Vodafone contract problem, really need legal rights

Widelats

This info is being put here for easy access if this whole thing has to be decided by a court, i do not expect responses to this post

Thank you for contacting Vodafone Customer Support. I am sorry to know that you are facing problem with the phone.

I have checked your account detail, I see that you phone is our of collong period, so we are unable to exchange or replace the phone.

As you are facing problem with your phone it needs to be checked manually to find out the exact error in your phone.

If you wish I can arrange a postal repair to be sent at your billing address.

I will send you a prepaid envelope with the address you need to send the phone to. You just need to put the phone in the envelope. All the accessories like Memory Card, battery and SIM Card should be removed before placing it in the envelope. You can then post it to the nearest Post Office.

in order to arrange for a postal repair please get back to us with the following details:

Make and model of your phone

Colour of the phone

IMEI number of the phone. You can get the IMEI number by dialling *#06# on your phone.

Brief description of the problem you are facing with your phone

Alternate contact number and alternate address

If you have any data on your phone that you wish to back up (including contacts), please do so before you visit the post office. If you are not sure how to do this, you will find more information in the handbook supplied with your phone or on

https://www.vodafone.co.uk.


Water or physical damage is not covered by the manufacturer’s warranty and upon receipt if the repair centre discovers that your phone is damaged due to physical or water damage then we will be unable to repair your phone and will return it to you un-repaired or inform you about the charges for repair.

I look forward for your reply.


Regards,
Sweta Sisodia
Vodafone Customer Services
We hope you have found our Email Customer Service helpful and convenient. To contact us please click 'here'.
Thank you for being a Vodafone customer and I hope you enjoy all that Vodafone has to offer.
Vodafone has logged your email address in case it needs to contact you about other matters relating to your account. It may also be used for marketing purposes - you will soon receive an email explaining this and how you can opt out.

My response:
Hi,

It has been brought to a shop, i have been given a courtesy phone which i am having no problem with, if the repair makes no difference to the reception i get while at home, i will have no alternative than to cancel any direct debits set up to Vodafone in the future, you may take court action if you wish, however, please bring all communication with you that i have sent you regarding this issue when you do so.

Under the sale of goods act, for services, i have contracted Vodafone to supply a 2 year quality phone service, if you default on this due to the handset you have supplied then it will be noted as "faulty goods"

I was advised by your representative that this problem is Nokia's fault and that any issues should be brought up with them, however, Nokia do not supply a service and under the sale of goods act the responsibility is entirely with Vodafone, i saw no point in trying to correct your representative and will leave the issue to those who know the law.

I do hope hat this works out, i hope the problem is resolved, and hope to receive a working phone capable of receiving a signal strong enough for the purpose it was bought for, if not i have suggested a replacement model as a resolve, as you refuse this it will be left to a court i think to decide whether the service/goods you are supplying is satisfactory for its purpose.

Thanks for your time.

grumbler

If you cancel the DD, they definitely will not take any court actions. They will trash your credit history first, then they will sell the debt to debt collectors. Be warned.

Also, reception varies for different handsets, the bars on the screen mean pretty much nothing, and you can't claim a handset to be faulty only because of the poor reception at home.

Widelats

grumbler wrote: »

If you cancel the DD, they definitely will not take any court actions. They will trash your credit history first, then they will sell the debt to debt collectors. Be warned.

Also, reception varies for different handsets, the bars on the screen mean pretty much nothing, and you can't claim a handset to be faulty only because of the poor reception at home.

I did make it clear that i was buying to use at home, i don't even have a land line, the reception is dire or i would not be complaining.

My credit rating is already trashed, as for debt collectors they can not inter fear unless i make no attempt at a resolve, which i have several times, i could even offer vodafone £1 per month they would have to take it.

thanks.

optik

In my recent experience dealing with the people at the point of sale seems to be the worst option, they have no power at all to do anything and make up for this by distorting the truth and making you out to be in the wrong.

Going direct to the manufacturer will be far better, Nokia recently spent a good few weeks sorting out the e-mail function on my C-300 and they eventually got it sorted out. And more importantly I wasn't treated with contempt.

Vodafone

Hi Widelats,

I am really sorry to hear about the recent problems you have faced with your handset.

So that I can help resolve the issue, can you drop me an email to the address shown on our profile page here. You will need to put WRT135 FAO Heidi in the subject and include a link to this thread. That way, I can deal with this personally for you.

Many thanks,

Heidi
Web Relations Team
Vodafone UK

Andycopp

Option 17 would have been a better course of action here.
I think Buzby can maybe add more.
There was a clause under Euro laws.
The C301 was known to have transpondial drop out when the settings have been configured to R.A.D
To get around this there was a download.

Widelats

Thanks Heidi i sent you the mail.

Widelats

These reviews seem to say the same thing, low signal, pick the phone up and hold it and your signal just drops dead, not fit for purpose. In my situation i waited for improvement i thought it must be signal only, but it isn't, waited 2 weeks which brought me out of sending back period, but the problem has gone on since day 1.

http://shop.vodafone.co.uk/shop/mobile-phone/nokia-c3-01?readReviews=true

Guys_Dad

Widelats wrote: »

These reviews seem to say the same thing, low signal, pick the phone up and hold it and your signal just drops dead, not fit for purpose. In my situation i waited for improvement i thought it must be signal only, but it isn't, waited 2 weeks which brought me out of sending back period, but the problem has gone on since day 1.

http://shop.vodafone.co.uk/shop/mobile-phone/nokia-c3-01?readReviews=true

It's a shame that you didn't do this research before starting the contract.

The way I see it is this. You took out an airtime contract and specifically asked for that handset. Vodafone complied with your request.

If the handset you have is faulty, they should repair/replace it. If, as you say, however, the c301 is generically a lemon, then you need to convince Vodafone that any c301 is not fit for purpose.

Certainly web evidence is helpful and, if you had another handset that did work where the c301 didn't, then you start having a decent case.

Have you got a cheap old handset to try? Can you afford a 99p handset (plus £10 PAYG sim) from CPW?

You need real evidence that it is the handset and not your Vodafone signal that is the problem. No network guarantees 100% coverage, so if it is the latter, tough luck.

I agree that changing to 2G might improve things a bit.

Widelats

Guys_Dad wrote: »

It's a shame that you didn't do this research before starting the contract.

The way I see it is this. You took out an airtime contract and specifically asked for that handset. Vodafone complied with your request.

If the handset you have is faulty, they should repair/replace it. If, as you say, however, the c301 is generically a lemon, then you need to convince Vodafone that any c301 is not fit for purpose.

Certainly web evidence is helpful and, if you had another handset that did work where the c301 didn't, then you start having a decent case.

Have you got a cheap old handset to try? Can you afford a 99p handset (plus £10 PAYG sim) from CPW?

You need real evidence that it is the handset and not your Vodafone signal that is the problem. No network guarantees 100% coverage, so if it is the latter, tough luck.

I agree that changing to 2G might improve things a bit.

Actually i was sold this c301 by phone call, there is no possible way i could have reviewed as i bought it as i don't have a credit card, and it is impossible to buy on the voda site without a credit card, was all by phone i was told it was a touch screen etc, etc, sounded good, i did look at it the day before but read no reviews as i was unable to buy it, the sales rep cold called me and offered it on direct debit delivered next day so i did not need a credit card. I did say it would be my main phone too, i have no landline.

As for trying another handset, it is mentioned in the first post, i have a courtesy phone which is fine.

Plus for the record, vodafone do record phone calls they can easy look this sale up, and also my other call to customer service where someone has advised me to "well, you could always sell it and buy a different phone....."
they should find that call as well while they are searching it was my second call to customer services, i was just near speechless at the level of service i was getting and the advice i was hearing.

Thanks for your input.