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

Lynsey

Silk wrote: »

As they are not in the position to restore the network or even give a date for which it will be restored it would only be fair to allow the contract to cease without penalty

This is my stance also and fully agree.
It's pretty disgusting of Vodafone to not allow customers out of their contract in the above situation, it's well known in the area and has been for a while.
If anyone is considering taking out a contract with Vodafone, then this is the sort of Customer Service you will get when something goes wrong which is fully out of your control!!
In my opinion only, Vodafone should have had the sense to offer, even if only a "Gesture of Goodwill", the option of leaving Vodafone and to look for a service which can provide a network. This could easily turn out to be unresolved throughout the length of the original Op's contract!!

Vodafone and/or it's representatives would have carried out a survey of the mast location and the trees would/should have been a known issue. It could be argued that Vodafone are negligent??

Either way, I still fear for the OP's "Credit Rating". I hope Vodafone see sense and resolve this for the OP and others affected.

Vodafone, you have been a disgrace in this matter.

Lynsey

Buzby

trevorjdaniel wrote: »

I would also like to bring to your attention the comment from vodafone in the newspaper article.

I'm unclear why you believe a newspaper article has any ability to modify a binding contract. We're you a witness Ms Frapwell's statement that affected customers would be allowed to terminate? At best it is an aspiration, at worst it is PR - none of which helps your case.

You agreed to the original terms, and it is up to you to find a judge t agree with you, and at your cost. No mean feat. You are already aware that to summarily stop paying will cloud the issue whilst destroying your credit file. The network may be minded to to look at the issue and provide a goodwill termination, but this is discretionary and by no means certain.

What IS certain however, is that not taking out a contract provides you with greater flexibility to control your communications, and ensure this situation is not repeated. I would suggest you do what many others have already done, and refuse to be cuckolded in this way.

Gordon_Hose

I'm not sure why there's emphasis on a fault. There is NO fault here. It's the tree that is the problem, and the landowner won't allow Vodafone to prune it.

Vodafone can argue that the mast is working fine. And it is.

Personally I think the OP is clutching at straws here.

Gordon_Hose

trevorjdaniel wrote: »

its now online... interesting comment from Jane Frapwell...

"Mrs Frapwell said there were a number of other base stations within the locality providing coverage to the surrounding area, but users who had been left without service for an extended period may be entitled to terminate their contracts early."

http://www.penarthtimes.co.uk/news/9951198.Vodafone_confirms_that_Dinas_Powys_signal_problem_is_down_to__tall_trees_/?ref=mr

OP, I also bring to your attention the word "MAY"... there is no definite in that statement.

NFH

gjchester wrote: »

Again in what respect.

It's not Vodafone fault that a land owner is refusing access.

If Vodafone can show they have tried repeatedly to negotiate for the tree to be lopped then they are performing with reasonable care and skill.

As I said above, Vodafone needs to connect this mast to the rest of the network by cable rather than over the air. They should have foreseen the growth of trees when they originally surveyed the area for the position of the mast. This failure demonstrates a lack of reasonable care and skill.

Buzby wrote: »

I'm unclear why you believe a newspaper article has any ability to modify a binding contract. We're you a witness Ms Frapwell's statement that affected customers would be allowed to terminate?

A court would most likely accept the newspaper article in evidence. Generally anything said outside a contract can override it, unless it was said without prejudice.

trevorjdaniel

^^^^ exactly ^^^^

gjchester

trevorjdaniel wrote: »

^^^^ exactly ^^^^

While NFH's comment are what you want to hear, you need to accept that is not Vodafones interpretation. Vodafone seem to have decided their position, in that you have no grounds to cancel without penalty.

As I said earlier I think it's bad customer service, but as Buzby and Gordon have mentioned you need to decide if you want to take it to court.

Gordon_Hose

Personally I don't see how the OP will win in court.

trevorjdaniel

im not intending to take anything to court unless they damage my credit file.

i have given notice to Vodafone that although they may consider they are operating within their Terms & Conditions i consider they have breached them based on my Statutory Rights detailed above.

If having had a period of 3 weeks outage earlier in the year and now 4 weeks outage now, (bearing in mind they have admitted they knew the fault existed and continued) is not an example of not acting with reasonable skill and care then i dont know what is.

Gordon_Hose

There was no outage. There is a tree in the way.