carphone warehouse/vodaphone contract issues!

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I went into car phone warehouse on tuesday 18th September, to get the new iphone 6 on a NEW contract.

I had to go in a few times, i went in the day the phone was released as vodaphone werent processing my contract, and waited 24 hours and had no answer. We then went back the next day and waited near on 8 hours for another answer after they reprocessed the credit check. The colleague in carphone warehouse then hand to ring up and see if it had gone through and apparently it had been put through manually so we signed the credit agreement and everything, got the phone and sim and out we walked.

we waited until friday to pop the sim in as we was ending our 02 contract then. we popped it in and the simcard wasnt working so waited the 48 hours as advised. still nothing. went into vodafone as had honestly had enough of waiting around in car phone warehouse, where the colleague in there just simply took the sim card off of us and sent us back to car phone warehouse.

carphone warehouse then told us after explaining what had happened that the credit check had been cancelled and we didnt have a contract out with vodaphone at all, yet here we sit with the paperwork we have signed for with all the details. We was told to wait again while they reran the credit check and had no answer. they continued to do this 6 times!

we went on holiday for a week to be told that it would be escalated to the colleague dealing with its manager. we went back into store today and simply got told that theres nothing more they can do for us and expect to be billed for the phone as we have used it and they cant take it as a refund!

i have just phoned vodafone themselves and they have told me they havent recieved my proof of address ect, yet car phone warehouse claim they have sent them off loads of times. they have told me i need to go BACK to carphone warehouse and re do it all.

i have been back and forth to carphone warehouse loads of times costing me well over £20 in travel now. And so much time has been wasted.

i have no idea what to do now as if i go back into carphone warehouse they are just going to repeat to me that there is nothing else they can do. i cant go into vodafone as they will tell me to go back to carphone warehouse, i cant afford to pay for the phone out right, hense why i got the contract, why have they given me something, made me sign a agreement and now telling me i dont actually have to have one!

i would appreciate any help that any one can give and also a step in the right direction would be appreciated aswell.

thank you in advance, and apologies for the essay, if i have been a bit vague sorry, but please do ask questions so i can fill you in with the correct information
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Comments

  • secretmsg
    secretmsg Posts: 230 Forumite
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    So u got the phone with you?but no sim and contract..
  • Silk
    Silk Posts: 4,836 Forumite
    First Anniversary
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    i have just phoned vodafone themselves and they have told me they havent recieved my proof of address ect, yet car phone warehouse claim they have sent them off loads of times. they have told me i need to go BACK to carphone warehouse and re do it all.
    Was proof of address etc provided by you at the store when the order was processed?
    It's not just about the money
  • jumbojimbo
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    Customer agreement
    I have read and agree to the following:

    A, This agreement covers the SIM and any services I use in my plan. It doesn't cover any mobile equipment, other than when I may need to make a payment for mobile equipment to Vodafone when this agreement ends.

    B, This agreement is for the minimum period shown on the order form or in the welcome note. It starts when Vodafone connects my SIM card to the plan shown and I may end it by giving Vodafone 30 days' written notice. If it ends before the end of the minimum period (whether by me or Vodafone), I must still pay all the plan charges until the end of the minimum period. This applies when this agreement comes to an end in clause 11, except:

    If I end this agreement due to a specific thing that Vodafone has done as detailed in clause 11b.

    11.b) You may end this agreement by writing to us if:

    we don't do something fundamental that we should have done under this agreement (for example, if there is a complete failure of the entire UK network for seven days in a row due to something we have done), within seven days of you asking us in writing;

    we change this agreement to your material detriment. This includes
    (ii) changing or withdrawing services.
    We will tell you if this is the case. You need to write to us within one month of us telling you about the change, withdrawal or increase.

    The above is taken from the terms and conditions of the contract you signed. This agreement only starts when Vodafone connect your sim card to the plan shown. If Vodafone say they never agreed to the above contract and it isn't valid then ask them where you contractually agreed to pay for the device outright.

    Your acceptance of this contract was conditional on Vodafone providing you the device either for free/reduced upfront fee in return for a 24 month contract. If Vodafone refuse to accept your eligibility for the service contract, then trying to force you to pay the full price for the device is not a condition of the contract you agreed to, nor signed.
  • Techhead_2
    Techhead_2 Posts: 1,769 Forumite
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    jumbojimbo wrote: »
    Customer agreement
    I have read and agree to the following:

    A, This agreement covers the SIM and any services I use in my plan. It doesn't cover any mobile equipment, other than when I may need to make a payment for mobile equipment to Vodafone when this agreement ends.

    B, This agreement is for the minimum period shown on the order form or in the welcome note. It starts when Vodafone connects my SIM card to the plan shown and I may end it by giving Vodafone 30 days' written notice. If it ends before the end of the minimum period (whether by me or Vodafone), I must still pay all the plan charges until the end of the minimum period. This applies when this agreement comes to an end in clause 11, except:

    If I end this agreement due to a specific thing that Vodafone has done as detailed in clause 11b.

    11.b) You may end this agreement by writing to us if:

    we don't do something fundamental that we should have done under this agreement (for example, if there is a complete failure of the entire UK network for seven days in a row due to something we have done), within seven days of you asking us in writing;

    we change this agreement to your material detriment. This includes
    (ii) changing or withdrawing services.
    We will tell you if this is the case. You need to write to us within one month of us telling you about the change, withdrawal or increase.

    The above is taken from the terms and conditions of the contract you signed. This agreement only starts when Vodafone connect your sim card to the plan shown. If Vodafone say they never agreed to the above contract and it isn't valid then ask them where you contractually agreed to pay for the device outright.

    Your acceptance of this contract was conditional on Vodafone providing you the device either for free/reduced upfront fee in return for a 24 month contract. If Vodafone refuse to accept your eligibility for the service contract, then trying to force you to pay the full price for the device is not a condition of the contract you agreed to, nor signed.
    It's Carphone Warehouse who want the handset back/paid for not Vodafone.
  • jodieanddaniel
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    Hi thank you for the replys

    Yes I have the phone with me, and the signed contract but no SIM card

    I gave them my proofs - I.D. Bank statement and a bill
    They claim to of sent these of numerous times as they have them saved onto their store iPad

    It's not Vodafone asking for the phone back it's the colleague in store (who is the manager) but as it's been opened and obviously used via wifi whilst we stupidly waited the 48 hours they won't accept it as a return
  • reehsetin
    reehsetin Posts: 4,916 Forumite
    Combo Breaker First Post
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    this is the problem when using 3rd parties, if it falls down in the middle it's you who gets stuck

    I would complain to CPW head office a) they've failed get you properly connected despite you providing everything they've asked for resulting in repeated visits etc, if you fail a credit check then fine, but they should have established that before they let you leave the store with the handset.
    b) they want to penalise you for their failure to connect you by charging you for a handset which presumably you don't want (without a contract)

    What's likely happened is that the store manager will be penalised internally if he accepts the phone back as the store maybe have to write it off - but that's his problem not yours. Go over his head.
    Yes Your Dukeiness :D
  • Herongull
    Herongull Posts: 1,356 Forumite
    First Anniversary Combo Breaker
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    There is no way they can force you to buy the phone outright.

    You should offer to return it but if they refuse to accept it back, then it must be a gift. Very kind of them.

    Best to put things in writing thorough by recorded delivery, setting out what happened with dates and time. Explain that you tried to return the phone and they refused to accept it back and therefore you have no option but to treat it as a gift.

    If they do then get back to you and demand it back, then you should return it, but if they really don't want it back then you should keep it.

    I can't see how they can harass you with debt collectors or damage your credit rating as there is no contract and therefore you have not defaulted.
  • Silk
    Silk Posts: 4,836 Forumite
    First Anniversary
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    I gave them my proofs - I.D. Bank statement and a bill
    They claim to of sent these of numerous times as they have them saved onto their store iPad
    In that case you complied with all the requirements required and they have made a mistake to supply without authorisation being complete.
    Unless you were given explicit instruction not to use the phone they have no argument as to the phone being used.
    In order to install the sim it would have to be opened and turned on anyway.
    If it was me I would do as Herongull says and write to them giving them the option to process the contract as they should or collect the phone.
    Meanwhile as it's already classed as used I would fit a payg sim and use it, although probably a Vodafone sim as it may lock to the first network sim fitted
    It's not just about the money
  • MataNui
    MataNui Posts: 1,075 Forumite
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    They cant require you to pay for the phone. You should return it with a letter stating what happened. Make sure you get a receipt when you return it (and get evidence or have it stated on the receipt that the phone is with original packaging in good condition) . You have complied 100% with the T&C so legally are fine.
  • Silk
    Silk Posts: 4,836 Forumite
    First Anniversary
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    MataNui wrote: »
    They cant require you to pay for the phone. You should return it with a letter stating what happened. Make sure you get a receipt when you return it (and get evidence or have it stated on the receipt that the phone is with original packaging in good condition) . You have complied 100% with the T&C so legally are fine.
    They can't require the OP to pay for return either as it's CPW's mistake. As the OP has already wasted £20 chasing round after them expecting to pay for return is more money wasted.
    If it was me I'd tell them to arrange collection.
    It's not just about the money
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