Vodafone - Taking them to court

d123

cw212010 wrote: »

I've documented every call I've made but most importantly the calls in which I was assured, in one case the advisor swore on his life that it'd be removed there and then.

The Ombudsman upheld the customer service aspect of things, however they were straight up and said their hands were tied as Vodafone had no evidence to confirm or deny the ETF.

As will a court find as well, how can they rule you don't have to pay a contracted ETF where the proof is that it applies, not without a contractual breach allowing penalty free termination actually having occurred and then agreed to by Vodafone.

If you were so sure of your case, and had had such poor service you should have recorded your calls.

ConsumerGuy0016

mobilejunkie wrote: »

I sometimes wonder if posters somehow use multiple usernames!

An interesting hobby. Each to their own I guess.

gjchester

cw212010 wrote: »

This was backed up by my partner who was a VF employee. This relates to the increase last year.

I would suggest you do not mention this at all.
It may not be what you mean but you seem to be implying you had your partner look at your account records at work, this may leave them with bigger problems due to inappropriate access.

cw212010 wrote: »

In reality, there's not much that I'd be able to get as proof when your talking to someone over the phone.

I've documented every call I've made but most importantly the calls in which I was assured, in one case the advisor swore on his life that it'd be removed there and then.

You should be able to ask for the recordings of any calls, not all may be recorded, and call logs are only kept for so long (3 months maybe) but there may be something.

Silk

cw212010 wrote: »

I have documentation in terms of notes, some recordings, letters sent to and fro and everything I can.

In reality, there's not much that I'd be able to get as proof when your talking to someone over the phone.

I've documented every call I've made but most importantly the calls in which I was assured, in one case the advisor swore on his life that it'd be removed there and then.

The Ombudsman upheld the customer service aspect of things, however they were straight up and said their hands were tied as Vodafone had no evidence to confirm or deny the ETF.

What was the exact report from the Ombudsman ?
Did you accept the proposal or decline it ?

cw212010

I declined the proposal. My take on it was if I accepted then a court would frown on me continuing an action.

I asked for the recordings, on numerous occasions. In fact, once I had spoken with the advisors (on 3 separate occasions) I called back immediately and requested the info from the call that had just taken place. I asked for reference numbers and names (which I have) and that the calls be pulled and a manager contact me to confirm what the advisors said had been carried out.

This never happened despite numerous attempts.

To clarify, VF texted me informing I was affected by the price increase. My partner confirmed this (knowing what plan I was on) and I confirmed this on the phone. I told them I was out of the country and would not be cancelling at that exact moment. I called up in the near future and cancelled.

Weeks later I recieved a paper bill with the ETF. This was the first they had tried to apply it.

I then spoke with, and was promised it'd be written off.

My contract was affected, VF told me this at the time. Now the ombudsman is involved they are denying I was affected despite the fact everyone on my plan was.

Silk

cw212010 wrote: »

I declined the proposal. My take on it was if I accepted then a court would frown on me continuing an action.

It's not a case of being frowned upon, you wouldn't be able to take action full stop unless it was to enforce the Ombudsman's proposals

cw212010 wrote: »

To clarify, VF texted me informing I was affected by the price increase. My partner confirmed this (knowing what plan I was on) and I confirmed this on the phone. I told them I was out of the country and would not be cancelling at that exact moment. I called up in the near future and cancelled.

As I pointed out to you on your first thread the text that was sent out gave you till June 28th to write in to cancel.
Because you failed to both follow the instructions and cancelled outside the time limit it will go against you in court.

cw212010 wrote: »

Weeks later I recieved a paper bill with the ETF. This was the first they had tried to apply it.

Because you cancelled beyond the offer the ETF will be applied.

cw212010 wrote: »

I then spoke with, and was promised it'd be written off.

As I also said earlier, unless you have evidence from someone in the cancelations department that says it has been written off it won't count. If all you have is that a CS agent is going to try and get it written off it won't count.

cw212010 wrote: »

My contract was affected, VF told me this at the time. Now the ombudsman is involved they are denying I was affected despite the fact everyone on my plan was.

First of all the Ombudsman is no longer involved, as you rejected the proposal, you can no longer go back nor enforce their findings.
Secondly all you would need is to show a copy of the text on your phone to prove it was one of those affected. I suppose you don't have that either?

As it stands you seem to have cancelled your contract with an ETF and failed to pay the bill, hence the Debt Collectors and markers being applied.
Vodafone are unable to converse with you since the Ombudsman and the option is no longer available.
Going to court with no evidence having rejected the Ombudsman's findings of no evidence is reckless to say the least. Bear in mind Vodafone will also have a copy of the Ombudsman's report
IMO the best you can hope for is a settlement figure but the late payment markers will probably still apply

cw212010

For all those who doubted the success of this, Vodafone have paid up and agreed to the demands for settlement.