What to do if the Consumer Rights Act 2015 is dismissed

evigilo

Hi all, I'm desperate for advice and I know how brilliant this forum is - so much so that I can usually find answers to my questions without having to post. However, on this occasion, either I'm too exhausted or frustrated to see what's in front of me, or my question hasn't been addressed here.

Three weeks ago, I took out a mobile phone contract with a shiny new handset with Vodafone. From the off, I had problems. I'd been given a 10% discount in store on the monthly tariff which wasn't applied, my old number wasn't ported properly so that calls were made from either of the numbers, resulting in charges on my bill, I was given a business account instead of a personal one, I don't have a paper contract etc. The store I purchased from is, quite frankly, a disgrace. I've been in/called half a dozen times and the manager is never there for one reason or another. Instead are members of staff who know nothing - which is presumably why I've had problems. When I called in to collect my phone, one of them had to call the manager to find out what to do ... buying a mobile phone from a mobile phone shop ... and the staff don't know what to do? Maybe I should have cut my losses and ran out there and then. However, when the problems came to light, I called customer services and eventually, after much chasing was told that everything was sorted.

The handset has developed a fault - pink lines across the display. It's less than three weeks old so I asked for a replacement under the CRA. Customer services refused saying that I needed to raise a faulty handset within 14 days. The offered to take it back (for up to a week) for testing. I quoted the CRA and my 30 day protection which led to the advisor reading out a prepared statement, disputing my rights. Many calls later, I learned that this is because I'm still on a business account. I have managed to get transferred to a personal, consumer account after much hassle.

However, then I'm told that because I purchased in store, the store will need to sort it out. I called and was told that I can't have a replacement, that the handset has to be sent back to Vodafone for testing because 14 days have passed. I pointed out that I'm a non-business customer but the member of staff said it makes no difference. No replacements without testing after 14 days and no refunds. She said my handset would have to be taken to the store and sent off for several days. I quoted the CRA to find that the member of staff hadn't heard of it. She said 'I've not heard of that. For all I know, you could be making it up'. I invited her to google it and told her that I refused to accept less than I'm entitled to by law. I called CAB and checked my rights, obtaining a reference number then called the store. I was told to take the phone in when the manager is around - that's a little difficult since she never seems to be there. Quoting what I'd been told by the CAB made no difference. The store maintains that the phone will have to be sent off and, if faulty will be repaired or exchanged for another handset. When I queried what another constituted, it turns out it wouldn't be a new handset - it will be a quality checked replacement, presumably refurbished stock.

I asked how I go about making a complaint and how to ensure that the fault has been logged since the 30 days will be up next week. I was told to see the manager ... who isn't there, remember. When I raised that, I was told to make my complaint to the member of staff I was speaking to ... the same one I wanted to complain about. I refused and was told to call customer services or use the live chat feature. I tried but again, both told me it was a store matter. I called several times asking how to make a complaint and getting fobbed off. Eventually, a customer service adviser gave me an email address. I checked it by reading it back to her and then wrote a lengthy email. It bounced back. Undeliverable. Unknown address. Grrr. I called back to customer services and was told that there isn't an email address and to contact the store. It's a pointless cycle, despite my quotation of the CRA to all who'd listen.

I called Vodafone HQ in desperation asking for a contact for complaints. I was told there wasn't a complaints department, to call customer services. I explained, re the cycle, and was told I'd be transferred to a manager. Then I was simply transferred to customer services. I was given a different email address (similar but different) and emailed, receiving an automatic response, then later, a response from a non-reply email address stating that they can't help by email because I can't clear security. I've posted on their Facebook wall. On their twitter feed. On their community forum. I've answered their text survey, giving zero ratings and explaining why. But nothing.

Their website says to complain you have to write in and they respond within 8 weeks. I should not have to do this since I'm covered by the CRA. Further research shows that hundreds of people are complaining about Vodafone's diabolical customer service. Their trusted review rating is 0.4 out of 10 currently with new. low ratings and vitriolic comments coming in all the time. There is clearly a huge problem at Vodafone right now. Some customers have been with them for years without issue but are attempting to get out of contracts now.

My question is, how do I get a refund on my phone/contract and walk away before the 30 days are up?

I have tagged MSE's twitter account into comments about Vodafone in the hope that some bad publicity from a consumer rights champion :money: may improve things, not just for me, but for the hundreds of disgruntled customers who are getting dire customer service.

I've wasted a whole day today on this and got precisely nowhere. It's so disheartening, especially since I know I have the law on my side. Any advice most gratefully received. :beer:

CoolHotCold

The handset has developed a fault - pink lines across the display. It's less than three weeks old so I asked for a replacement under the CRA. Customer services refused saying that I needed to raise a faulty handset within 14 days. The offered to take it back (for up to a week) for testing. I quoted the CRA and my 30 day protection which led to the advisor reading out a prepared statement, disputing my rights. Many calls later, I learned that this is because I'm still on a business account. I have managed to get transferred to a personal, consumer account after much hassle.

However, then I'm told that because I purchased in store, the store will need to sort it out. I called and was told that I can't have a replacement, that the handset has to be sent back to Vodafone for testing because 14 days have passed.

Quoted the relevant part in that wall of text.

bris

You do have 30 day protection yes, but they do also have the right to have the handset tested to make sure it really faulty and not though anything you have done. As this will only take a few days they are within their rights to do so, so only after confirming it's inherently faulty can you look again at your cancellation rights.

neilmcl

I think someone, possibly the store, is confusing the Consumer Contracts Regulations 2013 (CRA) which give you 14 days to cancel the contract for distance purchases, and the Consumer Rights Act 2015 which as you know gives you the short-term right to reject of 30 days. Explain to them difference but be aware that if exercising the short term right to reject the onus is now on you to prove the item did not conform to contract on the day of purchase.

Fosterdog

neilmcl wrote: »

I think someone, possibly the store, is confusing the Consumer Contracts Regulations 2013 (CRA) which give you 14 days to cancel the contract for distance purchases, and the Consumer Rights Act 2015 which as you know gives you the short-term right to reject of 30 days. Explain to them difference but be aware that if exercising the short term right to reject the onus is now on you to prove the item did not conform to contract on the day of purchase.

If I'm reading it right the shop have offered to test it to see whether it conformed to contract or not, but to do that they need to send it away to be assessed as they probably don't have an engineer in each individual shop. Once checked over it will either be the fault is confirmed and OP can insist on a refund or replacement (and I would insist on new not reconditioned when it is faulty within such a short timescale) or they will find that the fault is user damage (cracked screen or liquid damage being common causes of these symptoms) and then the OP has no right to a remedy.

Unless they are given a reasonable opportunity to inspect the phone they can't be expected to just refund or replace it.

evigilo

Just to clarify - the shop have had the opportunity to inspect the phone and the faulty display is visible. It's under three weeks old, has been kept on my desk in a case - no dropping, damage or immersion etc.

But, after emailing enterprise@help.vodafone.co.uk and demanding a complaint be raised and that someone call me back within 24 hours, I did receive a call that enabled me to regurgitate my complaint to a British customer service representative who had authorisation to refund the handset and cancel my contract. I'm awaiting packaging to send the handset back and I'm waiting for my PAC code to go elsewhere.

All Vodafone problems (there are hundreds of disgruntled customers at present, all trying to get issues resolved but having to battle Vodafone) have been blamed on their transition to a new system. Apparently, moving 7 million customers' account details onto a new system makes store staff utterly useless ... I had to fight to get agreement for the store to be investigated. I don't want other unwitting consumers to have to deal with what I've endured.

I did mention in my email that I'd asked for assistance on this forum - not sure if that had any effect. I'm just relieved to be able to walk away after three weeks of constant c*ck ups.

System

I know the contract will be direct debit but did you pay any part of it on a credit card? For example any upfront payment for the handset? If so that might be a route to try...