Vodafone: Breach of contract advice?

Tony5101

marywooyeah wrote: »

Vodafone insider do you have mse's permission to be posting on behalf of the company?

I don't think that they are, are they?
The fact that they work for the company and give information out, doesn't mean that they're posting on behalf of Voda. I for one, welcome their input..as it usually comes without the usual corporate bias.

Pineapple88

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.

I'm not sure it's relevenat whether or not its a new contract. Previously the company charged a £5 late payment fee for each month you were suspended. This has now changed and now they will charge you a late payment fee whenever you make a late payment, regardless of whether the phone is suspended or not. This has changed for all customers regardless of whether they are old, new, upgrading or not so I'm not sure its the responsibility of the sales agent to inform them or this as its not specifically related to the new contract.

There doesn't tend to be much notice when company policy changes so the sales agent may not have known about the policy when you upgraded. They may not even know now as they don't deal with billing and this is not an issue related to the upgrade, a simple 'please see full t&c's on website' (which are likely to include a variation/admin charge clause) should cover them.

d123

marywooyeah wrote: »

Vodafone insider do you have mse's permission to be posting on behalf of the company?

I doubt he/she even has Vodas permission .

They have given some good impartial information and advice in a few threads.

Definitely welcome to see some insider info minus the corporate BS of the official Voda rep.

SnowTiger

naff123 wrote: »

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.

The Terms and Conditions are here: http://www.vodafone.co.uk/about-this-site/terms-and-conditions/pay-monthly-airtime-conditions/index.htm.

Did the rep read the whole lot out to you, specifically missing out point 5 of the Pay monthly airtime conditions?

Those T&Cs appear to have been in place since September 2011, so you probably received notification of them some time ago.

Anyway, if those aren't the T&Cs of your contract, dig out the correct ones and put in a formal complaint.

wantmemoney

Buzby wrote:

Your contract did not 'come to an end', you just completed the minimum term.

are you suggesting that a 18 month 'minimum term' contract is potentionally infinite and made up of many minimum terms of 18 months?

Cycrow

wantmemoney wrote: »

are you suggesting that a 18 month 'minimum term' contract is potentionally infinite and made up of many minimum terms of 18 months?

if you dont end your contract, then yes, it is infinite. The contract doesn't just end after 18 months

jasonwatkins

Cycrow wrote: »

if you dont end your contract, then yes, it is infinite. The contract doesn't just end after 18 months

Exactly - same principle applies with the likes of Sky and Virgin.

SteveT2008

Hi Guys
I'm new here and also with vodafone.
Before you all start I have never made a late payment!
I am currently studying a PHD in contract law so I know my stuff...
However this should not be considered legal advice...

For a contract to be formed there must be a clear offer which is accepted.
A contract formed over the phone must be explained in full to avoid misrepresentation, so the adviser must say you will get x minutes x texts x internet x phone and must then explain the terms and conditions... However these companies are quite clever; explaining the T&C's normally takes time so to avoid this they will say that the paperwork will be sent out to you and if you disagree with any clauses then you may cancel your contract under your 7/14 day peace of mind guarantee.

This method is very flimsy as they cannot prove you received the contract to look over.

You do not have to pay these charges!! just argue it over the phone and ask for the matter to be escalated.

You can't rescind the contract however as this would not be a core condition (A core condition would be something regarding minutes texts data phone). anything else feel free to ask

SteveT2008

SnowTiger wrote: »

The Terms and Conditions are here:

Did the rep read the whole lot out to you, specifically missing out point 5 of the Pay monthly airtime conditions?

Those T&Cs appear to have been in place since September 2011, so you probably received notification of them some time ago.

Anyway, if those aren't the T&Cs of your contract, dig out the correct ones and put in a formal complaint.

It is not the customers duty to discover the terms and conditions, they must be notified to them.

Example if I sell you a phone contract for £29.99 per month and fail to mention that I can change the fee at any time (but this info has been available on my website for 5 years), can I raise your bill to £2000 per month with 14 days notice?

Think about what your saying before you give people the wrong advice!

gjchester

SteveT2008 wrote: »

It is not the customers duty to discover the terms and conditions, they must be notified to them.

True, however the adviser can ask if the customer has read the T&C on the website, and that would count.

You could also argue that if someone was told they would recieve the paperwork in 7 /14 days and if it didn't arrive , and then they never queried the missing paperwork they are also at fault.