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Vodafone Contract Termination.......

I recently purchased an n97 from vodafone, it is in my girlfriends name as a second line as my credit rating isnt the best.

The phone itself is possibly the worst mobile ive ever had. I went down to the vodafone shop today to return the phone as i thought there was a 28 day returns policy, but now apparantly there isnt.

The phone is registered to my girlfriends address, but where i live i get no signal at all, which the bloke in the shop (who looked suspiciouslly like dara o`brien) said that i may be able to cancel the contract because of that.

He rang someone at vodafone but they said because there is usage on the account i cant cancel. Also said i could try ringing them, and they can only cancel in the first 7 days because of no service.

The service ive had so far from imo is diabolical, and i really want to cancel the account because at home, which is where im using the phone most (roaming etc) im getting no service.

Any help on getting this cancelled would be greatly appreciated, as ive had the phone 5 days now and need to cancel it asap.

Comments

  • gjchester
    gjchester Posts: 5,741 Forumite
    deejay2412 wrote: »
    Any help on getting this cancelled would be greatly appreciated, as ive had the phone 5 days now and need to cancel it asap.

    The phone and contract are really seperate contracts, functionalilty or not of the phone has nothing to do with the contract.

    There is no cooling off period in store, as you are deemed to be able to view and examine it (unlike the distance selling rules). The network may have there own policy but thats a good will thing not a legal right.

    If there is signal in you GF's house who technically owns the phone then theres not much you can do. The only get out may be if you specifically gave your postcode and address when buying it asking them to check coverage and they said it was OK.
    That said no network guarantees 100% coverage and it's explained in the contract you (or she) signed.

    You say you can call them in the first 7 days for no service but then say you have had it 5 days. If your in the 7 day period call them and ask, leave it and you lose that windows of oppertunity. Worst they can say is no.
    Bearing in mind if the phone is in your GF's name then she relly need to call they may not deal with you stating data protection issues.

    Good luck
  • thanks, ive just read through the terms and conditions and in there it says that you can cancel and pay for what youve used in the first 7 days if you want to cancel. i rang and spoke to the manager of the store and he is ringing disconnections again as he thought this was the case.
  • hmmm looks like my thread on the vodafone forums has been deleted aswell.
  • just rang vodafone aswell again there as i have misplaced the number for the manager in the vodafone store, and although they gave me it twice this morning 2 advisers refused to do this, 1 said her job would be at risk but she could, whjich she couldnt and i explained this to her as i bought the phone in store. also both refused to pass me on to a manager, which as far as i am away is in my statutory rights? getting beyond a joke this is. any advice on how to get this sorted asap?
  • OneADay
    OneADay Posts: 9,031 Forumite
    1,000 Posts Combo Breaker
    edited 3 September 2009 at 6:00PM
    Seems to me you are confusing several things here - you have 7 days to cancel a contract.

    I say "you" but thats not true either - its your girlfriend who has right to cancel or had to right to cancel within the 7 days. If that has not been done - no go.

    Now your girlfriend lives in one place and you live in another - the reception at your place may not be what you expect but thats not the networks fault - they sold the phone to your girldfriend.

    And quite frankily - any good network would only deal with your girlfriend directly regarding any issues and not you due to security.

    Not sure what you mean by "(roaming etc)" - roaming refers to going abroad, not to a different house.
  • gjchester
    gjchester Posts: 5,741 Forumite
    OneADay wrote: »
    Seems to me you are confusing several things here - you have 7 days to cancel a contract.


    Leaving aside the problems with buying in someone elses name..

    It was bought in store, there is no right to cacnel the contract in law, but there may Vodafone may allow it. (Ie DSR not relevent)
  • deejay2412
    deejay2412 Posts: 25 Forumite
    edited 3 September 2009 at 7:22PM
    gjchester wrote: »
    Leaving aside the problems with buying in someone elses name..

    It was bought in store, there is no right to cacnel the contract in law, but there may Vodafone may allow it. (Ie DSR not relevent)

    if they cant provide you network coverage and your within the first 7 days of the contract you can cancel, its stated in their t & c's. we told the guy who sold us the phone it wouldnt be getting used at her address and it was going to be moved into my name after 3 months payment. just got a voicemail from the manager of the store again and he has got the contract cancelled. we have to go down tomorrow to speak to customer services and return the phone.

    plus im on my gfs account as a decision maker so authorised to discuss the account :rolleyes:

    and roaming, i meant internet access, my mistake
  • gjchester
    gjchester Posts: 5,741 Forumite
    Good you had a great outcome from you, but the point remains, theres nothing in law that gives you a cooling off period if you buy in store, it's down to Vodafones T&C. If you'd bought it online you have automatically had 7 days by law to change your mind.
  • Vodafone
    Vodafone Posts: 4,297 Organisation Representative
    Hi deejay2412,

    It's great to see that at the end of this everything has got sorted out for you.

    In regard to your post on the eForum it's worth mentioning that the moderators on there will usually remove any post or thread that relates to an account specific issue as there's no much that can be done in a public environment and as such they'll email you so that the query can be resolved privately.

    All the best.

    Lee

    Web Relations Team

    Vodafone UK
    Official Company Representative
    I am the official company representative of Vodafone. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
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