Victory Versus Vodafone using CISAS Ombudsman for poor customer service and refund

HaroldWhistler

SUCCEEDED IN A CISAS COMPLAINT AGAINST VODAFONE WHO WAS ORDERED TO PAY

A long story and details below. Thought I would share for those who may have had to suffer poor customer service and at their wit's end.

Chronologically:

Signed up family to VOXI end of last year during an offer sale period. VOXI incorrectly charged multiple SIMs despite the Account page and confirmation e-mails at sign up (and renewals) showing the correct sale price. During the course of complaining to VOXI and parent company Vodafone, I moved everyone else out of VOXI and set a deadline to switch myself because I needed continuous service in the early new year.

Initially contacting VOXI is via their "live chat" system. Ended up having a set of totally incompetent service agents - seemingly from India - who firstly lied about their contract terms and the price versus what is displayed on their own website, secondly said it had been resolved and then after more time wasting just disappeared.

I ended up finding a telephone contact number for their Complaints department as I could see live chat was like talking to a thick skulled wall. This appeared to be a call centre in Egypt. The first agent claimed to see the problem on her system and that it would be resolved immediately and a refund issued within 24 hours. Of course this did not turn out to be the case. A second call to them resulted in the same claim and on this occasion I stated I wished for a Complaint to be raised and this should be escalated to a Manager. This supposed Manager was meant to then call me back within 2 days. They never did. Over the course of another week or two, I had multiple more lying customer service agents. The last one from VOXI was utterly rude who first tried to read from a script then when I pointed that out, she tried to talk down at me for a full 3 minutes. After she made a fool of herself I told her now that she's finished, would she kindly check the sign up details on her system which is what I said at the start of this call. She had to eat her words. She then promised me a Manager a callback as the only way to get a refund.

I suddenly got a text message 3 days later from VOXI claiming they had tried to call me. Except they had not. When they tried to use that as an excuse the next time I phoned in, I said they are welcome to check the phone cell tower logs as whoever you called was not my number.

I eventually got a Manager call back from somebody about a week later who then claimed she cannot do anything without escalating to the so called "Senior Complaints Team" which is Vodafone. I pointed out at this point that I would be going to the Ombudsman if this wasn't resolved in a timely manner. And requested a Deadlock letter. The Deadlock letter was refused.

I then received a callback from Vodafone's Senior Complaints Team another week later whose agent apologised. This agent initially said she accepted I had been wronged and that I would receive a full refund and then offered a paltry amount of compensation for time lost and money being overcharged. I wasn't having any of that. Eventually, we agreed to a figure of compensation to make up for the endless rude staff which she confirmed in writing. However, I then received another call around one hour later from a supposedly more senior member of this same team who then claimed (incorrectly) that her colleague had not promised me this, but it was to be sent for approval. This second colleague then must have really thought other people on this Earth are foolish as she then offered some tiny sum which didn't even amount to the amount owed as a refund. When I pointed this out, she then arrogantly tried to talk down at me claiming "in that case, we are rescinding our offer" and that I would have to complain to VOXI if I wanted a refund.

You couldn't make up just how incompetent these fools are. Reneging on their own terms, lying, promising to refund, then reneging on a promise then telling me to go back to square one. I pointed out that I have every confirmation e-mail and I again requested a Deadlock letter. This Manager then tried to go round in circles refusing to provide the Deadlock letter. She claimed Vodafone would not send a refund unless I sent them copies of their own confirmation e-mails (sent to me originally by their own system) to their Complaints Portal. I thought this was rather absurd, but I sent them in. Suddenly this Manager changed her hymn sheet and back tracked fast. She then agreed that yes Vodafone owed me a refund and agreed to the compensation figure earlier.

I had this so called senior member then confirm this IN WRITING as well. This refund and compensation amounted to several hundred pounds. As usually Vodafone having overcharged and not refunded a customer for months, stated is would take up to 10 working days to refund this. I wonder if a customer could not pay Vodafone for months, then drive them round the bend on the phone and then eventually acquiesce to paying up, but oh only after another 10 working days. If it was the other way around imagine what the reaction would be!

As I suspected, the money did not arrive. I then had to go through yet another set of calls with these pathetic people at their Senior Complaints Team. In the end, I started to communicate by e-mail. I stated in writing that they had refused to provide a Deadlock letter and that I would be raising a complaint with the Ombudsman given they had promised to refund me with compensation and had not done so.

I should point out that even though my original complaint started late last year, officially on the Vodafone portal, they only register a "Complaint" when it reaches their Senior Complaints team (which can add months onto the 8 week minimum time period to be able to go to CISAS). Which was well into this year. I decided enough was enough and as a matter of principle I would stand up to these villains.

Having heard of the lackadaisical nature of many of the Ombudsman services, I made sure there could be no excuses regarding the date and bided my time. I then submitted a Complaint to CISAS. And pointed out the written promise by Vodafone to refund and compensate the customer. And how this had not been done despite multiple requests for them to do so.

CISAS accepted my complaint. It is my understanding that a Company has to also pay circa £550 (it could be more nowadays) to CISAS for an arbitration. As well as any money owed to the customer which may include additional compensation for stress and time lost etc. I met all my deadlines for the submitted complaint and provided the evidence on time. For some reason Vodafone were then given additional time by CISAS to respond beyond the normal time. Supposedly to formulate their Defence. It seemed quite absurd that this was over 3 months since the original complaint and why the Company was being given multiple extensions versus the customer.

Vodafone then responded quite hilariously trying to justify their position with a lengthy verbose document claiming all sorts of nonsense trying to not pay. It really didn't make much sense at all. A Vodafone representative from a UK based team dealing with Alternative Dispute Resolutions claimed bizarrely that I was not owed money because somebody had made an error within Vodafone. They conceded though that I had received poor customer service and had been promised the sum of several hundred pounds. And still "made an offer" of zero refund, but they would pay the Tier 2 compensation amount of the Ombudsman.

I was then offered a choice to either Accept this shameless offer or Request Arbitration. I am not sure what self respecting person would not click Arbitration and was under the impression that is what I requested in the first place in any case! For some reason CISAS then offered Vodafone even more time for their "Defence". At this point, I uploaded another file quoting their document where they pointed out they accept they promised me in writing to pay a stipulated sum. And it is as simple as that. The same Vodafone representative uploaded another lengthy document - effectively identical to earlier without the so called (measly) settlement offer.

The case went to Arbitration. (Remember Vodafone has to pay for that).

The Adjudicator ruled as follows:

"The company did not provide its services to the standard to be reasonably expected. I find that the company agreed and…breached a settlement agreement. I find that the company does not have a right to unilaterally repudiate the agreement. I find that the customer is entitled to specific performance. The company must pay the sum it agreed to pay to resolve the customer's complaint. I do not doubt the customer's submissions that they have experienced inconvenience and distress as a consequence… and their associated customer service experience. The claim succeeds in full. The company must pay the customer [£x] and a further [£x] for inconvenience and an apology."

So Vodafone were ordered to pay even more than the several hundred they promised to pay. AND would have had to have paid for all of this process. Rather than doing the honourable and right thing some six months earlier. This was a legally binding order.

Now subsequent to this, Vodafone confirmed on the CISAS portal they would pay (again with the nonsense about 10 working days). After 20 working days and the CISAS deadline they had not paid. I raised the matter of Non-Compliance with CISAS. Vodafone came up with an excuse and then claimed they would pay. A different UK based representative then claimed another new BACS payment would be sent "after approval" and take 10 working days knowing that the CISAS final extended deadline was the very next day. So the same standard time wasting tactic.

Two days later, I pointed out in writing to CISAS that Vodafone were treating both myself and CISAS with contempt and violating multiple CISAS rules (which I quoted) and missing the original and final extended deadline to pay. I forwarded the original promise and the order by the Adjudicator to pay (which is legally binding) to the C suite executive e-mails I could find of Vodafone on their Investor website and CISAS. Within it I also pointed out how CISAS under their own rules claim they will take "appropriate action" should a Member not comply with a legally binding decision (which can include being suspended from the Scheme) and how it appeared that Vodafone thought themselves above the law.

Interestingly, after this e-mail, a BACs payment suddenly initiated and the amount was paid. Had it been required it is my understanding the Adjudicator's decision would be enforced by a Small Claims Court. I can only imagine how someone would probably have to be sent into Vodafone headquarters - a multi billion pound company - to retrieve equipment (perhaps the CEO's phone?) to sell at auction to pay an outstanding debt and court fees when they likely wouldn't pay again.

Ultimately for not paying a customer a few hundred pounds, Vodafone ended up having to pay out nearly 5-6 times that original figure in total in compensation to me, the administrative adjudication costs of CISAS and goodness knows however many useless customer service staff around the planet in their seemingly endless departments.

Anyhow, thought I would share this to give hope to others!

flaneurs_lobster

I understand that the CS is lamentable and the constant assurances and promises being broken is poor but I'm failing to see exactly what the actual problem was that you were originally complaining about.

Is it just that an incorrect sum was taken in payment?

All VOXI contracts are rolling 1 month, you closed down all but your own contract - why not just end that one too.

Largs

Well I enjoyed reading that and was glad you got there in the end. Well done. A company that has been around as long as Vodaphone should have the best service in the business not that rubbish.

HaroldWhistler

https://forums.moneysavingexpert.com/discussion/comment/82121200#Comment_82121200

Thank you! Indeed. We prevailed in the end. It was not easy by any means. I agree with you that a company that has existed this long and with its resources should be able to provide competent service. The repeated attempts by Vodafone to renege on their promise, their shameless defence and treating even the Ombudsman with contempt after the final decision were shocking. Extremely stressful, but thankfully it was a victory for the consumer and what was right. "From time to time in our great island story, it falls to one man to lead his fellow customers out of the valley of the shadows and into the sunlit uplands of good service and prosperity."

https://forums.moneysavingexpert.com/discussion/comment/82121165#Comment_82121165

That's part of it yes. For anonymity and to keep it as succinct as possible, I haven't included all the specific figures and specific details, but yes it included (but was not limited to) a massive overcharge on all contracts taken twice (on initial payment and at renewal) despite the respective contracts being on sale at the time of original purchase and at renewal and despite the various confirmation e-mails stating the correct sale price being sent each and every time (for each of the monthly payments). This was replicated across the entire family's contracts amounting to - not to put too fine a point on it - a not insignificant sum. I needed my phone constantly for work during that particular week, but did indeed switch elsewhere as well after that. On top of that I needed to maintain the ability to log in to the online VOXI account system as well at the time. At one point, the customer service claimed rather absurdly that I hadn't renewed at all in the second month and so wasn't owed any money. I pointed out that if I had not renewed, what precisely did Vodafone's confirmation e-mails of renewal indicate and why was my SIM card still working on their network if that were indeed the case!

elsien

Is there a shorter headline version?