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Mis-sold Contract
Quartermass
Posts: 47 Forumite
in Mobiles
I took out a contract with Vodafone in June last year - I've been with them for over 10 years. I took a Samsung Galaxy S phone with it, and I'm certain I agreed to an 18 month term.
When they explained what I'd get with the contract the sales rep said unlimited internet. I said "But there's really a limit to it, right?" and she said there was no limit at all. It turns out that there is a limit of 1GB, but that for some reason she put it at 500MB. Vodafone confirmed later that it should have been 1GB but they didn't ever fix it.
I corresponded with them and each time they responded poorly and didn't sort the issue. However eventually I realised that 500MB was going to be enough and that I mainly used data when I was in a wifi area, so it wasn't worth the effort of chasing after it.
Samsung have now come out with an updated model of my phone and I thought I'd go see how long I have to wait until I change my phone - I was thinking the end of this year. The Vodafone site advises me I can change 70 days before the end of my contract... and that I can't do it until April next year.
So not only did the sales rep lie to me about the internet use (the other Vodafone reps I spoke to said there's no way that someone could not have known it was limited) but she's put me on a 24 month contract and not an 18 month contract.
I've sent an email through the Vodafone site to Vodafone. I'm expecting this, like all of the rest of the emails I send to get an answer that doesn't help, that's barely related to the question.
Am I best continuing to pursue it with Vodafone, or should I as soon as they tell me I'm stuck on a 24 month contract go to the Ombudsman, which I believe is here http://www.ombudsman-services.org/forms/complain/communications/
Or is there something else I should be doing?
A moderate success for me would be getting the 18 month contract applied so that I can change my phone by the end of the year. What I think would be right would be to terminate the contract now, as they've not kept to the terms. I'd like Vodafone to compensate me for the effort and hassle and lies I've had to put up with, but I don't think that's a realistic goal.
When they explained what I'd get with the contract the sales rep said unlimited internet. I said "But there's really a limit to it, right?" and she said there was no limit at all. It turns out that there is a limit of 1GB, but that for some reason she put it at 500MB. Vodafone confirmed later that it should have been 1GB but they didn't ever fix it.
I corresponded with them and each time they responded poorly and didn't sort the issue. However eventually I realised that 500MB was going to be enough and that I mainly used data when I was in a wifi area, so it wasn't worth the effort of chasing after it.
Samsung have now come out with an updated model of my phone and I thought I'd go see how long I have to wait until I change my phone - I was thinking the end of this year. The Vodafone site advises me I can change 70 days before the end of my contract... and that I can't do it until April next year.
So not only did the sales rep lie to me about the internet use (the other Vodafone reps I spoke to said there's no way that someone could not have known it was limited) but she's put me on a 24 month contract and not an 18 month contract.
I've sent an email through the Vodafone site to Vodafone. I'm expecting this, like all of the rest of the emails I send to get an answer that doesn't help, that's barely related to the question.
Am I best continuing to pursue it with Vodafone, or should I as soon as they tell me I'm stuck on a 24 month contract go to the Ombudsman, which I believe is here http://www.ombudsman-services.org/forms/complain/communications/
Or is there something else I should be doing?
A moderate success for me would be getting the 18 month contract applied so that I can change my phone by the end of the year. What I think would be right would be to terminate the contract now, as they've not kept to the terms. I'd like Vodafone to compensate me for the effort and hassle and lies I've had to put up with, but I don't think that's a realistic goal.
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Comments
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Presumably you upgraded at some point (if you have been with them for 10 years). If you upgraded early, then the additional months will have been tagged onto the new 18 month contract (if it was 18 months).
If you upgraded at end of previous contract, then its your duty to know what you signed up to.0 -
Yep, I upgraded several times, however this one I was out of contract for quite a while (I was on a £10 a month deal) before I upgraded so there would have been no months left to tag on.
They signed me up to 24 months with 500MB data and told me 18 and unlimited data on the phone.0 -
You could ask for a transcript of the call when you signed up - but if you never asked about length of contract or it was never mentioned, then most likely you agreed to 24 months by default.
With the limit on internet - its widely known that the term "unlimited" means a cap of 500MB - again if the transscript of the call mentions 1gig - then you could ask for that. 500MB usually covers normal mobile usage and they usually let you off if you go over that limit.0 -
Excellent. I didn't think they'd provide me with a transcript, I assume if I ask for one then I don't need to worry about them doctoring it... or am I being just too cynical...
That's fantastic news.0 -
Its from June 2010 - so its assuming they keep the call records that long.0
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Widely known? Really?.... its widely known that the term "unlimited" means a cap of 500MB ....
It may be the case for Vodafone (I don't know)*, but definitely not a general knowledge.
Just an example:
Pay monthly Animal Packages Terms and Conditions - March 2010
EDIT:Unlimited mobile internet - subject to fair usage.
Mobile internet is not to be used for other activities (e.g. using your handset as a modem, non-Orange internet based streaming services, voice or video over the internet, instant messaging, peer to peer file sharing). Should you exceed your fair usage limit or such use be detected, notice may be given and Network protection controls applied to ensure the quality and availability of our network to all customers. This may result in, at Orange's discretion, reduced speed of transmission, suspension of data browsing services and/or suspension of your account. For use in the UK only.
...
Fair usage policies - inclusive benefits are subject to Orange fair usage policies which vary from time to time:- ...
- ...
- Unlimited mobile internet - 750MB per month
- ...
* And even for Vodafone it is not the case:Mobile Broadband monthly price plans are subject to a 5GB per month fair usage policy when in the UK.0 -
The transcript will have them say unlimited and me ask them to clarify that and if there really is a limit. They then said there is no limit, it is entirely unlimited.
You're right about widely known, that's why I asked them for clarification.0 -
EDIT:
* And even for Vodafone it is not the case:
Just to clarify
Mobile broadband is Voda's term for a dongle type internet access.
Mobile internet is how they describe phone based internet use.
You may be on to something if they dont clearly state what term applies to what product, but seems clear to me to be honest, but then I use both so know the terminology
Back to the OP's point, the ASA have repeatedly ruled that the term "unlimited" can be used in sales pitches even though there is a limit as long as in practice most people do not hit that limit. (I know, I'm jsut qouting the ASA!) Yes it's a daft way to describe it, but it's been approved as a sales term so there is very little change you'll get anywhere with the claim.
Good luck trying though...0
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