Mis-sold Contract

Quartermass

No, you just have not understood me.

This is what you think happened.

Me : What about data?
Vodafone : Unlimited
Me : Ok. I will take that contract
....

Later

Me : Vodafone this data isn't unlimited
Vodafone : We say unlimited but we have a fair use limit of 500MB

This is what actually happened

Me : What about data?
Vodafone : Unlimited
Me : Ah. But I know it's not unlimited. I've been told that there's usually a fair use policy or some kind of limit
Vodafone : There is no limit at all. You can use it as much as you want
Me : So it's not limited to 500MB or such?
Vodafone : No. It's really unlimited.
Me : Ok, I'll buy it then.

Can you now see the difference?

Guys_Dad

Quartermass wrote: »

No, you just have not understood me.

This is what you think happened.



This is what actually happened



Can you now see the difference?

I can see the difference. Can you prove the second version?

Even if you did, see
http://www.asa.org.uk/ASA-action/Adjudications/2009/12/Vodafone-Ltd/TF_ADJ_47835.aspx

Look, we are all with you but you currently can't prove it. We have made suggestions to you as to how to get that proof.

Get proof and it's misselling and you might stand a chance.

Till then, no more can be reasonably added.

Quartermass

So far the only proof I have is that Vodafone admitted I should have been given a 1GB usage and not 500MB and that they'd fix it - they never did fix it.

I'm waiting on them responding to the message I sent today. The question I had at the start of the thread was if it's worth keeping trying with Vodafone, or going to the ombudsman. At the moment I can't do anything until Vodafone respond.

grumbler

Guys_Dad wrote: »

Even if you did, see
http://www.asa.org.uk/ASA-action/Adjudications/2009/12/Vodafone-Ltd/TF_ADJ_47835.aspx

This is about "press ad" with a "Small print at the bottom of the ad".

Surely it is not the same as answering "No. It's really unlimited" to the question "So it's not limited to 500MB or such?".

I agree that the only way to prove this is to get the record of the conversation.

Quartermass

I'll update this as soon as Vodafone respond. My expectation is I'll get a useless "answer" in reply to my questions. My response to them will be to very clearly ask for a transcript of the conversation.

Quartermass

Reply from Vodafone -

Thank you for your email to Vodafone Customer Support.
Upon reviewing the account, I can see that the contract commitment start date is 25/06/2010 and the end date is 24/06/2012.
As per the query, I would suggest you that if you have any proof of the contract (contract copy) please send us a scanned copy in pdf format and we'll investigate into the issue.
I trust the above information helps.

I've replied with

I have never received a copy of the contract. I would like you to send me a copy of the contract if you have one. I would also like a recording out a transcript of the call where th contract was agreed.

Vodafone

Hi Quartermass,

I am really disappointed about the issues you have raised regarding the miscommunication when first taking the contract.

I can see that you are already in contact with us via email but if you would like me to investigate this further for you, you can email me directly at the address shown on our profile page here with WRT135 FAO Heidi in the subject. Please also include a link to this thread when getting in touch.

Many thanks,

Heidi
Web Relations Team
Vodafone UK

Quartermass

Heidi, at the moment I'll continue with the chain of emails I've started.

Here is the latest reply

Thank you for writing to Vodafone Customer Service.

I am sorry to inform you that we will not be able to provide you with the physical copy of the contract, Due to limited server space, calls made to us are randomly recorded. We don’t record all the phone calls. However, as per your request, I have escalated your issue to higher team to see if the call made by you is recorded.

I trust this information is helpful.

I'm puzzled that first they asked me for a copy of the contract letter which should have been issued last year, and now they say they don't have one. I suspect perhaps the salesperson I spoke to last year stopped the contract being printed so that I won't see I had been missold, but that's just a guess. I'm going to wait until I get a reply from them on the recorded call. If it's recorded then it'll say 18 months, problem solved. If it's not recorded I think I'll write them a big letter and detail everything exactly in it. I think after their reply to that (assuming it's not positive) then I should write to them one last time and ask them for a deadlock letter before going to the Ombudsman.

ruggedtoast

Quartermass wrote: »

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.

Ditto almost exactly, except I knew I was on a 24 month contract. To compound matters I was buying two smartphones over the phone and found it impossible to get any confirmation in print as to what packages I'd been put on.

A succession of sales and then CS staff swore blind I had unlimited internet, it was only weeks later when they finally got my online account working that I realised the truth.

Both packages were different, one was 1gig capped, and the other was 500mb uncapped. Vodafone then changed everyone on a 500mb uncapped contract to to a capped contract around August 2010 and a whole storm blew up with furious customers wanting to cancel. I suspect a lot of customers like you never realised your contract had been changed.

God it went on and on. In the end I found an email address for Guy Laurence the CEO and then you can get to talk to someone in the UK. They gave me some compensation in the end which I was just about happy with as by that point I realised I wouldnt often go over the 1 gig usage anyway.

If you cant find the email I would post on the web forum, who will be the people who will contact you anyway and ask them to help. I would also contest the fact your contract was changed from 500mb FUP to 500mb hard cap without you being told and use that as leverage.

Quartermass

What's the difference between a 500MB capped and a 500MB uncapped contract? As far as I know I've been on the same contract since June... I don't know what happens if I reach 500MB since as far as I know I've never reached it. In fact I've no idea how much data I've used month by month.

However the big deal to me is the 18 month contract vs the 24 month contract. I remember at the time I considered the £25 contract to be £10 for the minutes/text/data and the rest to be a subsidy for the phone. The £85 I paid up front plus 24x15 means the phone would have cost me £445 if I had agreed to a 24 month contract - at least by the way I calculate it. Had that been the case I would have bought one SIM free. It's only possible that I agreed to an 18 month contract, something else that makes me sure is me saying that I wouldn't consider a 24 month contract because I feel it's too long to have a phone for. I'm certain I did not agree to a 24 month contract. I'm now thinking Vodafone in these circumstances may do nothing so that I have to prove I took an 18 month contract... which of course I cannot.