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Vodafone: Breach of contract advice?

245

Comments

  • MissKeith
    MissKeith Posts: 751 Forumite
    Do what the lady did and "be brave". Take it to SCC and try your luck.
    Have I helped? Feel free to click the 'Thanks' button. I like to feel useful (and smug). ;)
  • Cycrow
    Cycrow Posts: 2,639 Forumite
    naff123 wrote: »
    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.

    As its been pointed out, they do allow changes like this in the t&c which you agreeed to.

    and if your paying late, then its you in breach of contract, not vodafone
    naff123 wrote: »
    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.

    its not a new contract, it was an upgrade.
  • naff123
    naff123 Posts: 227 Forumite
    Debt-free and Proud!
    edited 13 June 2013 at 8:10AM
    Cycrow wrote: »
    As its been pointed out, they do allow changes like this in the t&c which you agreeed to.

    and if your paying late, then its you in breach of contract, not vodafone



    its not a new contract, it was an upgrade.


    But if they don't verbally tell you of any changes in the contract prior to signing then it is a miss sell as I could of signed up based on this sole fact. This IS HOW it works when you do a contract over the phone if you point me to any scripture telling me other wise then.

    It's nothing to do of if I am paying late or not because I am not I am just disputing their Trading practice to change my T and C via Text

    Because anything verbally agree'd on the phone at the time is a contract in itself anything added to the contract or T's and C's there after is not part of the contract
  • oldgrumpygit
    oldgrumpygit Posts: 121 Forumite
    naff123 wrote: »
    But if they don't verbally tell you of any changes in the contract prior to signing then it is a miss sell as I could of signed up based on this sole fact. This IS HOW it works when you do a contract over the phone if you point me to any scripture telling me other wise then.

    It's nothing to do of if I am paying late or not because I am not I am just disputing their Trading practice to change my T and C via Text

    Because anything verbally agree'd on the phone at the time is a contract in itself anything added to the contract or T's and C's there after is not part of the contract

    If you are on a pay monthly contract then you would be covered by the conditions which state

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

    So it appears that they have now told you that the amount to be charged will be a fiver.

    So no alteration or changes in the T&C that you agreed to.
  • Silk
    Silk Posts: 4,836 Forumite
    Part of the Furniture
    naff123 wrote: »
    But if they don't verbally tell you of any changes in the contract prior to signing then it is a miss sell as I could of signed up based on this sole fact. This IS HOW it works when you do a contract over the phone if you point me to any scripture telling me other wise then.

    It's nothing to do of if I am paying late or not because I am not I am just disputing their Trading practice to change my T and C via Text

    Because anything verbally agree'd on the phone at the time is a contract in itself anything added to the contract or T's and C's there after is not part of the contract

    They have not made any changes to the contract, all they have done is advise you of the charge because you made a late payment.

    It's impossible to change T&C's by text anyway :rotfl:
    It's not just about the money
  • Tony5101
    Tony5101 Posts: 1,589 Forumite
    1,000 Posts Combo Breaker
    I'm not going to get into a slanging match - but OP - come on...if you pay ANY bills late - there are always fines/LPC's etc to pay. Show me ANY company in any industry that doesn't do the same.
    If you use a service, then you can't expect a provider to wait forever to be paid.
    The watchdog programme last night has got a lot to answer for - every man and their dog is now going to think that they can get away with anything, because "they weren't explicitly told".

    Contracts are a two way street. If paying your bills late or via another method other than DD without having an LPC/surcharge applied was an explicit requirement - then you had a duty to inform Vodafone that this was your requirement before entering into a contract with them. At which point, they would have told you in no uncertain terms to go away.
  • jasonwatkins
    jasonwatkins Posts: 2,450 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    naff123 wrote: »
    It's a shame people on here now are more concerned on heckling and hounding people instead of genuinely trying to help people.

    People have helped you - the problem is, it's not what you want to hear. You only want to hear people agree with your absurd attempt to try and exploit a non-existent technicality to get out of a contract you don't want.
  • The Vodafone telesales script says full terms and conditions are on the website or available on request. I have a copy in front of me now
  • marywooyeah
    marywooyeah Posts: 2,670 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Vodafone insider do you have mse's permission to be posting on behalf of the company?
  • Buzby
    Buzby Posts: 8,275 Forumite
    And I don't believe it IS a 'new' contract - unless you have new contract number? Your contract did not 'come to an end', you just completed the minimum term.

    There is also no requirement for the T&C's to be verbally disclosed - so this argument is a non starter. Indeed, you were covered by these T&C's with your original contract, you cannot then disregard them because they are 'new'. If you are looking for loopholes, these are not going to work.
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