Claiming back incorrect billing from vodafone - statutory limits on backdating?

meepmeep13

In June this year I completed a 24 month contract on my handset and asked vodafone (via their online help) to be moved to a sim-only contract. The online advisor basically lied to me as to how to do this and mis-sold me an entirely new sim and number. Fortunately I have the transcript of this conversation, and it is entirely clear I was mis-sold.

A couple of days later, realising what had happened, I went into a vodafone store and they were very helpful, moved my existing number onto a sim-only contract as requested, and told me the incorrectly ordered sim would be removed from my account and I would be refunded.

In August, I saw that my bill was higher than usual, and that I was still being charged for the extra sim I had never wanted or used. I went into the store again, where they showed me that the sim was still active on my account but they couldn't fix it in store and I'd have to contact vodafone services to get it properly removed.

I was very busy for the past few months and never got around to doing this - entirely my fault. But today I finally got in contact with an advisor who spent a great deal of time reviewing the case, agreeing that I was mis-sold, and then talking to their manager about getting me my refund. As expected, they then came back and said they could only refund 4 months, rather than the 7 I had been charged, as I should have contacted them earlier. I pointed out that I had indeed contacted them earlier, twice in-store.

I was told that they could not refund any more than 4 months, and if I escalated the issue that might even reduce to 3. I told them I was happy to take that risk

While I await a callback from the manager, can anyone tell me if there is a statutory limit for the amount of time charges can be claimed back, and what my rights are with this? Can they withold part of the refund on the basis that I did not follow this up promptly? Also, can I assume that if I mention the words 'ofcom' and 'mis-selling' it will help my case?

Basically, should I be pragmatic and take the 3/4 months offered, or stick to my guns for the full 7?

Thanks!

grumbler

The statutory limit is the same as for any debt - 6 years (a little different in Scotland IIRC).

Stick to your guns and demand some compensation on the top. If you have sufficient proofs you can threaten them with the Small Claims Court actions.

mobilejunkie

Waiting for a call back... you'll be waiting for over 6 years!!

meepmeep13

Thanks Grumbler, that is what I was thinking. While I indeed should probably have raised this sooner, I cannot see any way in which the delay in my sorting this out has any detrimental impact on them as a company. If anything, they'd be accumulating interest on the paltry amount concerned rather than me!

I am in Scotland - do you know the equivalent limit here?

Thanks

grumbler

5 years IIRC. You have plenty of time.

meepmeep13

Great. This one is entirely on principle (I've already wasted far more of my own time than the amount concerned is worth) so almost looking forward to their next set of excuses for why I'm not due the full amount