Vodafone/CPW: Refusal to refund after overcharging. I'm posting the full convo

keith1950

You need to send them a " letter before action " giving them 7 days to resolve the contract situation otherwise you will take action in the small claims court.
This would not be quick and could take many months.
If they contest the case you ( or the account holder) may have to attend your local county court to give evidence.
As previously said, I don't think you have a hope in hell with the cashback side of this.

mobilejunkie

Exceeding the bundle won't affect cashback claims. Non-payment at any time would. She can claim any cashback which was due to be claimed within 60 days of the bill date - otherwise she has no case for any which aren't (past or future). She can also sue for the non-payment of the first claim - though I suspect she may not have claimed properly or (if by post) be unable to prove delivery of the claim (and thus left it far too long before doing anything - in which case it is now too late).

You can only claim in the small claims court for cashback if you made a claim according to the t&c for cashback AND can prove it. You can do that at the end of the contract or sue each time a claim is refused. You cannot claim for installments where she failed to claim within the t&c (and trying to do so wouldn't help your case in court).

As for the incorrect contract; provided you CAN prove that what she signed up to was not what she got you can claim for the difference in basic monthly cost - and if the excess use was more expensive than it would have been on the original contract, the difference for that as well (plus incidental costs and statutory interest as normal).

I have sued CPW (and other dealers) quite a few times using small claims and always got my money without ending up in court. Indeed, sometimes I have come out better than I had a right to.

In your case I would follow the instructions on here and contact the WRT (see Vodafone Complaints thread). Whilst Vodafone is a complete waste of space for any problem the WRT are not and might be able to sort out the contract without the need for going to court. Should they offer and manage to do that I would then treat the cashback claims (with CPW solely) as an entirely separate issue and proceed against CPW IF you can prove that claims were made in accoradance with the t&c but were unjustifiably not paid (within the timescale in the t&c on their side too). The fact that CPW messed up the contract set-up in the first place would help show their incompetence in court but not be part of the claim as such.

forgotmyname

Ported a number after a contract had already started? Paying for 2 contracts here?

Vodafone

Hi awkawk,

Apologies for the delay with replying.

If your partner still needs help with this, ask her to email us via the form here.

To access the form she'll need to enter the code WRT135.

As well as stating her query in the question box, she'll also need to quote "MSE Forum".

Once sent, she'll receive an automated reply with a reference number. Post it on here and we'll check we've received it.

Thanks,

Carly

Social Media Operations

Vodafone UK

awkawk

Hi Carly, thank you for noticing my thread.

I have in earlier today submitted the following message text, using the form at the link provided.

I am going to keep a record of what happens here - I really hope I can be set straight - I'm hundreds of pounds out of pocket.

Hi

Code WRT135

I was asked to quote "MSE Forum".
Here's my thread: ...this one...

In short, I am currently making payments for a 24 month contract, that I did not sign.
I agreed to a 12 month contract.
The monthly payments are far higher than the amount I signed for.
I have order confirmation e-mails to confirm this.
I was "promised" repeatedly by mobiles.co.uk that this would be sorted out, but nothing came of it. These promises were made by various staff, over a period of time.
I also spoke to Vodafone during this time but was told mobiles.co.uk would have to deal with it (rather reminds me of the film Brazil).
I gave up trying, and have been paying, to protect my credit score!
My partner's apartment burned down (redacted, made the news), he has subsequently emigrated and I spend some time out of the UK. I'm trying to get on with my degree, I want a first.
I didn't know the mistake was not only that it was the wrong amount, but 24 months instead of the 12 I signed up for, until I phoned recently to give notice.

I would like to provide copies of my original order confirmation emails from mobiles.co.uk to confirm what I say, but can't see a space to do that here.

Please let me know how I can get those to you.

Thanks for replying to the MSE thread.

The telephone number on the contract is redacted, but don't call it, I haven't been using it for awhile - I figured that would make things easier to sort out when I have time (my degree has been taking priority).

If the number I have given doesn't ring, I should be contactable on redacted.

My partner redacted also has my permission to discuss this matter with you, if he picks up the phone.

Yours

Redacted

awkawk

I received a telephone call from Vodafone in the last hour regarding my message.

The person I spoke to was very polite, and didn't ask me to re-iterate the specifics.

He said he would be unable to do anything quite yet - that an investigation will be opened upon receipt of the documents I previously mentioned. He said he'd send me an e-mail so I can forward the documents, within 15 minutes, and he did so.

Here's that e-mail, and my response:

Re: WRT165 [#14711125]

Hi

Thanks for your call, and not making me re-iterate over the details.

I have attached copies of my order confirmation e-mails in PDF format to this e-mail.

If you want me to forward the e-mails individually to you instead, let me know.

May I request that any future communication regarding this matter is in writing - e-mail preferably.

Kind Regards

redacted

Attached:
Order Complete - REF_ redacted - redacted.pdf
Thank You For Your Order Ref redacted - redacted.pdf

On 21/11/16 15:04, eforum.web@help.vodafone.co.uk wrote:
>
>
> Hi redacted,
>
> Thank you for providing your time over the call.
>
>
>
> As discussed, request you to provide us with the order copy, so that we can investigate the case.
>
>
>
>
>
> Kind Regards,
>
> redacted (I wasn't sure whether I should post the staff member's name on a public forum, decided it wasn't relevant)
> Customer Service Agent (Social Media)
>
> Vodafone Limited
> Vodafone HQ, The Connection, Newbury, Berkshire, RG14 2FN
> Registered in England No 1471587
>
>

awkawk

Their message received this morning, and my response, just sent.

Hi

I appreciate your quick response.

I can confirm I received no device, or handset, etc. Just a SIM card.

Kind Regards

redacted
On 22/11/16 10:59, eforum.web@help.vodafone.co.uk wrote:
>
> Hi redacted,
>
> Thank you for sharing the contract copy.
>
> We have checked your Vodafone account and could see that the tariff is different from the one which is showing in the contract copy sent by you.
>
> In order to proceed with further investigation, we would request you to please confirm if you have received any device along with this contract from mobile.co.uk or not?
>
> We appreciate your patience and support.
>
> Many thanks,
>
> redacted
> Customer Service Agent (Social Media)
>
> Vodafone Limited
> Vodafone HQ, The Connection, Newbury, Berkshire, RG14 2FN
> Registered in England No 1471587
>

awkawk

I received the following message, a few minutes ago.

Note that the message I just received, the one I received this morning, the one yesterday afternoon, and the message above in this thread, are each from a different member of staff.

I'm trying to figure out the best way to respond, as clearly this member of staff has been unable to, upon coming across this unit of work:
1. Been able to quickly ascertain my contact telephone number, and has rather had to waste time leaving voicemail on a number I have already told Vodafone I am not using while providing an alternative that I can be reached at
2. Understand that I have requested all communication to be in writing, via e-mail

I will post my response, when I come up with it.

>
> Hi redacted,
>
> Thank you for your email to discuss the contract terms for the number (mobile number on Vodafone contract).
>
> I tried to give you a call but it was redirected to voicemail. Please reply us back on this email with the One Time Access Code sent to your phone as a text. Once, confirmed, we will investigate this case further.
>
> Thanks,
>
> redacted
> Customer Service Agent (Social Media)
>
> Vodafone Limited
> Vodafone HQ, The Connection, Newbury, Berkshire, RG14 2FN
> Registered in England No 1471587
>

awkawk

I wasn't really too sure what to say. I didn't want to come across as rude, but I didn't want to act as if nothing had just gone wrong, either. Feel free to comment, if anyone's reading

Hi

On 20/11/16 I filled in a form (http://www.vodafone.co.uk/contact-form/). This had a Contact Telephone Number field, which I filled in: redacted (not the number associated with the Vodafone contract)

I also included the following text in the Form Message Body.

>> The telephone number on the contract is redacted, but don't call it, I haven't been using it for awhile...

I also made the following request, by e-mail sent 16:05 21/11/16 (yesterday):

>> May I request that any future communication regarding this matter is in writing - e-mail preferably.

I will also mention, I spoke yesterday with redacted by telephone regarding this matter - this was my first contact, after submitting the Web Form.

Kind Regards

redacted

awkawk

I've just received the following e-mail, will post my response when I've written it.

Hi redacted,

Thank you for your email here.

Please accept my sincere apologies for the inconvenience you've had so far.

As a corrective action, we’ve change your priceplan to 12 month unlimited calls, unlimited texts & 2GB UK data for £18. There is also a 15% discount on the priceplan which brings it down to £15.30.

I trust this helps but if you still have anything else I can help with, let me know.

Thanks,

redacted
Customer Service Agent (Social Media)

Vodafone Limited
Vodafone HQ, The Connection, Newbury, Berkshire, RG14 2FN
Registered in England No 1471587