Vodafone vs a Learning disabled girl!

Towanda_2

My daughter has a learning disability, one of the very few independent things she does is control her own mobile phone contract and up until November 2012 all was going swimmingly.

In January 2013 she received a bill for £189.20 way above her usual £15/£17 amount. When she brought it to me in tears I investigated and found and amount of £163.50 had been added for purchases from a company called Zong. I later found this amount to be charges incurred via a game on face book for which she had accepted one text. Zong were unwilling to refund the charges.
I phoned vodafone and was told that she had accepted the terms of the contract and had now to pay the bill, as she did not have nearly enough money to do so I asked them to spread the payments over the next few months and then to look at terminating her contract, they advised me that the contract was to run until July 2014 and that she should pay £60 per month until the debt was paid then pay her contract at a rate of £20 per month until it finished.
Reluctantly I agreed to her doing this.
I complained to Offcom about this at the time.

In May the DoWP stopped her job seekers allowance for two weeks because she had failed to attend a back to work appointment - she was sick, as a consequence her Direct Debit to Vodafone wasn't paid on June 1st.
I rang Vodafone and the lady I spoke to (call lasted nearly two hours) agreed that she should pay £60 when she was paid (today) a further £60 two weeks later then her payment as normal 1st August, her contract would then run as normal to July next year.
Today she rang to pay the £60 as agreed to be told this would not be accepted and that she now owed them £150 to be paid immediately or her case would be sent to debt recovery agents.
I rang them back they told me they had no record of my call (last Friday) and that she must pay the £150 now, I told them this was impossible could she pay the agreed plan, to be told NO! she owes us £150 she is an adult and has to pay what she owes!

So What now? I have reported this to Offcom, Phone pay plus (who need the short code for the payments to Zong) and to the ombudsman, all of whom appear to be powerless, who can I speak to at Vodafone as the so called manager at the customer payments section was brilliant at patronising and stonewalling me!

Very upset and annoyed but thankful my daughter still has me to fight her corner!

Earthworm

Sorry to hear about your issues. Unfortunately Vodafone haven't done anything wrong in this case. Learning difficulties will not grant special priority over others. Given the circumstances the best advice I could give would be to sell the handset and put this towards buying out the contract.

Your first sentence summed it up really... She handles her mobile phone contract herself independently... Unfortunately that means she is required to pay what she owes. I would never recommend pay monthly for someone on JSA... PAYG is always the way to go. Good luck.

chanz4

Have to agree, nothing has been done wrong.

sdduk

Sorry but if your daughter as learning disability then she shouldn't have a contract phone as you have now found out

Vodaphone have done nothing wrong as Earthworm said.

d123

Agree as well, and the facts relating to your daughters health are unfortunately immaterial.

If you feel she is unable to control her phone (and the peripheral purchases possible via the phone) then perhaps she shouldn't be left to control it alone, but that isn't Vodafones problem or fault, that is a failing on those who support her.

Bingolingo

sdduk wrote: »

Sorry but if your daughter as learning disability then she shouldn't have a contract phone as you have now found out

Vodaphone have done nothing wrong as Earthworm said.

Errr, not the best thing to say. Learning disabilities affect people in varying degrees. Whilst I agree that contracts should not be entered into unless someone is capable, having a learning disability, especially when assistance by a family member is available, is not necessarily something that should be prevented absolutely.

I think the issue here is simply financial. In app purchases, premium text services etc. can get the better of anyone, regardless of their mental capacity. It's a common theme for a lot of posts on this forum and the majority of posters looking for help do not have a learning disability.

@ The OP

Go with your daughter to your local CAB and ask them to assist with this matter. As other posts have stated, the debt owed to Vodafone is legitimate. IMO your daughter may have a case for having the contract rescinded as she may not have had the capacity to enter into it in the first place. However, I don't know the detail and can't say for sure. This would depend upon, amongst other things, the capability of your daughter and the manner in which the contract was sold.

Either way, CAB will be able to advise on the best course of action, which may be a debt repayment plan or court action to have the contract cancelled.

sdduk

Bingolingo wrote: »

Errr, not the best thing to say. Learning disabilities affect people in varying degrees. Whilst I agree that contracts should not be entered into unless someone is capable, having a learning disability, especially when assistance by a family member is available, is not necessarily something that should be prevented absolutely.

I think the issue here is simply financial. In app purchases, premium text services etc. can get the better of anyone, regardless of their mental capacity. It's a common theme for a lot of posts on this forum and the majority of posters looking for help do not have a learning disability.

@ The OP

Go with your daughter to your local CAB and ask them to assist with this matter. As other posts have stated, the debt owed to Vodafone is legitimate. IMO your daughter may have a case for having the contract rescinded as she may not have had the capacity to enter into it in the first place. However, I don't know the detail and can't say for sure. This would depend upon, amongst other things, the capability of your daughter and the manner in which the contract was sold.

Either way, CAB will be able to advise on the best course of action, which may be a debt repayment plan or court action to have the contract cancelled.

Was just telling the truth but as you said some one should have gone with her to take the contract out

i myself have trouble with words and spelling.....And i went to a normal school
but i still have Learning disabilities but if i need help i ask.

mobilejunkie

Towanda wrote: »

I phoned vodafone and was told that she had accepted the terms of the contract and had now to pay the bill, as she did not have nearly enough money to do so I asked them to spread the payments over the next few months and then to look at terminating her contract, they advised me that the contract was to run until July 2014 and that she should pay £60 per month until the debt was paid then pay her contract at a rate of £20 per month until it finished.
Reluctantly I agreed to her doing this.
I complained to Offcom about this at the time...

I rang Vodafone and the lady I spoke to (call lasted nearly two hours) agreed that she should pay £60 when she was paid (today) a further £60 two weeks later then her payment as normal 1st August, her contract would then run as normal to July next year.
Today she rang to pay the £60 as agreed to be told this would not be accepted and that she now owed them £150 to be paid immediately or her case would be sent to debt recovery agents.
I rang them back they told me they had no record of my call (last Friday) and that she must pay the £150 now, I told them this was impossible could she pay the agreed plan, to be told NO! she owes us £150 she is an adult and has to pay what she owes!

Although I agree with the other comments generally, I really do feel they miss the main point. That is, Vodafone reached an agreement with you over the phone and later not only renaged BUT denied it ever occurred. Although some might believe Vodafone I do not - they routinely make promises they NEVER keep and I would actually anticipate such an occurrence where an agreement has been reached with them.

Complaining to regulators is a complete and utter waste of time. They are only there as a sham to pretend there is some higher regulatory body which keeps the networks in check and (in any case) Vodafone has done nothing wrong except agree something they plainly had no intention of implementing.

You need to contact the Web Relations Team via their online form with the Heading "WRT135". THEY are the ONLY part of Vodafone who WILL give a damn and try to help you.

Earthworm

mobilejunkie wrote: »

Although I agree with the other comments generally, I really do feel they miss the main point. That is, Vodafone reached an agreement with you over the phone and later not only renaged BUT denied it ever occurred.

I do agree with this totally... The fact that a customer service advisor has offered this and another has withdrawn it isn't nice but it would be difficult to prove and ultimately the money is still owed.

Regarding the additional third party charges there are many other posts about them but most others deny ever actually signing up to them... The OP did not deny their daughter actually used this service and she may have been advised by text of the charges. It still comes back to the fact that PAYG would have been a much better route and that selling the current phone gives them some of the cash to come out of their contract.

Towanda_2

Thank you for your replies, especially those which actually got the point, Vodafone agreed to a payment plan then refused to admit it and demanded that the whole contract be paid in full immediately.

My daughter is paying the £150 demanded of her as I write this.

As to whether or not my daughter should be continually monitored and supported, perhaps those of you who were so quick to judge would like to tell me how?

I am a widow, I have to work to keep a roof over our heads and food on the table, how am I to be in two places at once, or perhaps you think I should commit my daughter into care when I am out? pray tell how I pay for this?
My daughter is a severe dyspraxic with dislexia and discalculia, other than that she is a normal healthy independent minded 21 year old, sadly we live in a society which condemns such people to unemployment and low financial support.

Yes in an ideal world I would be there all the time and support her but again, what happens when I die?

"before you judge him, walk a mile in the mans moccasins'

Own_My_Own

Towanda wrote: »

Thank you for your replies, especially those which actually got the point, Vodafone agreed to a payment plan then refused to admit it and demanded that the whole contract be paid in full immediately.

My daughter is paying the £150 demanded of her as I write this.

As to whether or not my daughter should be continually monitored and supported, perhaps those of you who were so quick to judge would like to tell me how?

I am a widow, I have to work to keep a roof over our heads and food on the table, how am I to be in two places at once, or perhaps you think I should commit my daughter into care when I am out? pray tell how I pay for this?
My daughter is a severe dyspraxic with dislexia and discalculia, other than that she is a normal healthy independent minded 21 year old, sadly we live in a society which condemns such people to unemployment and low financial support.

Yes in an ideal world I would be there all the time and support her but again, what happens when I die?

"before you judge him, walk a mile in the mans moccasins'

Sorry but you are completely over-reacting to the comments made on this thread.
Nobody suggested you ' put her in a home'
Saying that if she cannot cope with a contract phone get her a payg phone, is not the big deal you are making it.

Really her disability has nothing to do with Vodaphone withdrawing a pay plan. You could have posted without even mentioning her disability. But you choose to use her disability, hoping it would make Vodaphone look like an evil anti-disabled people company.

And before you say ' you don't know what it is like. ' my son has asd and I have never used his disability to make a point.