Vodafone to Change Prices from 11 Oct 2011

moty1984

Warrick wrote: »

I've finally spoken to someone at VF and they're sending me a deadlock letter.

At least this means I can get an ombudsman complaint underway.

What did you say and what did he say?

Warrick

I said that either they accept they were wrong to lie to me about their T&Cs in their emails to me, and recalculate my bill using my September bill, or I wanted a deadlock letter.

She went off to speak to her manager and came back and said they'd send me a deadlock letter.

Should be a fairly straight forward ombudsman complaint. I sought legal advice today from a contract lawyer, and they said that their legal opinion would be that the T&Cs relate to my bill before the charges take effect, as there was no mention in the T&Cs of the terms relating to the month before any notification was sent.

I'll therefore be requesting the ombudsman makes them cancel y
Contract, and refund any charges accrued between the time they should have cancelled it (within 24 hours of my initial complaint) and the time they issue my PAC code.

fox2319

Right, ombudsman complaint in. Now to sit back and wait. Whatever happens, when it comes to renewal time, I will not be considering Voda and I will not be getting locked in to another 2 year deal.

I wonder what giff gaff are like...

diamonds

The change of charges are unfair to be worked out by V, if you are in your minimum term these changes effect the rest of your minimum term, end of.

Warrick

I have some interesting news.

I've been to see a solicitor today, and explained my situation. They gave me the following advice...

Regarding VF giving deliberately misleading information via email regarding their T&Cs:

The ombudsman should step in here and tell Vodafone to issue an unreserved apology, and undertake to improve staff training with regard to discussing T&Cs. Any compensation for these issues would be at VF's discression, as there is no legal obligation. It could be argued that these lies have breached the Supply of Goods and Services Act, but there is little point pursuing it as my other complaint is the more pressing matter...

Regarding VF stating that they will use August's bill for the calculations as oppose to my September bill:

As this is, ultimately, contract law, the Ombudsman may not have enough power to force VF to comply. Therefore this would need to go to court.
VF would have to show the court that contractually they are allowed to use the month before the NOTICE rather than the CHANGE which seems to be (from a legal standpoint) how the clause reads.
If they cannot (and they will not be able to as there is nothing like this in their T&Cs) then any claim would be successful.

This solicitor is fairly keen to get their teeth into VF on this one, but I have to wait for the Ombudsman decision and then Small Claims Court. Good to know I have a case, though.

gjchester

Warrick wrote: »

This solicitor is fairly keen to get their teeth into VF on this one, but I have to wait for the Ombudsman decision and then Small Claims Court. Good to know I have a case, though.

Sorry but this probably won't happen.

If it gets to court (and Vodafone will likely settle before) then Vodafone will probably choose to not defend it and you win by default. This does not set a precident, so could not be used by others.

Solicitors fees can't be claimed in the small claims court, so you may end up out of pocket anyway.

Good luck.

Warrick

gjchester wrote: »

Solicitors fees can't be claimed in the small claims court, so you may end up out of pocket anyway.

Good luck.

Yeah I'm aware of that, but I meant if the claim couldn't be taken to Small Claims and had to go to County. This could be the case because I wasn't claiming monetary compensation, I would be challenging their legal stance on their T&Cs.

I've been informed now, however, that I may be better off paying VF to cancel my contract, and opening a case in Small Claims for the total amount. That way it's definitely a Small Claims case and I won't need further legal advice.

I agree there's a good chance they'll settle before court, though. Just grinds me that it has to go that far in the first place.

I guess I'll wait and see what the Ombudsman says and go from there.

krfletch

I am about to get a phone for my wife and was tempted to a v f phone contract, I thought the phone and package looked a good offer, after reading what is happening,and all the complaints, I will be looking elsewhere now.
Thanks all and good luck
Ken

ruggedtoast

krfletch wrote: »

I am about to get a phone for my wife and was tempted to a v f phone contract, I thought the phone and package looked a good offer, after reading what is happening,and all the complaints, I will be looking elsewhere now.
Thanks all and good luck
Ken

To be fair to Vodafone their network is pretty good. I really noticed an improvement when I switched from Orange; but, in the 18 months I have had my contract, I have been lied to by salespeople, lied to by cs staff who told me the salespeople hadnt lied, and the terms and conditions of my contract have been re-written twice, possibly three, times, without my permission; every time in Vodafone's favour and to my detriment.

I would never sign anything other than a monthly contract with Vodafone again because it appears they can and will change it however they see fit, but the customer can do nothing.

Their word basically means nothing, and I wont do business with such a company again.

diamonds

gjchester wrote: »

Sorry but this probably won't happen.

If it gets to court (and Vodafone will likely settle before) then Vodafone will probably choose to not defend it and you win by default. This does not set a precident, so could not be used by others.

Solicitors fees can't be claimed in the small claims court, so you may end up out of pocket anyway.

Good luck.

You just ask the judge to extend, and summon Vodafone