Is Vodafone in breach of Ts&Cs/Contract

[Stu]

Vodafone takes its payment every month by DD without fail but last month November 5 it had taken a large amount out of my account which it shouldn't have I contacted them and they admitted their mistake and said it would rectify the situation but as yet they haven't and have made the same mistake again this month, I have been in store 3 times on the net chat and over the phone 5 times, on the 4th occasion they promised it would be sorted within 24 hours and I would receive a call in this time to let me know. Now 48 hours later I had to call back up(being the 5th call) as no call was forth coming and they have stated please give them one last chance to sort the issue. In the Ts&Cs it states that :: 10 .2 the parties shall each have the right to terminate this agreement with immediate affect (by serving written notice of termination to the other party)
10.2.1 if the other party becomes subject to an insolvency event or
10.2.2 if the other party is in material breach of any of its obligations under this agreement (provided that where such breach is capable of remedy, the breaching party is given 30 days to rectify such breach from the date that notice of any breach is received from the non infringing party)

It's now 36 days money still missing people at their end don't know what the issue is and the bills are just building and building

[nemesis45]

Re: Is Vodafone in breach of Ts&Cs/Contract

Stop dealing with customer ( dis) service and shop staff they have no authority, little knowledge.
You need to Make a formal complaint at director MD/CEO level to get anywhere with VF.
Have you asked bank to do a charge back on these payments.

nem

[Stu]

Re: Is Vodafone in breach of Ts&Cs/Contract

Didn't know the bank could do such a thing? and after such a lengthy time... what is (dis) and FF? nem cheers

[R0b]

Re: Is Vodafone in breach of Ts&Cs/Contract

It's called direct debit guarantee, contact the back and explain coda phone have taken an unauthorised amount and you want that amount refunded back into your account. They should do this straight away, they may try to fob you off to coda phone but it is a right under the DD scheme. If the bank fails to do so then they. Will be in breach of their obligations

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It's called direct debit guarantee, contact the back and explain coda phone have taken an unauthorised amount and you want that amount refunded back into your account. They should do this straight away, they may try to fob you off to coda phone but it is a right under the DD scheme. If the bank fails to do so then they. Will be in breach of their obligations

[nemesis45]

Re: Is Vodafone in breach of Ts&Cs/Contract

Didn't know the bank could do such a thing? and after such a lengthy time... what is (dis) and FF? nem cheers

Customer Disservice phone jockeys with a banal company script from which they cannot deviate e.g. " the computer says" certainly not there
to help the customer.

nem

[leclerc]

Re: Is Vodafone in breach of Ts&Cs/Contract

I would also quote payment services directive because most banks will tell you to speak to the company which is BS(that billhooks!!)

[Stu]

Re: Is Vodafone in breach of Ts&Cs/Contract

Ok ill get on to the bank today but that to one side have Vodafone breached their side of the contract?

[R0b]

Re: Is Vodafone in breach of Ts&Cs/Contract

couldn't without knowing whats in the contract

[Stu]

Re: Is Vodafone in breach of Ts&Cs/Contract

I would have thought just a standard phone contract would apply...?

[R0b]

Re: Is Vodafone in breach of Ts&Cs/Contract

there's no "standard" phone contract. EE's contract is different to Vodafone and so is Three's so there is no standard contract. I've never had a contract with Vodafone before so would have no idea what their T's & C's contain.

[ostell]

Re: Is Vodafone in breach of Ts&Cs/Contract

The contract was to supply you with a phone service. They have provided the phone service therefore no breach.

They have really cocked up their accounting procedures, which is an entirely different matter.

[R0b]

Re: Is Vodafone in breach of Ts&Cs/Contract

The contract was to supply you with a phone service. They have provided the phone service therefore no breach.

They have really cocked up their accounting procedures, which is an entirely different matter.

Slightly disagree, looking at Vodafone website, the "Agreement" is defined as: the pay monthly airtime conditions, price plan price plan charges. So you pay for the service / plan for a certain cost and if they overcharge you then technically it is a breach of contract. Is it a fundamental breach? Probably depends on a few factors such as, the number of times it has happened, how much the charge was for etc. Overcharging by £10 is unlikely to be fundamental, overcharging by lets say £400 (or a substantial amount to you) could be fundamental especially if it had a knock on effect and so could overcharging multiple times lets say 4 -6 times in 12 months.

A phone/service contract is like any other, if they don't adhere to the terms then there will be a breach, just like if you fail to make a payment.

[Stu]

Re: Is Vodafone in breach of Ts&Cs/Contract

Well after giving Vodafone one last chance to resolve their issue they still cant, on the phone for 3 hours last night finally got to a manager who stated the terms had been broken and the contract will be cancelled with no chargers or fees , and to bare with him while he sorts it on my account but i would need to be put through to cancellations.. so the story goes through to them who then state there is no issue and no contract will be cancelled and as i am now pestering them he hangs up the phone..... :0 AFTER 3 hours i could have cried, so ive complained to the ombudsman..

[Stu]

Re: Is Vodafone in breach of Ts&Cs/Contract

My issue is still here after 41 days no help from head office and the Ombudsman can't help and no one will speak to me at a high enough level even tried head office where i was left on hold for hour an a half before i called it a day...

Its now in the hands of the BBC's Watchdog team ....

[R0b]

Re: Is Vodafone in breach of Ts&Cs/Contract

Well your last resort would be a letter before action 14 days to comply or you start proceedings in court. Breach of contract which consists of a material breach and thefore you terminate the contract with immediate effect.

You want your money back plus compensation for the lack of co-operation in refunding the amount back or you add interest at 8% per annum.

You could also issue a statutory demand this gives them 21 days to pay up or you can apply for a petition to wind up the company if the money owed is more than 750

Either one will need to be sent to vodafones registered address.