Vodafone mis-sold elderly deaf father contract

ChristineLouise wrote: »

Hi all, I realise Vodafone are the most complained about provider. I had my own disagreement a while back over being repeatedly charged £100 a month on a £36 a month contract, (discount wasn't applied) 3 month complaint, 18 hours of call time, multiple emails, cut off several times etc as I was expected to pay the extortionate bills whilst they admitted and investigated their error....*sarcastic eyeroll*

Its been a while since I have dealt with them but this time, my partners 83 year old deaf father with dementia went into Vodafone to cancel an old mobile contract because he was not using it, rather than wait for my partner, his dad decided to go off and do it himself.. hence instead of cancelling the contract it was renewed for a new mobile phone (that he does not use):mad:

Elderly father goes back into store to cancel the contract it now seems this didnt happen although he did cancel the DD with the bank. Today my partner opens a letter from the debt department chasing unpaid bills for £70 quid.:eek:

What is the quickest way to resolve this, get the contract nulled, "debt" written off without getting a headache please. My partners father is deaf, 83, has dementia and has no use for a mobile.

I could really do without another 3 months of arguing.

mobilejunkie wrote: »

3 Months of arguing is unlikely to have the same result. Last time Vodafone had broken the contract, this time he is trying to break it. See if there's a specific department which deals with vulnerable people. Seems to me you have to humbly request understanding since Vodafone haven't given cause to break the contract.

tacpot12 wrote: »

Can you prove that he did not have capacity at the time he was sold the contract?

Being deaf does not mean he didn't have capacity.
Not having use for a smartphone does not mean that he didn't have capacity.

You need medical evidence that he could not have understood the essential nature of the contract he was entering into. A Old-Age psychiatrist might be able to provide you with this evidence if they saw them a few days or weeks before he went into the store, and is willing to confirm that his condition would not change over a short period of time.

This article highlights the requirement to prove that the person did not have capacity: https://www.nelsonslaw.co.uk/capacity-enter-transactioncontract/

I would lay out the facts of the case as you see them to Vodaphone, ask them to consider the reputational damage that will occur to the company when you go to the media, and then see if you can get the medical evidence. If you can, I would write to them and say that your partner will defend any court case where they attempt to recover money they say he owes on the basis of this medical evidence which proves he didn't have capacity. Even if no-one has a Power of Attorney for him, a litigation friend must be appointed if he doesn't have capacity to represent himself and Vodafone want to sue him for what he owes.

You might also point out the difficulties of suing someone who has not got capacity, and hence canceling the contract might be the best option for Vodafone. If a debt collections agency are appointed, make sure they are informed that he lacks capacity.

isabellac wrote: »

While I fundamentally agree with you that it is not the staff's responsibility to assess a person's mental capacity, it is also not their job to wrangle someone into a totally different outcome than the primary aim they had when they entered the shop.