Mobile phone issues

[Guest]

Re: Mobile phone issues

Hi Cetelco,

From what bassman001 has posted I acknowledge that this hasn't been handled to their satisfaction which is regrettable and something which we'd like to take another look at.

Generally, we will attempt to rectify any manufacturing fault via the repair route once a customer has had their phone for more than seven working days.

In instances where our own repair centre may be unable to resolve the fault it would referred to the manufacturer for further investigation and of course if it was deemed that the fault could not be fixed then a replacement would be made available to the customer.

Kind regards,

Lee

Web Relations Team

Vodafone UK

Thank you for your reply Lee. I regret however, that it is not acceptable.

As I wrote in post #2 and elaborated further in post #4, this conduct is unlawful. The choice regarding whether or not the product, in this case a mobile telephone handset, is to be repaired or replaced is not yours alone to make.

It is quite simple. Goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date. Therefore, consumers have the statutory right to seek damages or may agree with the retailer to accept a repair or replacement. However, it is important to note that this final remedy has to be carried out "without significant inconvenience" and within a "reasonable time" for the consumer. As above, consumers may seek damages instead, to the value of a repair or replacement.

By suggesting that "Generally, we will attempt to rectify any manufacturing fault via the repair route once a customer has had their phone for more than seven working days" you are seeking, deliberately, to deny consumers their statutory rights under the Sale of Goods Act 1979 and other associated legislation.

How many "Rachels" do you employ - and train - to deceive customers into believing that they must accept a repair to a product that is more than seven days old?

I appreciate that you are trying to help now, but why has it reached the stage where you must search for disgruntled customers on the web, when in fact, this particular customer has visited one of your own stores several times and only because you failed so spectacularly to solve his problem, have you even found out about it?

[bassman001]

Re: Mobile phone issues

Lee,

I posted my letter of complaint 2 days ago and so far I have not received any reply or even a phone call/sms to say that it had been received by the relevant complaints department.

It does appear from your posts that you do not intend to comply with the law with regards to contract of sales and that you defend the action of your member of staff in the store and the course of action that she directed me to take.

How would me complaining directly to you change any of this?

I have never asked for anything outrageous. I have never demanded anything other than a replacement for my faulty handset, WHICH I AM ENTITLED TO IN LAW.

Please explain to me how your policy of only having 7 working days to return an item can be fair and 'reasonable'?

For a start my item took 3 months to present its fault.

What would have happened if I bought another faulty phone, this time as a present for someone. I wrap the phone up and present it to them 8 working days after purchase. The first time that the phone is switched on is actually 8 working days after purchase.

Even though the phone would have been faulty from the outset you would not entertain a straight replacement even though the first opportunity to identify the fault would come after the 8 working days?

Could you please explain to me how that is fair and 'reasonable'?

I would strongly suggest that this is why the legislation (Sale and Supply of Goods to Consumers Regulations 2002) refers to 6 months from date of purchase/supply as this would seem, well, 'reasonable'.

You also fail to take into account the level of usage of an individual mobile phone and this would have a great affect on how quickly a fault may become apparent.

Again, please explain how this is fair and 'reasonable'?

I have had my personal data wiped from the phone twice now (at great annoyance and inconvenience) and I am unable to use it for anything more that text messages and phone calls (which is clearly not what I bought the phone for) I am not prepared to have my phone 'repaired' again and have to worry that everytime I turn my phone off I may end up in the same situation. The last 'repair' clearly was unsuccessful.

'Rachel' clearly (eventually) stated that if my phone failed again and it had 3 faults within 3 months then it would be replaced. I cannot find this on the Vodafone policy website. Is this another lie to try and get me to accept the repair?

You are right, this matter has not been handled to my satisfaction however I am willing to allow you another opportunity to try and rectify this.

Please be advised, if you are going to regurgitate Vodafone policy (which DOES NOT supercede UK law) and refuse to replace my handset then I feel that we have reached and impass.

Lee, please advise as to how you think we should procede?

[bassman001]

Re: Mobile phone issues

I must say I am quite annoyed that no-one from Vodafone has made direct contact with me yet, bearing in mind I posted my letter of complaint nearly a week ago. Lee has also gone fairly quiet on the subject too.

[EXC]

Re: Mobile phone issues

I must say I am quite annoyed that no-one from Vodafone has made direct contact with me yet, bearing in mind I posted my letter of complaint nearly a week ago. Lee has also gone fairly quiet on the subject too.

You didn't mark your letter for the attention of a 'Rachel' did you? If so, perhaps she thinks a response is only in order after a period of seven days?

[bassman001]

Re: Mobile phone issues

Of course, I forgot about Vodafone and the magical 7 days to get anything done!

I've just called Vodafone because I think it is unacceptable that they have not made any attempt to contact me.

I have just spoken to a lady at a call centre who, quite frankly, didn't have a clue.

She told me there was no note on my account and basically said that there is no way to speak to the complaints dept. other than by email.

I informed her that I had sent a letter (old fashioned, I know) and I don't thnk she realises that if you look at the Vodafone website, it gives an address for the customer services manager in Newbury and complaints can be made this way too.

I find it laughable that all members of Vodafone staff that I have spoken to do not have the foggiest idea what their business is and how it works.

This latest episode has filled me full of confidence......

I have been told that she will look into it and give me a call back..... Guess what, I'm still waiting. Oh joy.......

[EXC]

Re: Mobile phone issues

Why is it that conversing with companies in the 'communications' business is so difficult?

[dawney66]

Re: Mobile phone issues

Hi

Dont know if this helps but I have had similar situation with a comet pay as u go phone and contacted trading standards who explained mobile phones to me, if you have a contract phone you do not pay for the phone you pay for the contract therefore a repair is all they have to offer you. If it is a pay as you go phone you purchase the phone or if you have just bought a new handset it comes under the sale of goods act and you do not have to accept a repair wether it is company policy or not ! how i resolved the issue was printed a copy of the letter that you sent to vodaphone and hand delivered it to the shop to the manager and made him deal with the situation there and then I also called trading standards from the shop and got a reference no they soon changed there minds NEW PHONE there and then !!!

[bassman001]

Re: Mobile phone issues

I have been in contact with Vodafone this morning and manged to speak to someone from their accounts dept. as clearly you can only speak to their complaints dept via email (which begs the question, do they actually exist at all).

She, like all others before, spouted the same policy about 7 days to return..blah blah...can only send it off for repair....blah blah.

Apparantly my letter of complaint has not been acknowledged on their system and can take 10 working days to receive a reply (I'm sure if I owed them money they would be a bit more lively).

I was told that I would have to take it up with the shop as it was nothing to do with the people I was speaking to. I thought they were Vodafone too? Had I called the wrong company by mistake? Is there no joined up system?

I'm going to speak to Trading Standards later on when I get home and report the matter to them. I think by the way things are going and the fact that no-one seems to be able to deviate from the 'exchange of goods crib sheet' that appears to litter Vodafone offices all over the country, I will have to take the matter to court.

Lee, has been fairly quiet recently and I haven't been contacted by anyone yet, I've had to do all the running (communications experts?!).

I must admit this whole matter is starting to really grate on me now.

Thank you for the advice above Dawney66, from what you're telling me I am definately entitled to a replacement and hopefully Trading Standards will take it seriously.

Many thanks.

[Guest]

Re: Mobile phone issues

Did you send them the letter I drafted for you in post #7?

If so, then simply issue your claim. If you need helping drafting the particulars, ask.

[Budgie]

Re: Mobile phone issues

Totally agree with Cetelco's comments.

There comes a time when talking till you are blue in the face has to stop. For the sake of your sanity and your blood pressure.

Lee, the Vodafone Company Rep has now obviously been put right by Rachel on how Vodafone deal with complaining Customers and has decided to ignore you. He hasn't posted on LB since 18th March although he has posted today on another forum.

[bassman001]

Re: Mobile phone issues

[quote=Cetelco;205041]Did you send them the letter I drafted for you in post #7? quote]

Yes I sent a copy of this letter (just added my own details to it).

The only problem I can see is that I didn't send it recorded delivery (I realised after I posted it). I can imagine they will claim that it has been lost in transit...

I'm going to give it to the end of the week and if I haven't heard anything back from them then I'll look at instigating proceedings. I would be grateful for your assistance in this matter.

Once again thank you all for your help.

[bassman001]

Re: Mobile phone issues

Apologies for not updating sooner, however I actually have some positive news.

On Sunday I called Vodafone (this was to be the last time before instigating legal proceedings).

I spoke to a helpful person in the call centre and explained the problem again.

I was put on hold and a few minutes later I was told that as a way of saying sorry I could get a discount on a replacement handset.

I told Vodafond where they could stick their discount (in a more diplomatic way obviously)

I was put on hold again..... After a few minutes I spoke to the lady again and she told me that they were going to send a replacement handset to me.

I was then told that as a goodwill gesture they would send me a much better handset (Nokia N8) than the one I had originally bought (Nokia C3).

This arrived yesterday and I am very happy with the new handset!

The matter has already been reported to Trading Standards and my letter of complaint stands, so I've not been 'bought' over as it were.

All I wanted was a replacement handset and 2 weeks on, I FINALLY have one (and a much better one at that).

I would like to say a massive thank you to everyone who has contributed and helped out, I think things would have taken a completely different path if I hadn't have found this website.

Once again a massive thanks.

[Guest]

Re: Mobile phone issues

Excellent news, well done.

It is a pity that one has to go to such lengths to have companies that know better, treat their customers properly. They all pay lip-service to the notion that they care, but sadly, in most cases, that is all it is.

Well done to that person within Vodafone who finally realised that real customer care extends beyond their marketing material.

[charitynjw]

Re: Mobile phone issues

Totally agree with Cetelco's comments.

There comes a time when talking till you are blue in the face has to stop. For the sake of your sanity and your blood pressure.

Lee, the Vodafone Company Rep has now obviously been put right by Rachel on how Vodafone deal with complaining Customers and has decided to ignore you. He hasn't posted on LB since 18th March although he has posted today on another forum.

Ah-ha, invoking the old Sanity clause, eh!

http://www.youtube.com/watch?v=SzfiBMRDc5Y

[Vodafone Company Rep]

Re: Mobile phone issues

Apologies for not updating sooner, however I actually have some positive news.

On Sunday I called Vodafone (this was to be the last time before instigating legal proceedings).

I spoke to a helpful person in the call centre and explained the problem again.

I was put on hold and a few minutes later I was told that as a way of saying sorry I could get a discount on a replacement handset.

I told Vodafond where they could stick their discount (in a more diplomatic way obviously)
y
I was put on hold again..... After a few minutes I spoke to the lady again and she told me thwat they were going to send a replacement handset to me.

I was then told that as a goodwill gesture they would send me a much better handset (Nokia N8) than the one I had originally bought (Nokia C3).

This arrived yesterday and I am very happy with the new handset!

The matter has already been reported to Trading Standards and my letter of complaint stands, so I've not been 'bought' over as it were.

All I wanted was a replacement handset and 2 weeks on, I FINALLY have one (and a much better one at that).

I would like to say a massive thank you to everyone who has contributed and helped out, I think things would have taken a completely different path if I hadn't have found this website.

Once again a massive thanks.

Hi bassman001,

Apologies for the delay with coming back to this thread.

Since I've been away I'm pleased to see that an agreeable conclusion has been reached here. I'm confident that had you contacted the Web Relations Team directly we would have arrived at a similar solution.

To touch on some of the concerns which have been raised following my initial reply I can assure everyone that Vodafone does comply with consumer legislation.

With regards to goods that are perceived to be faulty, if there is an inherent defect with a product such as a handset, in most cases this would manifest itself within the seven working day period disclosed in our Code of Practice.

There are a number of diagnostic action that can be taken in store to remedy problems and is appropriate the product can be submitted for investigation and repair.

We will naturally co-operate with any investigation conducted by Trading Standards and in the event that you've yet to receive a reply to your letter I'm happy to take a look at this if you'd like to email me at xxxxxxxxxx
Kind regards,

Lee

Web Relations Team

Vodafone UK