Should Vodafone honour what said on a webchat?

Travelstops

Hi

I upgraded my sim only contract via webchat, and was told that the price offered would last indefinately and not just the 12 months of the contract. I saved a copy of the web chat, but Vodafone are now saying that they will not honour the pricce staying the same after the end of the 12 month contract and it will revert to the full price. They tell me that operator got confused when saying the price would stay the same indefinately.

Can Vodafone back out of this even though I have it in writing?

Thanks for your help

grumbler

indefinitely

No, they cannot back out. Their 'confused' operator represented them when the new contract was made. They have to honour the contract or, if you wish, cancel it with no fees.

Stick to your guns and take the case to the ombudsman or to the small claims court if needed.

NFH

The web chat forms part of the contract and its terms are enforceable. Perhaps companies should think twice about employing low paid offshore workers to carry out web chats, because anything written during web chats is contractually binding, and is even easier to prove than a telephone call.

MikeWhite

I would imagine, though, that either side can terminate after minimum term? So vodafone could simply end the contract?

NFH

MikeWhite wrote: »

I would imagine, though, that either side can terminate after minimum term?

I think you'll find that most consumer contracts allow the supplier to terminate only in specific circumstances.

Think back to Mercury one2one's free local calls in the 1990s whereby the offer ended "when pigs fly".

d123

Sec 11 of the t&c's would apply, Vodafone would be changing the plan to the consumers detriment, so the consumer may then cancel, it doesn't give an option to continue at the old rate if Vodafone decide to increase the cost.

11. Ending this agreement
a. Either you or we may end this agreement by giving the other 30 days’ notice in writing. Your notice must include your mobile number and your signature or appropriate security details. You must pay the charges during the notice period. You can stop using content services any time but you’ll still have to pay all bundle charges. You’ll need
to check with the content service provider on how you end your agreement with them.
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 tell you that there will be an increase in the bundle charge (calculated before the addition of VAT or other levy) and
you write to us within one month of us telling you about the increase;
• we change this agreement to your material detriment.This includes (i) increasing charges in the UK (calculated before the addition of VAT or other levy) which has the effect of increasing your total charges (based on your usage in any of your last 3 bills) by more than 10% when compared with the charges 12 months prior to the increase; or (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. This does not apply if this is a change to or withdrawal of third party services not included in your bundle, which we and you can cancel (or stop using) without ending this agreement.

http://www.vodafone.co.uk/cs/groups/public/documents/contentdocuments/vfcon064179.pdf

Silk

Travelstops wrote: »

Hi

I upgraded my sim only contract via webchat, and was told that the price offered would last indefinately and not just the 12 months of the contract. I saved a copy of the web chat, but Vodafone are now saying that they will not honour the pricce staying the same after the end of the 12 month contract and it will revert to the full price. They tell me that operator got confused when saying the price would stay the same indefinately.

Can Vodafone back out of this even though I have it in writing?

Thanks for your help

Webchat is classed the same as verbal contracts and very hard to enforce in court.
What matters is the T&C's when the contract is concluded which you would have been given or pointed to etc.
If the T&C's don't contradict then you may have a chance but still very slim.
You would of course find it easier to cancel if you wish to though

grumbler

Silk wrote: »

Webchat is classed the same as verbal contracts and very hard to enforce in court.

How do you know this? Unless Vodafone claim that it's a forgery (and they don't), I don't see how it's worse than a paper contract.

Enforcement is a different question. If it was an obvious error on one side then even a paper contract can be unenforceable.

Silk

grumbler wrote: »

How doe you know this? Unless Vodafone claim that it's a forgery (and they don't), I don't see how it's worse than a paper contract.

Enforcement is a different question. If it was an obvious error on one side then even a paper contract can be unenforceable.

The clue is in the word chat !

macman

The legal validity of verbal or written is exactly the same. The problem with purely verbal communication is proving who said what-so verbal contracts are hard to enforce. This should not arise with webchat, as a physical record exists, if the chat was saved. So I would agree with grumbler that the OP has an excellent case. Vodafone would find it hard to claim that there is any ambiguity in the word 'indefinitely'.

NFH

Silk wrote: »

Webchat is classed the same as verbal contracts and very hard to enforce in court.
What matters is the T&C's when the contract is concluded which you would have been given or pointed to etc.
If the T&C's don't contradict then you may have a chance but still very slim.

This is incorrect. Anything that a trader says in addition to a written contract forms part of the overall contract. I assume that "Silk" doesn't mean you're a QC then?