Vodafone "Cover Me" Insurance - not fit for purpose?

ken_1969

Hi,

I recently lost my phone, but as I always tend to go for the higher end HTC PDA phones I have Vodafone's Cover Me insurance which should provide an immediate replacement.
I called yesterday and was routed through to March (part of ACE Europe Limited) who manage the policy. They validated and accepted the claim and then told me my phone (Vodafone V1615 - rebadged HTC TyTn II) has been discontinued.
According to the policy " we’ll immediately replace your phone by courier within 24 hours. You’ll get a similar phone, up to a limit of £1000"
What constitues a "similar phone"? Further in the T's & C's it says this:
" provided always that the total liability of the insurer shall not exceed a Vodafone retail value of £1000 for a mobile phone or data communication device and up to £200 for accessories or the cost to the insurer of providing you with a mobile of an equivalent specification, as close as possible, in the opinion of the insurer."
Everything of course hangs on that last sentence. The phone I lost is a Windows Mobile 6 device with a slide and tilt QWERTY keyboard. Those are in fact two of the key reasons I went for the V1615 in the first place. I have many applications that I've bought that run on Windows Mobile 6, and the tilt screen means I can still see the screen when it's sitting on a desk. I have a fold out Bluetooth keyboard which means I can type full documents and e-mails without relying on a tiny phone keyboard.
They listed a number of phones which were equivalent and only one phone they have available matches the description in full, which is the HTC Touch Pro 2. However, they then advised me that this phone has been explicitly excluded as a replacement at the request of Vodafone customer services.
The only phone they would therefore offer me is the Nokia N97, which does have a tilt screen but runs Nokia's awful Symbian operating system and would mean I would have to replace all my Windows Mobile applications at great personal cost.
There is nothing in the insurance T's and C's about exclusions and exceptions - indeed, had there been such wording I would just never have bought the insurance.
The wording clearly states "equivalent specification" and the operating system is an absolutely critical part of the specification. The HTC device is obviously the most "equivalent" phone. It is definitely less than the £1,000 maximum specified in the T's and C's. The lady at March agreed that the phone is the equivalent phone - which to my mind constitutes "as close as possible in the eyes of the insurer".
I spoke to Vodafone Customer Services and was told that is "their policy". But the "policy" I have makes no allowance for them arbitrarily excluding specific phones - especially where the phone in question is the direct successor to the one I have lost. Surely this cannot be allowed within the terms of the contract? To my mind that means the policy is not fit for purpose.
What rights do I have here? I have complained in writing to Vodafone but if I do not get a satisfactory response, who can I complain to?
Thanks,

Ken

DarkConvict

If vodafone do not help, the next step would be trading standards. As they are not able to supply a replacement item. You have stated the main requirements and they are unable to satisfy them yet there is an option available.
I agree completely over the operating system. I had lots of apps on the symbian OS, that never worked on the newer symbian OS 3rd edition, and again didn't work on 5th edition.

student_84

Your post gets me a little worries as I have the same phone and would be in the same situation as you. As it is insurance related I would go down the lines of a recorded delivery letter to them informing them that you expect a the htc as a replacement as your policy clearly states that it should be "equivalent specification, as close as possible, in the opinion of the insurer" which the underwriter has confirmed, also add in the letter that if they do not resolve this it will be taken to the financial-ombudsman who would be able to make a judgement on your case.

ken_1969

Thanks for the replies.
A further update on this. After pestering customer services I was finally informed that the reason they cannot give me the Touch Pro 2 is that this handset is only available on business tariffs, not personal tariffs such as mine.
I had a look at the Vodafone online forum and in the business user section found a thread from a user who clearly states he has in fact been given a Touch Pro 2 on a personal tariff. I contacted him directly to confirm 100% that this was the case so I don't think they've got a leg to stand on.
I will make one last try to raise this with Vodafone and then will take it up with the financial ombudsman.
Will keep you posted.
Ken

baldelectrician

Vodafarce have overlooked one point- they can say what they want is and is not covered, but as this issue is an insurace matter there is an insurance ombidsmun / arbritration service

CHeck your policy

ACE European Group Limited are the insurer for the Vodafarce scheme,

see HERE

ACE is a member of the Financial Ombudsman Service (the FOS) who can be approached for assistance should you remain dissatisfied. The FOS’s contact details are South Quay, 183 Marsh Wall, London, E14 9SR. Tel. 0845 080 1800** e-mail: [EMAIL="enquiries@financial-ombudsman.org.uk"]enquiries@financial-ombudsman.org.uk[/EMAIL]

Hope this helps

Vodafone

Hi ken_1969,

I apologise that I have not been able to reply to this thread earlier, we are currently working on getting more staff on these boards.

Have you managed to come to a resolution yet? I understand your frustration in the matter and I would like to look into it further.

Could you please contact us by following this link.
(Please quote the code WRT135 in the subject line, your username and a link to his thread in your message boday.This will ensure that your message comes directly through to our team.)

I cannot promise that we will be able to provide the HTC handset that you have discussed, however we will do everything that we can to resolve this issue.

All the best

Espi
Web Relations Team
Vodafone UK