Breach of contract?

Bunglebear32

Hi everyone

I've been trying to escape my vodafone contract for a couple of months now due to their sky high charges and poor data signal. Digging out my t&cs I've discovered that since taking out the 24 month contract in December 2011, vodafone have been charging me £6.99 a month for insurance I specifically said I did not want/require.

Do you think this qualifies as a contract breach and will be enough tp get out of my contract?

Just thought I'd ask for your opinion before I start shouting at the poor teenager on Vodafones end :-)

Thank you

spiro

So you have had insurance since Dec'11 and never noticed it on you bill??? Sorry thats a not breach of contract at worst its 50/50, them for including it, you for failing to notice you are paying for it. Best they will do is stop it going forward.

Guys_Dad

No breach of contract here. As far as Insurance, can you prove you didn't ask for it after all this time?

Next time, go sim-only on a 30 day contract and don't be seduced by the shiny handset. Remember the basic reason that you want a mobile phone.

Bunglebear32

Guys_Dad wrote: »

No breach of contract here. As far as Insurance, can you prove you didn't ask for it after all this time?

Next time, go sim-only on a 30 day contract and don't be seduced by the shiny handset. Remember the basic reason that you want a mobile phone.

Hi

My contract clearly has on it that insurance was not arranged

To be honest, I don't check my bill, I trusted vodafone to get it right.

latecomer

I'm sure they'll give you a refund and possibly a little good will gesture but they will not let you out the contract. You could always sell the phone and try to get to an agreement about early termination and use the proceeds from the phone to pay some/all of it.

Buzby

I hate to say this, but what did they do to earn your trust? As others note, there is no breach - you get insurance free for X months and then the charging commences. It is then up to you to cancel. You do not get any refund under these circumstances.

You didn't, and you let it continue, so the onus remains with you to terminate unrequired services, however in the interim, at least if you needed to make a claim, you would have been covered.

Bunglebear32

Buzby wrote: »

I hate to say this, but what did they do to earn your trust? As others note, there is no breach - you get insurance free for X months and then the charging commences. It is then up to you to cancel. You do not get any refund under these circumstances.

You didn't, and you let it continue, so the onus remains with you to terminate unrequired services, however in the interim, at least if you needed to make a claim, you would have been covered.

Hi

I never got offered free insurance so its not a case of me allowing the charge to lapse.

As for selling my phone, no chance. My Samsung Nexus is the best phone I've ever had!!

Buzby

Rarely are you offered it, it is provided as part of the initial package (I overheard a staffer telling the customer it was one of the benefits of being a Voda customer). If they didn't want to pay the fee at the end of the trial, they only had to cancel. I'd check your paperwork in the Welcome Pack.

If this was not on offer to you, then you need to get them you prove you did - so again, seek out why the offer was added to your subscription.

Lastly, I did not say you should sell your handset - you are stuck with it whether you like it or not! You leave, and then put the SIM of your preferred network in its place (getting it unlocked, if required).

latecomer

but if they want to leave but dont like the cost - selling the phone would be a good way to reduce the cost.

Sounds like the OP would like to use this as a excuse to keep a nice phone but get out of paying for it.

Bunglebear32

I contacted vodafone cs this morning and informed them that I consider this as theft. After all, what difference does it make if an organisation or an individual take money out of my account without my permission. After being put on hold for ten minutes, she decided to pass the buck and told me to take my contract to a vodafone store.

The fact is, I never actually got any free insurance for any period of time. I said I didn't want insurance which my paperwork proves, yet vodafone decided to take my money anyway! The only issue I might have is that I originally bought the phone at phones4u. But they're not interested

visidigi

Bunglebear32 wrote: »

I contacted vodafone cs this morning and informed them that I consider this as theft.

For the love of god...take some responsibility for yourself.

Problem doesn't exist if you do what everyone should and check your bill - you took 8 months to do so, if you are VERY lucky you might get a refund for the insurance, but the two are not connected, so your 24 month contract will still stand.