Vodafone: Breach of contract advice?

naff123

Good evening all

so just watched the watchdog episode about the lady in australia and so forth

I believe they have breached my agree'd contract to so here we go tell me what you think:

I was coming to end of my contract at the start of April and got a phone call from Vodafone offering me a upgrade to get a Samsung Galaxy S4 for £35 a month explained the T&C's and got me to place the order there and then after some haggling on price.

Well 2 weeks ago I get a text from vodafone saying they are adding a £5 admin fee with every late paid bill.

I am sorry I didn't agree to this at the time of sale and I did not get explained my contract or T's & C's will change in the 24 month period I am in this deal and the contract I signed on the phone did not contain this detail.

my question is am I within my right to cancel my deal with no early termination charge on the basis they have breached our agree'd contract and for them inducing me into signing my contract and misleading me?

If so how can I ensure that they abide by the regulations and contract law?

All the best!

naff123

Bump.

don't want this to fall astray

jasonwatkins

They didn't mislead and 'induce' you to sign a contract. It sounds like you've realised you can't afford it or don't want a 24 month deal and want a way out.

It's not Vodafone's responsibility to hand-hold you through the contract - it's yours, so i'm afraid you're stuck with it.

mije1983

Do all providers not charge late payment fees anyway?

Edit:

This is from the T&C's on their website:

We may also charge you reasonable administration costs as a result of you paying your bill late or failing to pay it.

and

We may occasionally change or introduce new charges. If we believe any change in our charges will not disadvantage you, we may include it without telling you. However, if we increase our charges, we’ll give you at least 14 days' notice.

So I would say they are not in breach of contract and you will have to pay it (or better still don't pay late then you won't incur that £5 charge )

oldgrumpygit

I suspect that there will be a clause in the contract that allows them to do this as long as customers are given a defined amount of notice.


You probably signed up to pay the bills on time and now they are letting people know that if they do not, (pay on time which is probably in breach of the contract) then a penalty will apply.

If you keep paying on time it will make no difference.

robbies_gal

jesus i knew that program would start an influx of complaints but this is ridiculous

wantmemoney

jasonwatkins wrote:

It's not Vodafone's responsibility to hand-hold you through the contract - it's yours, so i'm afraid you're stuck with it.

if a customer is entering into a new contract over the phone it's very much the 'responsibility' of the seller to fully explain the terms and conditions of that verbal agreement.

a verbal agreement is not the same as a written agreement.

jasonwatkins

wantmemoney wrote: »

if a customer is entering into a new contract over the phone it's very much the 'responsibility' of the seller to fully explain the terms and conditions of that verbal agreement.

a verbal agreement is not the same as a written agreement.

Regardless, you don't have a leg to stand on.

diamonds

Simplified:

In a court of law you break the law you get fined or jailed.


In a term and condition that payment is (due and) late you get fined a late payment fee and/or cut off until you pay balance outstanding.




If you dont like the law or mobile t&c Ofcom allow, become a politician and change it

Techhead_2

wantmemoney wrote: »

if a customer is entering into a new contract over the phone it's very much the 'responsibility' of the seller to fully explain the terms and conditions of that verbal agreement.

a verbal agreement is not the same as a written agreement.

This wasn't a new contract, it was an upgrade. The seller would only have to explain any changed/additional conditions or terms. As the OP's existing contract had provision for additional charges then the possibility would not need to be discussed.

I don't understand your intended meaning of your final sentence.

naff123

Wow I cannot believe the type of people you get on this website anymore almost as bad as daily telegraph readers.

My point I am raising is I am in a new 24 month contract the salesmen on the phone made no insinuation about any late charges and there never used to be. until 2 weeks ago.

It's a shame people on here now are more concerned on heckling and hounding people instead of genuinely trying to help people.

So much ignorance and snobbery these days.

And to the last poster it was absolutely a new contract. with New minutes and New Text limits and mobile data limits with a new price with a new contract start date and a new phone.

That's like saying if I was to buy a new car that it isn't a new car it is an upgrade to my previous vehicle but not a new one because it has 4 wheels like any other car