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Misselling of New Contract

Hi,

Help! I've been a Vodafone customer for a number of years and have been fairly happy with them until today!. I called customer services to ask how long I have left to run on my current contract - there was a slightly stunnned silence from the man on the phone when he said "um.. its due to finish in 2011". At this, I began to question him and he was unable to really explain how I've ended up with a 36 month contract.

He maintains I went into a shop in Oxford in January and voluntarily took out a 36 month contract. I never did this. I received a call in January from Mobile Phones Direct who asked if I'd like a new handset or £150 cash. I said I'd have the cash on the basis of it being for a 12 month continuation. They have illegally signed me up for a 36 month contract - I have never agreed to this nor signed any kind of paper work at all. Vodafone are saying that it is not their responsibility in any way and that I need to take it up with Mobile phones direct.

When I asked if Vodafone even offer a contract of 36 months, he sounded very sheepish. I'm absolutely livid and don't know what to do. My current liability (i.e if I wished to buy myself out of this crazy insane con)is I would have to pay vodafone £560!!!! And I've never agreed to any of it.

Please can someone advise me what to do - I'm going to write to Watch Dog about 3rd party mis-selling and about Vodafone's total lack of care about this but is there anything else I can do?
Thanks
Gab.

Comments

  • DarkConvict
    DarkConvict Posts: 6,338 Forumite
    1,000 Posts Combo Breaker
    edited 30 September 2009 at 6:53PM
    Get in touch with Trading Standard straight away, and see what advice they can offer. If there is no paperwork i cannot see how they can hold you to a contract.
    With my mis-sold contract, vodafone didn't help but I had a contract in writing sold by dial-a-phone that was different to the one provided. Changes were made, but i could have gone for cancellation. Trading Standards helped me sort this out as misselling is all to common. As i had a written contract it was sorted in 2 months. If you do have paperwork and it states 36 months you will have a hard time proving they said otherwise.

    Vodafone have done nothing wrong as they did not sell the contract, they are just the provider. But keep them in the loop as to how this progresses.

    I do have a question, in that why do you say it was a 12 month extension. I believe only vodafone upgrade/retentions can offer extensions on a contract. 3rd party shops only deal with new contracts. Although i believe carphone warehouse do upgrades.
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
  • OneADay
    OneADay Posts: 9,031 Forumite
    1,000 Posts Combo Breaker
    A contract taken out in Jan 2009 and ending in 2011 cannot be 36 months - if it was 36 months, then it would end in Jan 2012?
    Sounds to me its 24 month upgrade.

    What are the exact end / start dates?

    Its not vodafone's fault thats my opinion - blame the retailer for selling it and the consumer for accepting the gift of £150 without going through specific details in writing.
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