Mobile phone advice - what would you do?

philoldsmobile · February 22, 2010, 12:14:54 PM

ok, situation is as follows.

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?

Gator · February 22, 2010, 12:38:53 PM

never get involved in anything with contracts if you can help it, pay as you go

Rob · February 22, 2010, 03:32:17 PM

Quoting: philoldsmobile

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?

They are supposed to keep their end of the contract and provide a service to you. Sales of Goods and services act 1982.

http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38337.html\" target=\"_blank\" rel=\"nofollow\">http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38337.html

philoldsmobile · February 22, 2010, 03:39:31 PM

ooh, good info!

Fieldy · February 22, 2010, 05:53:31 PM

1st mistake, signed with Vodafone

Quoting: Rob

They are supposed to keep their end of the contract and provide a service to you. Sales of Goods and services act 1982.

The link by rob is your friend

Incursus · February 23, 2010, 02:33:15 AM

Quoting: Fieldy

1st mistake, signed with Vodafone

(Though I can't remember why I hate Vodafone. Probably from when I worked for one2one)

2nd mistake, not using a Direct Debit like normal people

Kenny · February 23, 2010, 02:43:17 AM

Quoting: Incursus

and not using a Direct Debit like normal people

Over the years I've been with all the major providers and never had a problem using DD. But many times (in fact most times) I've had problems with them using my debit/credit card to verify my identity!

Oddly, whenever i have used a broker (cpw, phones4u, etc), there has never been a problem... it's only when interacting with the networks themselves. hmm... come to think of it, its probably not that odd. brokers are there to make dealing with big corps easier.

Fieldy · February 23, 2010, 03:25:49 AM

Quoting: Incursus

2nd mistake, not using a Direct Debit like normal people

It's just easier and you get legal confirmation of payment immediately.

Roadkill · February 23, 2010, 04:59:04 AM

I use O2 - and am on a contract and pay by DD.

No problems.

Fieldy · February 23, 2010, 05:03:31 AM

Quoting: Roadkill

I use O2 - and am on a contract and pay by DD.

+1

I actually love being on o2, customer service is great too

Cunning Plan · February 23, 2010, 05:42:29 AM

Quoting: Gator

never get involved in anything with contracts if you can help it, pay as you go

O2 do a month-by-month tarriff, where there is NO contract, but you pay by DD. If you fail to pay, they cut you off. Simple. Pay again and they reconnect you.

I pay £20 a month and get unlimited data, 500 or 800 texts I forget and a load of free minutes.

I text ALOT, but never really go above the free allocation, if I do it's only by a quid or something..

Fieldy · February 23, 2010, 05:45:39 AM

Quoting: Cunning Plan

O2 do a month-by-month tarriff, where there is NO contract, but you pay by DD. If you fail to pay, they cut you off. Simple. Pay again and they reconnect you.

'rolling contract' i think it is called

Roadkill · February 23, 2010, 05:52:25 AM

Quoting: Cunning Plan

O2 do a month-by-month tarriff, where there is NO contract, but you pay by DD. If you fail to pay, they cut you off. Simple. Pay again and they reconnect you.

Yup - that's what I'm on.

ianjpage · February 23, 2010, 05:53:05 AM

Quoting: Fieldy

Quoting: Roadkill
I use O2 - and am on a contract and pay by DD.

Jamieg285 · February 23, 2010, 06:04:34 AM

:+3:

Roadkill · February 23, 2010, 06:19:27 AM

Damn. Need a plus 3 smiley now.

ianjpage · February 23, 2010, 06:27:06 AM

Quoting: Roadkill

Damn. Need a plus 3 smiley now.

lol only just realised we had a plus two one lol!

Cunning Plan · February 23, 2010, 06:32:52 AM

Quoting: Roadkill

Damn. Need a plus 3 smiley now.

Done for you just now:

Titsy · February 23, 2010, 07:03:41 AM

Quoting: Cunning Plan

Done for you just now:

FUBAR · February 23, 2010, 07:32:11 AM

1 Question,
(obviously without putting any details on open forum)

You say that you signed your Phone contract where you are living now, What kind of a credit trace is there of you @ your current address?

Just thinking with my Fraud hat on that if all your other accounts (including the one you are paying from) are still registered at your last address and you are not currently on the voters roll where you are living now it is possible that the activity on your bank account linked to a new Phone contract at an unknown/unlinked address has hit Fraud prevention triggers on your bank's systems.

On a separate note have you tried things like Citizens advise or the industry ombudsman? (OFFCOM???) normally threatening them with the ombudsman will get them moving :)

Andy · February 23, 2010, 07:43:35 AM

Quoting: Titsy

(OFFCOM???)

Ofcom probably wouldn't want to know as although it's a communications company, the communication side is not the problem.

The FOS are the people who get stuck inbetween if you have a complaint that isn't going anywhere. Their advice is always try to resolve it yourself and use them as a last resort. Though that can prove you mean business by getting them to send a friendly letter saying they will be getting involved if they don't sort it out.

http://www.financial-ombudsman.org.uk/\" target=\"_blank\" rel=\"nofollow\">http://www.financial-ombudsman.org.uk/

FUBAR · February 23, 2010, 07:44:21 AM

Quoting: Andy

The FOS are the people who get stuck in

Thats who I was trying to think of

art b · February 23, 2010, 08:28:51 AM

Quoting: FUBAR

Just thinking with my Fraud hat on

tbh im only interested in this hat...

EDGE · February 23, 2010, 10:42:20 AM

ask and ye shall recieve.....

philoldsmobile · February 23, 2010, 01:02:42 PM

vodafone have responded much better via email, unfortunately everything is now at my current address, so its quite traceable, nice idea though.

had some excellent info off another forum I frequent from someone with connections high up at vodafone, and there is a clause that increases the possibility for you to get out of the contract if there is non performance - i.e. the phone remains switched off, you form a contract by usage, so as long as the phone is on, there is no right to cancel.

as mentioned by Rob, there is also a duty of care under the sale of goods and services act, although the vodafone guy didn't seem to think the breach was enough at this stage, that doesn't rule it out in the future if its not resolved though.

I asked the same question on pistonheads, and a right arrogant lawyer type chimed in saying basically "tough shirt, nothing you can do", then proceeded to post like a complete knob. not only was he unpleasant and arrogant, he was wrong, then tried boasting about how he had given me £250 of free legal advice!

oddly enough, when I checked his other posts, his moved / locked thread count was almost 50%

considering he was utterly wrong, it wasn't even 250 yen worth of advice! oddly he has owned several BMW's and now drives a porsche! stereotypes eh?