A puzzling mobile phone contract problem!

CDevine

Hi all,

I am having some on going difficulty with my mobile contract, I'm tearing my hair out and the problem seems quite unique so I can't find anything about it online. Any help or advice at all would be appreciated.

It's quite a complicated issue but I'll try and keep the explanation as clear as I can.

In August 2011 I took out a 2 year contract on a mobile phone through Carphone Warehouse (Vodaphone was the provider) at £26a month. When my time on the contract was up in summer 2013 I decided to get a new contract and noticed that Carphone Warehouse had a deal on for an Iphone 4 for £21 a month - still with Vodaphone. Great! I thought, and went in to sign up immediately. All my details were already on CW's system so it was just a simple matter of switching to this new tariff.

However something evidently went wrong because the next month I was still paying £26, not the new £21 rate. This went on for a few months and when I finally got round to speaking to them they said that the new contract "hadn't gone through on the system" and that it just happens sometimes so I've had a new phone but still on my old tariff. There has been a lot of back and forth on the phone and I've got so fed up I've neglected it for months, still paying this £26.

They have said they can either refund the extra money I've already paid but I would need to go into a new contract on an Iphone 4 for another 2 years (which I really don't want to do) or they can upgrade me early but I have to say bye bye to the £150 they've swindled me out of over the last 16 months. Neither of which appeal to me.

I've suggested to them that, because the contract didn't "go through" on the system, as they put it, I have no legal obligation to keep paying. I'd rather just wash my hands of the whole thing, cancel my direct debit and go elsewhere. But according to them I am still legally bound to keep up payment on the contract...though I really don't know how because as they have told me there is no contract!

I'm very tempted to just cancel the direct debit, have the phone blacklisted and go elsewhere but I'm worried this will affect my credit rating.

Does anyone have any advice or know what I should do? Because I really am at the end of my tether.

Thank you so much in advance!

enfield_freddy

you have left this a long time , summer 2013 to almost march 2015?


as the contract did not go thru , you are now on a monthly rolling contract , and can give them a mths notice , forget any help from CPW , they don,t do help , just want money


however you have got there iPhone 4 .


you have got to be clever here , more clever than those crafty !!!!!!s


your actions depend if you need your old number?


give them a mths notice , and hand the phone back


transfer your number to a PAYG


do not cancel your direct debit!


now you have seen there underhand ways , go somewhere else

daytona0

CDevine wrote: »

the new contract "hadn't gone through on the system" and that it just happens sometimes so I've had a new phone but still on my old tariff. There has been a lot of back and forth on the phone and I've got so fed up I've neglected it for months, still paying this £26.

This seems a bit iffy to me....There are likely two reasons for a new contract not going through properly:

1. You didn't make it explicitly clear at the time of ordering and they have therefore just chucked you onto the old plan

2. One of their agents have messed up


Either way, I would possibly consider asking for a senior manager and explain the situation to them. You could also potentially ask them to send you a transcript of the phone call you had, of which it might cost you a small amount of money. This should be reimbursed if they have been negligent in their actions. I would be hopeful that a manager would just listen to the call instead before such an action was required.

They have said they can either refund the extra money I've already paid but I would need to go into a new contract on an Iphone 4 for another 2 years (which I really don't want to do) or they can upgrade me early but I have to say bye bye to the £150 they've swindled me out of over the last 16 months. Neither of which appeal to me.

I don't understand this one bit, hopefully it is just me being a bit careless. You have kept on paying 26 pounds (5 pound extra a month) since August 2013?! (also, how does 16x5 = 150?) ONLY NOW are you kicking up a fuss about monies you have previously paid without problem?! With respect, 16 months is an awfully long time to be paying a company the "incorrect" amount without saying anything. The offers presented potentially seem ok in my eyes based on the time frames involved. Maybe asking for a call transcript/a manager to listen to it will help your case, I don't know.

I've suggested to them that, because the contract didn't "go through" on the system, as they put it, I have no legal obligation to keep paying. I'd rather just wash my hands of the whole thing, cancel my direct debit and go elsewhere. But according to them I am still legally bound to keep up payment on the contract...though I really don't know how because as they have told me there is no contract!

The line they came out with does not absolve them of any contractual obligations, it just means that something has gone amiss and they used it as a sort of excuse. You have happily paid since August 2013 without raising an issue, and you have used the service. There is therefore sufficient evidence right there (not counting paperwork) to suggest that you have entered into a contract. It is only whether the contract was incorrect, in which case you are more than entitled to reimbursement (which you have received some kind of initial offer which MAY end up as a reasonable one). If you can prove that they were negligent then you can make a back claim. If you can't then the above offers may represent the best option for you at this time.

I'm very tempted to just cancel the direct debit, have the phone blacklisted and go elsewhere but I'm worried this will affect my credit rating.

Hopefully it would.

CDevine

Thank you both,

I have been dealing with this since early 2014 but I've just been going round in circles. Just to clarify I'm still on my OLD tariff (same data, minutes etc) so does that I am on a rolling contract (Enfield Freddy said) or did I still enter into a new two year contract as Daytona0 seems to suggest (because if so Vodaphone haven't honoured the price or tariff of that contract so it seems grossly unfair that they should be able to call the shots in terms of what recompense to offer me).

enfield_freddy

the number of minutes , txt and internet EXACTLY the same as the first contract , or have you gone over and wondered ?


maybe a quick (quiet) call to voda , asking about your minutes to see if they are identical


IF they have changed , then you are on a new contract and they have conned you , if they are the same then you are on a one month rolling contract (extension of the first) and have been hiring the iPhone 4 for an extra £5 per mth ,




where is your old phone?

Anoneemoose

This sounds like you upgraded your phone and entered into a new contract based on that.

As part of that, you also requested to change your talk plan. This did not happen and as such, you continued to be charged your old rate.

Have you got any paperwork to confirm that you should have been put on a cheaper tariff?

z.n

As part of your 'new contract' you have been buying an iphone. If you hand it back you waste the value you have built up in it so far. If you cancel your dd then chances are they will blacklist the phone and the money you have sunk into it is also lost. Remember that about £20 a month is actually the cost of the phone. A better option is to accept the upgrade offer- and upgrade to a different tariff for a lower cost. You don't always have to upgrade onto a new phone- they just get you to sign up to a new 12/24 airtime contract. If you are happy with the phone and the voda service then this solves it because your monthly purchase payments end, thus taking account of your earlier 'overpayments.'

Vodafone

Hi CDevine,

If you still need help with this, email me with your details via the link in our profile here.

All you need to do is copy and paste the link into your web browser and it'll take you to the Contact us form on our website. To make sure it reaches me, quote the code WRT135 - MSE in the subject line.

Once sent, you'll receive an automated reply with a reference number. Post back with this and I’ll check I've received it.

Kind regards,

Lee

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Vodafone UK

timbstoke

Are you able to see your relevant contract dates online? If your online accounts suggest that you are eligible for an upgrade, then clearly you aren't on a contract and can give a months notice at any time, or indeed switch to a SIM only deal should you choose to do so. If Vodafone don't let you see this online, pop into a store and do a quick enquiry on when you're eligible to upgrade - my thinking is that the shop are less likely to be able to see/be interested in the back story to your case, whereas there may be a flag on your account at the call centre with additional notes.

What you can't do is cancel your direct debit. Well, obviously you can, but that wouldn't have any impact on your contract (rolling or otherwise) with Vodafone - they'd still be entitled to bill you until you terminated the contract with them.

If it transpires that you aren't on a contract, then the question arises of what to do. They've provided you with a phone, which they're entitled to be paid for. However, you agreed a contract starting in August 2013, not March 2015, so they can't just sign you up to a 2 year contract for a 16 month old phone. The absolute minimum they can do is refund the overpayments without affecting the expected termination date of your contract. After 16 months, some negotiations are in order.

Assuming you're happy with Vodafone and want to stay with them, my starting point for negotiations would be along the lines of "You have been overcharging me for 16 months to the tune of £80, which would be just under four months of my contract as it stands right now. Also, the iPhone 5c is currently available on your website, to anybody, on a 24 month contract for the same as you've been charging me. By "Anybody", I mean people who are not loyal customers, and who you haven't been overcharging for 16 months. You also tell me that you didn't start a new contract in 2013, so according to the last contract I have, I have the right to give my notice at any time. So, tell me what we can do to fix this that doesn't involve me asking for my PAC code." Have an idea of what you want from them, and then ask for a bit more - personally, I'd be looking for a new contract for the iPhone 5s at the same price and terms as you're currently paying, so I'd start by asking for an iPhone 6 on those terms and work down.

And once you reach an agreement, don't forget to finish up with "and this is in addition to the £80 you overcharged me being applied as a credit to my account, right?" - alternatively, throw this in as part of the negotiations if they try to charge you for the phone. i.e. if they tell you you can have the 5s for £100, come back with "So that'll be £20 after you refund those overpayments, right?"