Black Friday woes

sadface999

Wondering if anyone can let me know of best course of action here:

Upgraded Vodafone contract through 3rd party on Black Friday. Used the phone number from a data sim as this is what my contract is for. All accepted.

Phone received the next day and I sold it straight away as it wasn’t wanted, I purely wanted the contract.

**almost 3 weeks of chasing 3rd party up as phone contract not upgraded**

Now I’m being told Vodafone can’t upgrade my contract from a data only to phone contract and I need to return the phone. They’ve now invoiced me full price for the phone.

I don’t have the phone to return, but havent ever agreed to pay the rrp. What are mine and their contractual obligations? Can I sue for breach of contract?

Browntoa

Why don't you still have the phone ?

sadface999

I didn’t want the phone so I sold it.

pmduk

You need to pay for the phone, you were far too hasty on selling it before the new contract was finalised.

Vodafone had some well-publicised issues on Black Friday, but I can't see how they can be used to get you out of this one.

sadface999

OK thanks. Feels wrong that I’m going to take a financial hit through no fault of my own.

pmduk

sadface999 wrote: »

OK thanks. Feels wrong that I’m going to take a financial hit through no fault of my own.

Well, it was you who chose to sell the phone before finalising the contract. It smacks a bit of turning a quick buck - obviously not illegal, but on this occasion was a risk too far. Sorry.

I just hope it wasn't the latest iPhone or Samsung.

sadface999

I wasn’t turning a quick buck, the 100gb of data wasn’t a contract ever released before. I didn’t want the phone at all, it was irrelevant to me. The crazy thing is I did an upgrade rather than a new contract because I thought it would be less hassle!

Not only do I have a bill for a phone I didn’t want, I also never received the plan I wanted either. So all in all I’m pretty miffed by the whole affair.

grumbler

What do the T&C of the "third party" say?


Personally, I'd blame them - nobody rushed them with sending the phone before completing the deal.

sadface999

I’d say these are the important bits:

1.5.2. We shall not withdraw or modify to your substantial detriment any of the Goods or Non-subscription Services for which we have accepted an order from you, other than where such modification or withdrawal is required as a result of events outside of our reasonable control. We will take reasonable care to ensure all details, descriptions and prices of products and services are correct at the time the information was entered onto our system.

1.5.4. We are under a legal duty to supply Goods that are in conformity with these Conditions


Is an event outside their reasonable control one in which they accepted my contract phone number but later found out you can’t upgrade a data sim to a phone contract. I’d say it’s reasonable of them to not allow such a situation to occur in the first place (how can this not be foreseen as a possibility?). They’re in control of their computer which accepted the number I used.

grumbler

Their computer wasn't able to check what sort of number it was.
However, it wasn't the computer that dispatched the phone before the new contract was confirmed by Voda.

pmduk

I wouldn't be surprised to find that this was part of the problems VF had on Black Friday.