Vodaphone! They have lied about free gift.

pmduk

charlotte1994 wrote: »

I had a similar issue with Virgin Media!! They said we would get a Nintendo Switch with a phone contract, but I "failed the credit check" even though my score is 90% perfect, they then offered me some other phone's without the free gift...why would they do that if I failed the credit check

Virgin is quite strict with credit checks and, like all networks, may have different criteria for different contract values. The 'my credit score is 90% perfect' is meaningless, you're admitting your credit history has issues; a network (or other lender) won't ever see your credit score.

Hermione_Granger

bris wrote: »

with letters for you.
Makes no difference, this is an unfair term.


The law states that free gifts are part of the contract. If you make a decision on a contract based on the free gift and wouldn't have entered into this contract without it then it becomes legally binding.

I must say bris, you have some of the strangest views of consumer rights I've seen in a long time.

Only a couple of days ago you clearly stated that you considered it okay for a retailer to disclaim liability for fragile items damaged before they were received by the purchaser (something that is totally incorrect), and now you are saying that "subject to availability" is illegal, which again, is wrong.

Yes, it might be illegal but this depends on many factors such as what is written into the terms and conditions of the offer.

https://www.asa.org.uk/asset/A38652D0-8C95-43A6-AD976A86A5D7197F/

8.9 Phrases such as "subject to availability" do not relieve promoters of their obligation to do everything reasonable to avoid disappointing participants.

8.10 Promoters must be able to demonstrate that they have made a reasonable estimate of the likely response and either that they were capable of meeting that response or that
consumers had sufficient information, presented clearly and in a timely fashion, to make an informed decision on whether or not to participate - for example regarding any limitation on availability and the likely demand.

This rule has been changed to prevent it from creating an unlawful banned practice. The amendment adds flexibility for promoters to run a promotion where they know that response
might outstrip demand, as long as they clearly provide relevant information to consumers to inform them about how likely they are to benefit. The level of detail accorded to making a reasonable estimate and provision of sufficient information is likely to vary between different types of promotions and their likely participants. CAP will provide supporting guidance on the practical application of the rule in due course.

OP, contact Vodafone again and point out this part of the ASA document:

8.11 If promoters rely on being able to meet the estimated response but are unable to supply demand for a promotional offer because of an unexpectedly high response or some other unanticipated factor outside their control, they must ensure relevant timely communication with applicants and consumers and, in cases of any likely detriment, offer a refund or a reasonable substitute product.

esuhl

bris wrote: »

You could hold the contract in breach but they simply won't agree. The only recourse you have is to stop using the contract and take them to court. If you just stop paying they will mess up your credit file and it will be another big hassle getting it corrected so be careful how you handle this.

You will be in a MUCH stronger position legally if you do not breach the contract yourself.

Check the terms and conditions to confirm that you have complied with them. If so, make a small claim in the county court to the value of the "gift" you have not received.

https://www.gov.uk/make-money-claim
https://www.moneyclaim.gov.uk/web/mcol/welcome

CountryGirl#

It's not a phone contact with Voda phone it's broadband at £24 a month. The item was a Go Pro worth £200 supposedly. They have transcripts of the conversations I've had online and have said they can see them. Someone said either I will get the free gift or £200! And as for TLC they are the company issuing free gifts on behalf of Vodaphone. Vodaphone are investigating them. I am not the first to have come across this as a lot of people are apparently phoning in but I have a better case as I did register and not only that, I have been badgering them to death since October to make sure I get the free gift as I had this same issue with BT and ended contract with them as soon as the year was up and they wouldn't allow me the discount even though I'd done everything I was supposed to. The promise of cash back, free gifts etc as a temptation to join should be stopped if they are not fulfilled! I will phone again or perhaps email and give them one more chance. If not then its off to CAB. More hassle that I can do without! And yes the wedding dress issue is sorted thank you.

giraffe69

When you take them to the small claims court be sure to call them Vodafone not Vodaphone!

photome

As the wedding dress is sorted why not return to your thread(s) and update for the benefit of everyone especially posters that helped