Vodafone Mast Down since 2nd Sept - Still no service - Cancel contract under SOGA?

pd52

i think the only solution here is to go out at night and hack the trees down

Kernel_Sanders

This very subject is to be discussed on Radio 4's 'You & Yours' from 12.05pm on Monday 8th Oct.

trevorjdaniel

the problem in Dinas Powys or signal problems in general?

cos I have just had a reporter on the phone from BBC's X-Ray Consumer Action programme this morning wanting to do a tv slot about the problem here in Dinas Powys...

Herongull

In case it is useful, here is some information from Which? about how to do with disputed bills.

http://www.which.co.uk/consumer-rights/buying-services/how-to-deal-with-a-disputed-bill/your-rights/

"Dealing with phone or internet companies
You must take up your complaint first with the mobile phone or internet company. If your complaint hasn't been resolved after eight weeks or you get a 'deadlock' letter, you can complain to an independent dispute resolution scheme.

Every mobile phone service and internet provider must belong to one of two dispute resolution schemes, Cisas (020 7520 3827) or The Ombudsman Services Communications (01925 430049).

Cisas and the Ombudsman Services Communications deal only with complaints about the company you pay for your mobile service and not about other mobile phone retailers that 'resell' mobile contracts but don't operate their own service (for example, Phones4U).

Cisas and the Ombudsman Services Communications can make your service provider:

apologise and or explain its actions
give you a product or service, or,
pay you up to £5,000 compensation for any loss you can prove you have suffered.
Cisas and the Ombudsman Services Communications can also recommend that a service provider changes its policies or procedures.

There is a nine month time-limit in which to take your claim to one of the schemes from the date that you first complain to the provider.

You could also contact Ofcom, the telecoms regulator. It cannot help with your individual problem, but it can be a good idea to let it know if you have a major problem with a company, as it monitors all consumer issues and can investigate a company if it finds serious ongoing problems. In August 2011, Ofcom fined TalkTalk and Tiscali UK £3 million for incorrectly billing tens of thousands of consumers for services they had not received."

As I understand it, in essence you are disputing the termination fee that vodaphone wants to charge you, because of the clause its contract about releasing people from the contract if there is a major failing on its part (or whatever the exact wording of relevant clause says) and also the public statements made by vodafone about releasing genuine cases.

It looks like you have to go through all the steps in the dispute procedure. If the dispute resolution scheme finds in your favour, then its sorted (and you don't have to worry about any adverse credit issues).

And while the dispute resolution process is going on, I believe you can check your credit file and if there are any adverse marks arising from the disputed amount, you get get the credit agency to put in something to say these are being actively disputed.

Herongull

Gordon_Hose wrote: »

You can't just stop paying though! You need a mutual agreement between the customer and Vodafone to terminate the contract.

At this moment in time the OP has just stopped paying. If it does ever end up in court this will go against the OP massively.

Nonsense!

You don't need mutual agreement. If there is mutual agreement, then this makes it simple, but if you don't agree then you need to go through the appropriate dispute procedure to get the dispute resolved.

If the dispute resolution scheme finds in your favour, then everything is sorted.

You don't have to pay disputed amounts if you follow the dispute procedure unless and until the dispute resolution scheme finds against you. Then you have to pay.

The fact that you refused to pay the disputed amount while the dispute was going through the dispute resolution process, should not affect the outcome.

gjchester

Did this get resolved?

trevorjdaniel

yes and no.

there was a "temporary fix" put in about a week ago but i hear through the local grapevine that the signal has disappeared again yesteray.

people are furious.

personally, i have moved to giffgaff and have notified vodafone they have breached their contract and will not be getting any more money off me.

yesterday i then received an email telling me my bill is ready. so i fully expect my problems to continue.

i also noticed that people in the Cwmbran area are also suffering with a similar problem. apparently this time it's due to a xmas tree farm.

again, not their fault and nothing they can do.

trevorjdaniel

OK - here we go!

As expected Vodafone have failed to acknowledge that they have broken the contract.

This morning I have received a bill for £551.71

I am quite prepared to see them in court. In fact I believe I have a strong enough case that I would relish my day in court.

How to I stop them simply passing this to a DCA and blackening my credit record?

So, how to do i respond to this? Any thoughts?

Thanks

Trev

grumbler

trevorjdaniel wrote: »

...How to I stop them simply passing this to a DCA and blackening my credit record?

They are supposed not to do this for some time if you dispute the bill.

So, how to do i respond to this? Any thoughts?

Well, what was the plan? I think this is something that you should have expected and be prepared to.

Personally, I would pay the bill, then sue them, but possibly you can send them a LBA and then start court actions without paying the bill.

trevorjdaniel

grumbler wrote: »

They are supposed not to do this for some time if you dispute the bill.

OK, I will email Lee from Vodafone yet again and make it 100% clear that I dispute the bill

grumbler wrote: »

Well, what was the plan? I think this is something that you should have expected and be prepared to.

Plan A was that Vodafone would recognise that they have broken the contract and reflect that in allowing me to leave without further problems

Plan B was what has happened. I suppose I expected this to happen and they have not suprised me by sending this final invoice.

I am perfectly prepared to see them in court and fight this as long as they play fair and take me to court.

grumbler wrote: »

Personally, I would pay the bill, then sue them, but possibly you can send them a LBA and then start court actions without paying the bill.

There is absolutely no way that I am paying this bill.

How can I send them a LBA for an bill they are sending me? Am I missing something?

Trev