Wonderful Vodafone people.
Discussion
I deliberately witheld one months contract payment as everything with the service was basically crap!The payment i withheld was £21,that was it.I then paid one more month after this as it was the last month before my contract thankfully ended.They decide in their infinite wisdom to hit me out of the blue with a bill for £128?Basically,they were still billing me after the contract ended.
So,i then got an email from them in June(contract ended in April)saying that they were prepared to waive 50% of this £128 figure they had plucked out of their arse.One thing i didn't notice however is that at the very end of this overly long,rambling email it said i had to confirm i agreed for them to waive the 50%?Does the fact they actually decided to waive this 50% stick/stand up whether i confirm i agree to it or not?
The account has now been forwarded to a debt recovery agency,i explained about this waiving off the 50% to the debt agency,they agreed,and i have so far paid £40 off the 50% of the £128,so £24 to go to clear the debt.
So,i then got an email from them in June(contract ended in April)saying that they were prepared to waive 50% of this £128 figure they had plucked out of their arse.One thing i didn't notice however is that at the very end of this overly long,rambling email it said i had to confirm i agreed for them to waive the 50%?Does the fact they actually decided to waive this 50% stick/stand up whether i confirm i agree to it or not?
The account has now been forwarded to a debt recovery agency,i explained about this waiving off the 50% to the debt agency,they agreed,and i have so far paid £40 off the 50% of the £128,so £24 to go to clear the debt.
So, you unilaterally chose not to pay the fee that was agreed in your contract. They imposed a penalty for non-payment, probably in line with terms in the agreed contract, and then offered to reduce the penalty for prompt payment ? You failed to pay that, so the debt has now been passed on to an agency for collection and they seem willing to honour the Vodafone discount. You've paid part of it and have some still to pay.
(hint : http://www.vodafone.co.uk/about-this-site/terms-an... )
Not sure why you're asking us rather than the people you're paying.
(hint : http://www.vodafone.co.uk/about-this-site/terms-an... )
Not sure why you're asking us rather than the people you're paying.
An offer to forego part of a debt due is not binding on the party making the offer unless the party receiving the offer provides something of value in return, or unless the party receiving the offer acts in reliance on the offer in such a way that it would be unfair for the party making it to go back on it. The first scenario is a variation of the contract, the second is what is called an estoppel.
On the facts stated, OP, it appears unlikely that the offer made by Vodafone binds the company. I do not know, however, if the original debt claimed is validly claimed.
It is unlikely that Vodafone will pursue so small a debt, but you never know. Hell, Vodafone still owe me 500 quid for some advice I gave them about five years ago and I still get my clerk to send them the odd stroppy letter.
On the facts stated, OP, it appears unlikely that the offer made by Vodafone binds the company. I do not know, however, if the original debt claimed is validly claimed.
It is unlikely that Vodafone will pursue so small a debt, but you never know. Hell, Vodafone still owe me 500 quid for some advice I gave them about five years ago and I still get my clerk to send them the odd stroppy letter.
Edited by anonymous-user on Friday 5th September 08:11
Breadvan72 said:
An offer to forego part of a debt due is not binding on the party making the offer unless the party receiving the offer provides something of value in return, or unless the party receiving the offer acts in reliance on the offer in such a way that it would be unfair for the party making it to go back on it. The first scenario is a variation of the contract, the second is what is called an estoppel.
On the facts stated, OP, it appears unlikely that the offer made by Vodafone binds the company. I do not know, however, if the original debt claimed is validly claimed.
It is unlikely that Vodafone will pursue so small a debt, but you never know. Hell, Vodafone still owe me 500 quid for some advice I gave them about five years ago and I still get my clerk to send them the odd stroppy letter.
This OP.On the facts stated, OP, it appears unlikely that the offer made by Vodafone binds the company. I do not know, however, if the original debt claimed is validly claimed.
It is unlikely that Vodafone will pursue so small a debt, but you never know. Hell, Vodafone still owe me 500 quid for some advice I gave them about five years ago and I still get my clerk to send them the odd stroppy letter.
Edited by Breadvan72 on Friday 5th September 08:11
The reduction is not legally binding as you have not added 'consideration' in response to the offer of the reduction.
An example might have been them saying you get a 50% reduction if you pay within 14 days. If you responded and said that instead you would pay them 50% immediately (so the benefit of the faster payment), and they accepted, then this would be binding.
In terms of another stick to hit you with will be the Default on your credit record. Before you complete payment check and confirm that one has not been recorded with the 3 credit reference agencies, as if you pay your 50%, that would actually be recorded as Default which has only been partially settled - that's alarm bells to firms who are considering lending you money.
That will impact your credit rating for 6 years - despite the piddling amount.
OP, it seems a hell of a lot of hassle, on top of paying £64 instead of £21. You must have had a brain freeze moment to think that was a good idea, & I can't see how it is the fault of Vodafone you did this. Bad service of not it is never a good idea to do something in a fit of pique without consulting the terms of a contract.
Speedracer329 said:
OP, it seems a hell of a lot of hassle, on top of paying £64 instead of £21. You must have had a brain freeze moment to think that was a good idea, & I can't see how it is the fault of Vodafone you did this. Bad service of not it is never a good idea to do something in a fit of pique without consulting the terms of a contract.
Precisely. A number of year back, when applying for a mortgage I thought the quotes I was getting back were not great.
I then found two unsatisfied defaults on my credit record from a utilities supplier. Both were totally false. It took weeks of arguing with them and escalating the matter, and in fact paying a bill for £60 which wasn't even mine on the promise the default would be removed.
Not paying the last month of the credit agreement means a default for £21.
When your credit card companies review your record every few months they see that and proportion that risk to their interest rate. This explained why one of my credit cards had an interest rate jump by 10% in the space of a year. Then think adding 1% on the best mortgage rate you can get when you need a mortgage...
I wish somebody forced companies to include Service Level Agreements in their contracts, e.g. mobile phone, broadband, public transport etc.
If a plane is delayed or cancelled, you can be entitled to a refund.
So why should you not get one if your broadband is down, or your Tube line is suspended?
If a plane is delayed or cancelled, you can be entitled to a refund.
So why should you not get one if your broadband is down, or your Tube line is suspended?
Speedracer329 said:
OP, it seems a hell of a lot of hassle, on top of paying £64 instead of £21. You must have had a brain freeze moment to think that was a good idea
Do you 'really' think i wanted to pay £64(which was £128!) instead of £21,really??If a company says you owe £128 when you missed one £21 payment what am i meant to do?It was the penultimate payment i missed to the contract end date,i paid the last month.They then as i said continued to charge me monthly up until August or so,way past contract end date.I actually called Vodafone reminding them about the mail they sent me waiving 50% off the £128 they plucked out their arse,they acknowledge the email,i paid £40 off the remaining £64 and now,after another phone call they are completely disputing a)I cancelled the contract,and b)The fact i called them and they agreed to my £40 payment over the phone by card,and subsequently i was then owe £24,they are now saying i'm owe them £118??They are completely bloody useless!matrignano said:
I wish somebody forced companies to include Service Level Agreements in their contracts, e.g. mobile phone, broadband, public transport etc.
SLA said:
We will provide a good connection for 300 days per year.
Anything more than that is a bonus, less than that will be an 'Act of god' and so no compensation is payable.
Speedracer329 said:
OP, it seems a hell of a lot of hassle, on top of paying £64 instead of £21. You must have had a brain freeze moment to think that was a good idea, & I can't see how it is the fault of Vodafone you did this. Bad service of not it is never a good idea to do something in a fit of pique without consulting the terms of a contract.
Thought id give an update and quote from this particular post in particular.If Vodafone arent at fault im surprised that after a brief mention of Ofcom in an email to them they have now waive the whole lot,a new figure ive never heard before,£98.64??Result!Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff