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Vodafone court action & Samsung Wave

Hi Guys, Any advice on my issue gratefully recieved. I took out a new 18mth contract and got the Samsung gts8500 wave free. This phone has caused nothing but issues, I recieve no signal in my own home on it yet for the last six years have been with vodafone without issues. My daughters PAYG vodafone also is no issue. The phone has reported issues of bad signal on review sites. All vodafone will do is exchange for the same phone, dosent exactly resolve issue as if the next phone is the same im in the same boat. Also on the renewing of the contract they never sent me a contract or any info on cancellation etc :- does anyone know if this gives me the right to cancel, as the consumer direct website states that I may be able to ? Im at the end of my tether (business phone and loss of jobs) before I cancel pay them £497.00 and take them to court !!!

Thanxs Andy:eek:

Comments

  • MisterBrico
    MisterBrico Posts: 136 Forumite
    First the Internet is a bad place to go to check for faults, no one ever posts on line saying it works fine only ever complaints.

    You won't be able to cancel because A) you aren't giving them a chance to try and rememdy this (exchange) how do you know the next one will be as bad? And B) the contract is an air time agreement not a finance deal on a handset, so even if the phone did break and fell outside the sale of goods act then you still have to pay.

    My opinion, try the exchange before giving up, I have never heard a bad thing about a samsung wave besides one not receiving mms and I work in a phone shop :/
  • Annie._2
    Annie._2 Posts: 516 Forumite
    As has been mentioned on this forum many times, the phone is not part of the contract, your contract is only for your allowance, the minutes and texts. Just because the phone is not working, gives you no right to be able to cancel the contract.

    Its more than likely the phone is faulty. Vodafone have offered to replace the phone and the new phone should be working properly.
  • gjchester
    gjchester Posts: 5,741 Forumite
    andy1809 wrote: »
    Also on the renewing of the contract they never sent me a contract or any info on cancellation etc :- does anyone know if this gives me the right to cancel, as the consumer direct website states that I may be able to ? Im at the end of my tether (business phone and loss of jobs) before I cancel pay them £497.00 and take them to court !!!

    Thanxs Andy:eek:

    Do you have a business contract? If you do you may have a case for loss of earnings, but if you have a standard consumer contract you'll have a tough time.


    Have you actually tried to swap the phone, it's most likely a handset fault than anything else.
  • WelshPaul
    WelshPaul Posts: 594 Forumite
    Part of the Furniture 500 Posts Name Dropper Photogenic
    I agree with others, you should allow the network to provide a replacement. Once you have had three handsets all showing the same fault (in my opinion) then you have a case well against Vodafone for the handset not airtime agreement.

    Make sure you get evidence of the fault on all handsets, don't let Vodafone fob you off with the manufacturer either as they provided you with the physical goods it is for them to resolve.

    Although if after several replacements i would be surprised if Vodafone did not offer an alternative handset they would just end up losing a customer in a few months time when the contract ends.

    That is of course if there is a design flaw in the handset in the first place.
  • Vodafone
    Vodafone Posts: 4,297 Organisation Representative
    Hi andy1809,

    I’m sorry to see the problems you’re experiencing with your new phone and I understand the frustration this will cause.

    When did you take out the contract/upgrade? If you’re within the first 7 days then you’ll be within your cooling off period meaning you can ‘change your mind’ and renegotiate a different package and phone.

    If you’re outside of your 7 day cooling off period then I recommend that you go ahead with the exchange or repair as it does sound like a handset fault.

    Let us know how you get on with this.

    Kind regards,

    Jenny
    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"
This discussion has been closed.
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