Vodafone Breach Of Contract...

SteMGalloway

I called Vodafone in late 2012 to cancel my contract due to numerous problems. A Customer Relations (CR) advisor persuaded me to stay as I was "a valued customer". I was assured my issues were rectified and advised I could upgrade. Given the previous problems, I refused to upgrade. The advisor suggested I purchase a handset only and continue on my "30 day rolling contract". Having credits on my account, I used these to pay in part for a HTC One S. Upon arrival, the handset was defective. It was sent by Vodafone for repair on the required 3 occasions. Still not fixed, Vodafone agreed to exchange. The replacement was also defective. CR offered to send another of the handsets but I did not want to risk more problems. As an apology, in Dec' 12, Vodafone offered a £35 credit and I paid £35 by debit card to 'upgrade' to "the next model up". Unfortunately, when this HTC One X+ handset arrived, it was again defective. CR offered to exchange immediately. However, I received a reconditioned phone which had been 'repaired' but was still not working. Having not agreed to a refurb model, I spoke with CR who agreed to send out a new handset. Upon checking, they realised they no longer stocked that handset. As a resolution, Vodafone agreed both verbally (on many occasions throughout February and March '13) and in several emails to issue a HTC One handset upon release. This was a "like-for-like swap". A CR Advisor agreed this with their manager. They also agreed to contact me when stock came in although I did chase this up on numerous occasions and was always told the only hold up was waiting for stock. On 18th March 2013, I called to chase delivery but was informed the CR advisor who I had previously dealt with no longer worked for that team. Vodafone also refused to honour their promise of providing the handset. The matter has now reached "Deadlock" but I believe I am entitled to the HTC One handset as agreed. Vodafone have now left me with a broken phone and no resolution. Consumer Rights and legal advice I have received all state this is a breach of contract as the handset was offered as a 'full and final' resolution by Vodafone. I then accepted this. As such, it became a legally binding contract. Any advice on this matter would be gratefully received. Thanks in advance

DUTR

SteMGalloway wrote: »

I called Vodafone in late 2012 to cancel my contract due to numerous problems. A Customer Relations (CR) advisor persuaded me to stay as I was "a valued customer". I was assured my issues were rectified and advised I could upgrade. Given the previous problems, I refused to upgrade. The advisor suggested I purchase a handset only and continue on my "30 day rolling contract". Having credits on my account, I used these to pay in part for a HTC One S. Upon arrival, the handset was defective. It was sent by Vodafone for repair on the required 3 occasions. Still not fixed, Vodafone agreed to exchange. The replacement was also defective. CR offered to send another of the handsets but I did not want to risk more problems. As an apology, in Dec' 12, Vodafone offered a £35 credit and I paid £35 by debit card to 'upgrade' to "the next model up". Unfortunately, when this HTC One X+ handset arrived, it was again defective. CR offered to exchange immediately. However, I received a reconditioned phone which had been 'repaired' but was still not working. Having not agreed to a refurb model, I spoke with CR who agreed to send out a new handset. Upon checking, they realised they no longer stocked that handset. As a resolution, Vodafone agreed both verbally (on many occasions throughout February and March '13) and in several emails to issue a HTC One handset upon release. This was a "like-for-like swap". A CR Advisor agreed this with their manager. They also agreed to contact me when stock came in although I did chase this up on numerous occasions and was always told the only hold up was waiting for stock. On 18th March 2013, I called to chase delivery but was informed the CR advisor who I had previously dealt with no longer worked for that team. Vodafone also refused to honour their promise of providing the handset. The matter has now reached "Deadlock" but I believe I am entitled to the HTC One handset as agreed. Vodafone have now left me with a broken phone and no resolution. Consumer Rights and legal advice I have received all state this is a breach of contract as the handset was offered as a 'full and final' resolution by Vodafone. I then accepted this. As such, it became a legally binding contract. Any advice on this matter would be gratefully received. Thanks in advance

Some people are easily buttered up, you were leaving earlier, so leave! There are other providers tha maybe able to offer you service where you wish to use a phone.

SteMGalloway

Some people are easily buttered up, you were leaving earlier, so leave! There are other providers tha maybe able to offer you service where you wish to use a phone.

!

In a way, you're right and I wish I had of stuck to my guns. That said however, I'm a great believe in 'better the devil you know'.

That aside, your reply doesn't really help as I have now paid originally for a phone which I do not now have. Why would I therefore walk away now without fighting for my rights?

Very silly suggestion really sorry

DUTR

SteMGalloway wrote: »

!

In a way, you're right and I wish I had of stuck to my guns. That said however, I'm a great believe in 'better the devil you know'.

That aside, your reply doesn't really help as I have now paid originally for a phone which I do not now have. Why would I therefore walk away now without fighting for my rights?

Very silly suggestion really sorry

I agree better the devil you know sometimes.
Also if something sounds too good to be true then it probably is, unless you are a very high spender, then realistically, why on earth would one think that a network is going to offer as a retainer a brand new just released flagship handset for free, the netowrks are not going to fold through the loss of one or two customers here or there. Most of the time the customer wants the device more than the network needs the custom, after all the networks are offering a credit agreement for a handset which otherwise the purchaser would only dream about especially when they won't use half of the benefits of the device.

SteMGalloway

To clarify:

I paid for the HTC One S using a mixture of the credit on my Vodafone account (which if I had cancelled Vodafone were going to refund to my bank account) and my debit card. Therefore this handset was fully paid for.

After several defective handsets, I did not want to run the risk of another so Vodafone advised I should consider a different model. I therefore decided to go for the next model up which was the HTC One X+.

Vodafone put a £35 credit toward the difference between the HTC One S and the X+ by way of an apology. I paid the remaining difference. So, both handsets have now been paid for by me from either credit on my Vodafone account or also a debit card payment in full.

When the HTC One X+ arrived defective, Vodafone Customer Relations agreed to send out a new handset. Instead they sent out a refurb and repaired one which did not work. I informed them this was not what was agreed, they concurred and said they would exchange the refurb for the new X+ as promised.

However, they then realised that they no longer stocked the item (less than 2 months after it's release). As an alternative, they agreed to send the HTC One as it was essentially a "like for like" exchange.

Now however they are refusing to send it meaning I have paid for a new handset in full but have been left with only the refurbished broken One X+.

Hope this clears any confusion you have up as I certainly have not got anything for free.

DUTR

SteMGalloway wrote: »

To clarify:

I paid for the HTC One S using a mixture of the credit on my Vodafone account (which if I had cancelled Vodafone were going to refund to my bank account) and my debit card. Therefore this handset was fully paid for.

After several defective handsets, I did not want to run the risk of another so Vodafone advised I should consider a different model. I therefore decided to go for the next model up which was the HTC One X+.

Vodafone put a £35 credit toward the difference between the HTC One S and the X+ by way of an apology. I paid the remaining difference. So, both handsets have now been paid for by me from either credit on my Vodafone account or also a debit card payment in full.

When the HTC One X+ arrived defective, Vodafone Customer Relations agreed to send out a new handset. Instead they sent out a refurb and repaired one which did not work. I informed them this was not what was agreed, they concurred and said they would exchange the refurb for the new X+ as promised.

However, they then realised that they no longer stocked the item (less than 2 months after it's release). As an alternative, they agreed to send the HTC One as it was essentially a "like for like" exchange.

Now however they are refusing to send it meaning I have paid for a new handset in full but have been left with only the refurbished broken One X+.

Hope this clears any confusion you have up as I certainly have not got anything for free.

Ok, it sort of has, when you say the handsets are not working, what are the symptoms? As laws of probability leaves it very rare for each and every handset you have to be faulty on arrival

SteMGalloway

Different issues from screen not responding to phone not even switching on. I've seen many people who are customers of Vodafone commenting that numerous handsets have arrived defective.

Vodafone have even got notes detailing all issues

Herongull

Are they prepared to refund your money?

If so, why not take the refund and port out.

If not, take them to the ombudsman or the small claims court.

SteMGalloway

Hi,

No, they have refused to do anything. As I say, I am now left with a refurbished HTC One X+ that does not work.

I am looking at further action which is why I wanted to find out if their (inaction) constitutes a breach of contract

Buzby

What confuses me is the title. How is this any Breach of Contract? Your phone is an inducement only, your contract is for mobile service (which are linked to the SIM itself, not any handset).

Anything else on the reliability of the handset supplied falls to DSR or SOGA. After the initial swap, SOGA ceased to be relevant and any resolution will be based on what you can negotiate - nothing to do with your contract.

Guys_Dad

Buzby wrote: »

What confuses me is the title. How is this any Breach of Contract? Your phone is an inducement only, your contract is for mobile service (which are linked to the SIM itself, not any handset).

Anything else on the reliability of the handset supplied falls to DSR or SOGA. After the initial swap, SOGA ceased to be relevant and any resolution will be based on what you can negotiate - nothing to do with your contract.

I think OP is referring to the fact they part paid for a new handset and have been fobbed off with non working 2nd hand ones that don't work. The part payment makes a second contract rather than a free inducement.

But is much more relevant to SOGA and DSR as you say.