Vodafone slapping me £100 bill after replacing handset

Tom_R

Over a period of about 3 months my Samsung Galaxy SII started to retain less and less charge. I reported the fault on a number of occasions.
In time in got to a point whereby it only held its charge for about an hour! They replaced the battery for me, but that still had no effect, so in teh end they told me that it was beyond repair and would issue me with a replacement phone.

Excellent!

Not really! A few weeks after receiving my new handset I get my bill and they've charged me £100.

Called them up and they said it was due to "water damage" that I had been charged.

firstly - this is total nonsense! This phone never even leaves my home office! Secondly, it has never once been subjected to or in contact with any water whatsoever.

Upon Googling the issue (the phone not charging) it would appear it is EXTREMELY common with this particular handset, so why am I being held financially accountable for them issuing me with a phone that clearly very regularly develops this fault?

Anyway, after much huffing and puffing at them they say they not prepared to drop the charge. I say I am absolutely nit prepared to pay it, and here we are at this impasse and have cancelled my direct debit with them.

Does anybody have any idea where I stand legally here, or had similar experience??

Surely the burden of proof lies with them, not with me? And why did they not tell me I could be charged when I returned the (very clearly faulty) handset??

In an ideal world I would like to tell them to shove it and cancel the contract, but I know that isn't always possible.
Bearing in mind my contract with them is almost £100 per month you would THINK they'd want to keep a customer like me happy. Clearly not!

Can anyone help me here please??

I would rather go to court than pay them a single penny.

Many Thanks!

Tom :-)

Browntoa

you have cancelled the direct debit so as you are still in contract the debt will still add up , they will send in debt collectors and it will appear on your credit report affecting future credit applications

there are small indicator stickers that go a pinkish colour if the insides of the phone achieve a moisture level that causes them to activate. Water damage is a generic term and does not mean "dropped in water" in all cases but can happen from it being used regularly when it rains or working somewhere with a high humidity or extremes of temperature etc.

only way to fight it is to get the phone returned and go for an independent report but if the stickers have changed colour then you will be fighting a loosing battle

Tom_R

Hmm.

I'm not having that.
If these "sticker" have gone pink, then clearly it's because the phone isn't fit for purpose.

It's not as if I'm in the rain forest here in Leeds with condensation dripping down the walls, is it!

Sorry, but it's clearly a very common problem, so how can I held liable for them issuing me with a phone that is unfit for purpose; ie, just making some calls from my home office?!

Browntoa

read this thread

http://forum.vodafone.co.uk/t5/Samsung-Galaxy-S2/water-damage-scam-at-vodafone/td-p/1069419

and this article

http://www.bitterwallet.com/phone-warranty-voided-by-water-damage-heres-what-to-do-about-it/1438

Tom_R

Will do. Cheers!

Browntoa

i'll move this to Consumer advice as I think you will get better advice on this over there

grumbler

Re the indicators, companies are known to use the water damage excuse even if they are white. You should have checked them before sending the phone.

Regardles, Vodafone cannot just charge you without even asking you, especially when the handset is covered by the manufacturer's warranty and you can deal with the manufacturer directly.

Re 'not fit for purpose', the only way to enforce it is to sue Vodafone. However, afther 6 months the burden of the proof lies on you, not on Voda.

Re cancelling the contract, it is almost never possible actually.

Tom_R

I saw no reason whatsoever to have checked any indicators etc as Vodafone had simply informed me that I would be receiving a new phone, with no charge, having reported a fault several times.

This is partly why I'm so angry. I received no correspondence whatsoever re this charge - no phone call, no letter, nothing - and I only found out when i received my hefty £173 bill by text today.

It would appear that they were simply going to take the money by direct debit and just never even inform me of the extra charge!

I'm so livid about this I can barely see straight! haha

I should have stayed with Orange. Stupidly left them after over 10 years :-(

carebear13

just a thought- if they are saying its water damage, would it then be something you could claim for on your home insurance?

agrinnall

As they have taken the money by DD you should tell (not ask) your bank to invoke the DD Guarantee as the payment was unauthorised and they have to refund the money that day (within reason). Vodafone will no doubt still chase you for the £100 but you should at least be able to argue against the charge.

Where was this posted originally? This is really not the right place for it, it should be on the Mobile Phones board so there's a reasonable chance that a Vodafone rep will see it and respond.

vax2002

WRITE
And inform them you will be recovering the charge via the county court.