Breaking out of vodafone Contract,

MRS_TO_BE_2

Hi Hope this is the right board to post if not please feel free to move.

I am really unhappy with Vodafone at the moment regarding their stance on premium rates text messages that are unsolicated and there refusal to help me bar them. I received some messages which vodafone originally told me I had been charged for but now they are saying it was their mistake and I haven't been charged as they were marketing messages. However my partner has been a victim of a text scam and his bill is £300. I want to protect myself from this as receiving the marketing messages and reading this forum made me realise this can happen to anyone.

I have had numerous dealings with them and now feel the only way to protect myself from these fraudsters is to leave vodafone and switch to PAYG T Mobile who will put a bar in place.

Vodafone say I have 8 months left of my contract. I have asked them for a copy of my contract and this is what they said.

"We don't have access to the specific contract that you would have signed when starting the commitment. You would have been given a copy of this at the time your contract commenced. Your contract states that you will be charged for any services that you've made use off. I understand that these are unsolicited messages and we can understand that they can be expensive and frustrating, but you haven't been charged for these messages"

My take on this is they dont have a copy of my contract and my question is this

How can they hold me to a contract that they don't have?
How can they prove that i am in a 12month or 18 month contract.

Has anyone got any advise about this or will I end up banging my head against a brick wall trying to leave them!


PS Sorry for such a long post!!!

MRS_TO_BE_2

anyone with any advise?!

benbranson

If they can't produce a copy of the contract that you signed then I would think that you don't have a contract... If they're trying to hold you to something then I would ask them to prove that you ever signed a contract.

If they can't then tell them that there is no contract and that you would like to leave them.

MRS_TO_BE_2

Thats exactly what I am thinking!

rev_henry

Were you not told the contract terms, i.e. you will be paying £x per month for y months, when you 'signed up'? If so they will probably have recorded the telephone conversation, if you signed up by phone and thus they have a record of you agreeing to the contract.

MRS_TO_BE_2

I took the contract out through phones 4 u. Don't know if they would get a contract through them.

lawbunny

Unfortunately the networks do not need a written/signed copy of an agreement with you to enforce that it exists. For example, if you get a contract through telesales with a network, they simply send out a copy of T&Cs and price plan info - this is perfectly valid.

Additionally, if you have 8 months of contract left, I would assume that you have had the contract for at least 4 months already (assuming a 12 month contract - 10 months if it's 18 month contract) so in using the service and paying your bills for this long the network is permitted to assume that you are agreeing to the T&Cs and agreeing to the contract.

MRS_TO_BE_2

Thanks Lawbunny. Seems like there is nothing i can do to break out of contract. really worried that lots of unsolicitated messages will start being sent to my phone like has happened to my partner. we both got the phones at the same time on a 18mth contract. Hes had to change his number.

These companies obviously get their numbers from somewhere and seeing how I got some marketing messages and I never had dealing with that company I can only assume vodafone or phones 4 u passsed on my details.

rev_henry

I'd say it was Phones 4 U to be honest, I couldn't prove it but I just have a hunch, maybe someone could back me up on this. Not very helpful I know, sorry!

MRS_TO_BE_2

I've heard rumblings that phones 4 you are often responsible too!

rev_henry

Indeed. But if you try asking them you'll meet a big stone wall so I really don't know what can be done.