How do i get my money back??

karlEmma

evening all, we need some major help or advice.
Emma was recently checking her statements only to find that shes been paying for two phone contracts.
The first been vodafone which should of ended over a year ago, and the second which is EE.
The vodafone contract was due an upgrade so she changed provider and got an iphone5.
The salesperson at EE assured Emma that the vodafone contract wouldnt be renewed.
After realising what has happened, she went to the vodafone shop where she got the original contract, the salesman checked the contract and confirmed that none of the data, texts or calls had been used. He suggested going to EE and all she got was they couldnt help.
Emma went back to vodafone and the man said she should get all the money back.
She rang vodafone and they offered me the last payment back which was £35 and they would cancel the contract.
Is there anyway Emma can get the full amount back.
Any advice would be great thankyou

redcard

Did Emma forget to cancel the Vodafone contract?

mije1983

I suppose technically the EE saleperson was right! The contract wasn't renewed but it did keep going on a rolling basis.

I'm not sure you have much chance of getting the money back. It was donw to her to inform Vodafone she wanted to cancel. Unless of course you can prove the EE saleperson misled you. That would be down to EE though and not Vodafone.

Dazedandconfused

Did she keep the same number? Normally when you cancel you get your PAC code to keep your number and that would be evidence they knew about the cancellation.

flashg67

Only the contract holder can cancel a contract, so I'd say Emma is unlikely to get anything back, seeing as she didn't cancel it herself. (Unless you have something in writing or recorded from EE). A contract doesn't renew as such - it has a minimum term and then keeps on forever until you cancel it, usually needing 30 days notice.


Pretty good to offer £35 IMO, seeing as you're no longer a customer?


Harsh lesson not checking your accounts, and I speak from experience!

grumbler

karlEmma wrote: »

The salesperson at EE assured Emma that the vodafone contract wouldnt be renewed.

I think from now on Emma will take all words of all salespeople with a pinch of salt, especially when it's a EE salesperson advising about Vodafone, and will start reading the contracts instead

...she went to the vodafone shop where ... the salesman... suggested going to EE ... they couldnt help.
Emma went back to vodafone...

What a runaround!

and the man said she should get all the money back.

See - the salesman telling porkies again.

She rang vodafone and they offered me the last payment back which was £35 and they would cancel the contract.
Is there anyway Emma can get the full amount back.
Any advice would be great thankyou

[STRIKE]Emma has to be very happy that she got away with paying just £35 instead of ~£400. This is a very small price to pay for a very valuable lesson.[/STRIKE]

Thanks Rusty for correcting me below. Nothing to be happy with really...:( Lesson is valuable, but the price is too high. It's really worth trying to get back more. Many people were successful in similar situation.

karlEmma

Wow thank you for the quick replys. I didn't think she'd have much chance of getting any think back.
We checked her statements for her bank and there's been at least 3 payments, she couldn't go back anymore.
As you say she needs to check much more regularly. I'll tell her the bad news and thankyou again!!!
Karl

grumbler

karlEmma wrote: »

...I didn't think she'd have much chance of getting any think back.

She really needs to get it back.

Anoneemoose

I have no idea why an EE salesperson would say the voda contract wouldn't continue unless there was talk of porting a number which Emma didn't go through with for some reason.

I don't believe that is the full story. I know EE have not got a very good reputation right now but I don't believe they would state something that they obviously have no control over. It was Emma's responsibility to ensure the voda contract was cancelled when requested. EE are not allowed to cancel another network's agreement.

And as it is voda who have pocketed the extra money (assuming she has successfully been using the EE service), it should be them she approaches with a view to refunding. Why would EE refund something Voda have the cash for?

I don't think she has much chance of a refund if she has not requested to cancel the agreement in the first place - there is jo harm in trying though.

gjchester

Anoneemoose wrote: »

And as it is voda who have pocketed the extra money (assuming she has successfully been using the EE service), it should be them she approaches with a view to refunding. Why would EE refund something Voda have the cash for?

How could Vodafone know if a new contract was taken out on a different network unless the number was ported. As you said it was Emma who had to initiate a cancellation.


They have no "pocketed" extra money, they have correctly been paid for a service they had provided. Its not down to Vodafone to do anything other than make the ability to make and receive calls available, Emma did not use it, nothing to do with Vodafone.

Anoneemoose

gjchester wrote: »

How could Vodafone know if a new contract was taken out on a different network unless the number was ported. As you said it was Emma who had to initiate a cancellation.


They have no "pocketed" extra money, they have correctly been paid for a service they had provided. Its not down to Vodafone to do anything other than make the ability to make and receive calls available, Emma did not use it, nothing to do with Vodafone.

I agree. What I meant is, Emma is requesting a refund - the only people who can give her the money back (and I am not saying they should) are the people who have had it. EE can't refund voda's money.

As a pp says, if Emma has proof that EE said they would sort the cancellation out, then they would have to address it and maybe credit her somehow. But it sounds to me like there won't be any proof that EE promised they would arrange cancellation. Because that's just not something they can do!