vodafone refuse to cancel pre order

cherjaim

I have tried and tried to get my pac code and they will not release it.
on the 25-9-2015 at 9.18am I got through to Kara who when I said I will be recording the conversation hung up on me as did the following 2 reps.

cherjaim

for the record, I don't have the phone yet, it is not released until 1st October. I am trying to cancel before I even get it so im fairly sure that the I am not in contract be it upgraded or not until I receive the phone.

leeroy2009

cherjaim wrote: »

I have tried and tried to get my pac code and they will not release it.
on the 25-9-2015 at 9.18am I got through to Kara who when I said I will be recording the conversation hung up on me as did the following 2 reps.

they must give you it they cant not give you it, you will get it off the ceo s office that I guarantee you.

cherjaim

mobilejunkie wrote: »

Unless they agree to cancel (and there is no cooling off period for an upgrade) you will become liable for the cost of the contract over its full remaining term. If you don't pay you will end up wrecking your credit files for the next 6 years. Ofcom won't look at it until Vodafone have dealt with it or sent a letter of deadlock or 8 weeks have passed - and there is no high probabilty they would rule in your favour. Emailing the ceo's office is also unlikely to produce results. The only thing that might is by contacting the Web Relations Team as set out on the Vopdafone Complaints thread on just about every page for the last few years.

If it is the case that it is an extension and therefore does not fall within 14 day cooling of period I am 101% sure that Vodafone would of gladly shoved that up my nose byt upto now they have not in all the many hours of communication with them.

leeroy2009

cherjaim wrote: »

for the record, I don't have the phone yet, it is not released until 1st October. I am trying to cancel before I even get it so im fairly sure that the I am not in contract be it upgraded or not until I receive the phone.

exactly, they cant have it both ways, your upperhand here is the refusal to give you the pac code, if you can get them refusing to give the pac code in a recorded phone call you've got them by the dangly bits, id ring them a few more times, try without telling them your recording, honestly you need to catch them in a recorded phone call - you can use that to get out of the upgrade as a way of resolving your complaint.


don't forget to complain about staff hanging up on you either - your legaly allowed to record and you don't even have to tell them your doing so.

cherjaim

'Colleen M: I can issue the PAC to you now, but you will receive a termination fee of £708.'
that is part of transcript from Thursday last week.

Herongull

If you entered into the contract online or by phone, then you have a minimum 14 day cooling period. As long as you cancel within the cooling off period, the contract ends. No ifs, no buts. This is the law.

This upgrade nonsense is just a red herring. There is no legal definition of an upgrade as it is simply a marketing term used by mobile companies for setting up a new contract with an existing consumer.

These sorts of "upgades" are certainly covered by the Consumer Contracts Regulations. There are certain exceptions to the regs but setting up a new contract with an existing customer (aka upgrade) certainly wasn't one of them.

Just cancel (using the cancelation procedure that they are legally required to supply) and request pac. Job done.

But you will need to make sure you keep copies of everything to cover yourself in case they decide to pursue you for imaginary debts.

cherjaim

thank you herrongull. you have confirmed what I thought that this is a new contract regardless if its an upgrade.
I have tried their cancelation procedure and they have still not cancelled it.


I have however had a minor breakthrough thanks to LEEROY2009.
I rang vf and managed to get my PAC number after being interrogated by customer loyalty why I was leaving I simply said 'beacause I can, now please give me my code as requested' at which point she said I will have to put you on hold. before she came back on the line I got a text with the pack code!!!


I have no doubt that they will now try to rip £708 from my bank account. I wish them the best of luck as I have cancelled my direct debit because as far as I am concerned I have no contract with them.

Herongull

You will still need to follow through with getting this resolved as otherwise they will sell the "debt" and damage your credit rating.

Tell them you are disputing the debt as you cancelled within the cooling off period.

Then go through their internal disputes procedure and if this fails go to the ombudsman. Keep copies of Everything. Take notes of dates, times, what was said etc.

Herongull

And is a link to the VF cancellation which appears to my layperson's eye to be compliant with the CCRS.
http://www.vodafone.co.uk/cs/groups/public/documents/webcontent/pdf_returns-policy-cancel-form.pdf

And here is a link to the which website:
http://www.which.co.uk/consumer-rights/problem/i-want-to-cancel-my-mobile-phone-contract-early

The relevant section is Changing Your Mind

Interestingly, according to this website, http://www.businesscompanion.info/en/quick-guides/consumer-contracts/consumer-contracts-distance-sales, if you have contract for goods and services (ie a mobile phone contract with a phone and airtime), the 14 day cooling off period only starts once you have received the item.