FFS, no, I'm a commercial lawyer, as it happens.


If you refuse to pay, they will put a black mark on your credit record. Pay it and move when your contract is finished. It's just not worth the aggravation.

The phone works, they've provided you with the airtime. This is a spat over payments which is not a material breach. You can't terminate.





Edited by Soovy on Monday 22 February 17:58

philoldsmobile

Original Poster:

524 posts

231 months

Monday 22nd February 2010
quotequote all
if someone attempts to pay on time, and the business refuses to accept their payment, how is that late? this is entirely vodafones fault.

Soovy

35,829 posts

295 months

Monday 22nd February 2010
quotequote all


See below.

You can't terminate. End of story.


Chalk it down to experience and move when your contract expires. This is not worth the pain and aggravation.



philoldsmobile

Original Poster:

524 posts

231 months

Monday 22nd February 2010
quotequote all
a key point to me signing the contract was the ability to pay via a debit card, at this point in time this is not possible, so they miss sold the contract - I would NOT have signed if debit card payment was unavailable.

also, they have failed in their duty of care to the customer - you dont just pay for airtime, you pay for all aspects of customer service - this has not been delivered.



Ordinary_Chap

7,520 posts

267 months

Monday 22nd February 2010
quotequote all
philoldsmobile said:
a key point to me signing the contract was the ability to pay via a debit card, at this point in time this is not possible, so they miss sold the contract - I would NOT have signed if debit card payment was unavailable.

also, they have failed in their duty of care to the customer - you dont just pay for airtime, you pay for all aspects of customer service - this has not been delivered.
I think you're a lost cause if you won't listen to the two qualified lawyers on here giving you some free advice.

philoldsmobile

Original Poster:

524 posts

231 months

Monday 22nd February 2010
quotequote all
i'd just like to hear something a bit more in depth than "no chance"

what about the point of miss-selling?

what about the lack of customer service?

what about the failure to honor the compensation agreement?

what about the inability to speak to a manager or supervisor?

do you not feel there has been a substantial breach of service by vodafone? they are obligated via their own contract to provide customer service.

Edited by philoldsmobile on Monday 22 February 19:34

philoldsmobile

Original Poster:

524 posts

231 months

Monday 22nd February 2010
quotequote all
so what do you suggest i do?

surely I am due some compensation for the huge amount of time I have had to invest in sorting out vodafones mistake (remember, this all grew from a mistake by their call center giving me incorrect information on setting up faster payments)

why did their accounts department not do this themselves? also, now i am providing them with absolutely all the information they need to find the money missing from my account, is it not reasonable they should take suitable action?




philoldsmobile

Original Poster:

524 posts

231 months

Monday 22nd February 2010
quotequote all
even if they do not cancel the contract (although i still feel they should on grounds of unacceptably poor service) they should at least credit the money to my account?

wolf1

3,091 posts

274 months

Monday 22nd February 2010
quotequote all
philoldsmobile said:
i'd just like to hear something a bit more in depth than "no chance"

what about the point of miss-selling?

what about the lack of customer service?

what about the failure to honor the compensation agreement?

what about the inability to speak to a manager or supervisor?

do you not feel there has been a substantial breach of service by vodafone? they are obligated via their own contract to provide customer service.

Edited by philoldsmobile on Monday 22 February 19:34
What about just setting up a direct debit to cover the phone bill and have done with it? Works wonders for millions of others.

Compensation? Get real it was a day off so what do you want them to do? Should Vodaphone ring your employer and book you a replacement day off?

Should the posters who have used their free time to point the obvious out to you be compensated for their time?

philoldsmobile

Original Poster:

524 posts

231 months

Monday 22nd February 2010
quotequote all
I'm paid weekly, so it was a key point to me that I be in control of when i pay, therefore I will not set a direct debit. if I were paid monthly it would be the obvious way, but as you get about two weeks prior notice, it allows me to choose what payment date is suitable to me.




philoldsmobile

Original Poster:

524 posts

231 months

Monday 22nd February 2010
quotequote all
had some much more encouraging leads elsewhere..

thanks anyway.

I'll let you know the outcome.

Edited by philoldsmobile on Monday 22 February 20:40

Soovy

35,829 posts

295 months

Monday 22nd February 2010
quotequote all
Phil.

You've now had at least 250 quids worth of free advice from one senior solicitor and one barrister.

Please take it. You can't terminate.

Just because you're not hearing what you want to hear. Take you fingers out of your ears mate.

They haven't breached the agreement in such a way as you can terminate. Please please please leave it.


In the alternative, good luck with the strokers on moneysupermarket.com who spoke to someone in the pub who knows a bit about the law.

roflroflrofl

Edited by Soovy on Monday 22 February 20:45

FourWheelDrift

91,955 posts

308 months

Monday 22nd February 2010
quotequote all
Soovy said:
Phil.

You've now had at least 250 quids worth of free advice from one senior solicitor and one barrister.

Please take it. You can't terminate.
Just don't try and bill him. smile

Soovy

35,829 posts

295 months

Monday 22nd February 2010
quotequote all
FourWheelDrift said:
Soovy said:
Phil.

You've now had at least 250 quids worth of free advice from one senior solicitor and one barrister.

Please take it. You can't terminate.
Just don't try and bill him. smile
No doubt he'll claim he doesn't have to pay me because I didn't tell him what he wanted to hear.


FFS!

rofl

Soovy

35,829 posts

295 months

Tuesday 23rd February 2010
quotequote all
philoldsmobile said:
surely I am due some compensation for the huge amount of time I have had to invest in sorting out vodafones mistake
rofl