Vodafone Breach Of Contract...

[FightforyourRight]

I called Vodafone in late 2012 to cancel my contract due to numerous problems. A Customer Relations (CR) advisor persuaded me to stay as I was "a valued customer". I was assured my issues were rectified and advised I could upgrade. Given the previous problems, I refused to upgrade. The advisor suggested I purchase a handset only and continue on my "30 day rolling contract". Having credits on my account, I used these to pay in part for a HTC One S. Upon arrival, the handset was defective. It was sent by Vodafone for repair on the required 3 occasions. Still not fixed, Vodafone agreed to exchange. The replacement was also defective. CR offered to send another of the handsets but I did not want to risk more problems. As an apology, in Dec' 12, Vodafone offered a £35 credit and I paid £35 by debit card to 'upgrade' to "the next model up". Unfortunately, when this HTC One X+ handset arrived, it was again defective. CR offered to exchange immediately. However, I received a reconditioned phone which had been 'repaired' but was still not working. Having not agreed to a refurb model, I spoke with CR who agreed to send out a new handset. Upon checking, they realised they no longer stocked that handset. As a resolution, Vodafone agreed both verbally (on many occasions throughout February and March '13) and in several emails to issue a HTC One handset upon release. This was a "like-for-like swap". A CR Advisor agreed this with their manager. They also agreed to contact me when stock came in although I did chase this up on numerous occasions and was always told the only hold up was waiting for stock. On 18th March 2013, I called to chase delivery but was informed the CR advisor who I had previously dealt with no longer worked for that team. Vodafone also refused to honour their promise of providing the handset. The matter has now reached "Deadlock" but I believe I am entitled to the HTC One handset as agreed. Vodafone have now left me with a broken phone and no resolution. Consumer Rights and legal advice I have received all state this is a breach of contract as the handset was offered as a 'full and final' resolution by Vodafone. I then accepted this. As such, it became a legally binding contract. Any advice on this matter would be gratefully received. Thanks in advance

[leclerc]

Re: Vodafone Breach Of Contract...

Just so that you are aware Lee from Vodafone who is their web relations team member will answer you one here. Please ignore him because effectively his job is to trawl the websites to ask you to email them quoting WRT which identifies where you post is from. His job is to spot issues and try to get them resolved without you perhaps getting some nice legal advice to annoy him with and so that he can avert some people with serious problems going to the press which involves reputational risk.
For Lee from Vodafone: Customer service team was crap so he's going to email the Chief Exec's Office cos you lot had your chance and failed.

So, let's not read what LeefromVoadafone has to say and let's ask their executive complaints team to do what should have been done already.

Email a chronology of what you have written above to this email address: guy.laurence@vodafone.com

I would add that when my mother had issues with Vodafone, I did not email Lee with a WRT reference. I emailed the CEO and they resolved the complaint to my mother's satisfaction within about 48 hours and she was delighted that an issue that should be simple was resolved. Sorry Lee, my mother prefers your boss

[Hurricane Puffrose]

Re: Vodafone Breach Of Contract...

Hello, I work for a mobile company, so lets see if i cant help

I need to ask you a few questions just so I am 100% in my mind, and you get the right info.

You mention in your post you were on a rolling 30 day contract, are you still on this contract or did you change when your handset arrived?

You say you part bought the handset with credit, how was the other half of the phone paid for? Did you make a one off payment or was there a new tariff to help lower the cost?

Have you asked for your calls to be listened to by a senior member of staff, and had the notes read back to you at all?

If you have reached deadlock I also advise going to the CEO first, as you have paid for an item you in essence have not recieved, ask about a refund of charges AND replacement handset, use terms such as Unsatisfied and Unproffesional.

[FightforyourRight]

Re: Vodafone Breach Of Contract...

Hi all,

Thank you so much for taking the time to reply.

I must admit, I have seen Lee trawling around on this site. Unless he is going to provide me with the HTC One handset however which I believe I am entitled too, he need not bother me!

The person who sent my case to deadlock and withdrew the offer of the handset was a manager from the 'Directors Office'. Would the contact provided above be in a superior position to this within Vodafone?

Also, I left it as a "30 day rolling contract". My choice of wording that I chose to "upgrade" was a poor one. What I meant to say was that I decided to go for the next phone up available but without changing contract. This was the HTC One X+ which had just come out. Regarding payment for this handset, I paid £35 on my debit card and Vodafone applied a credit for the rest of the difference by way of an apology. Obviously, the HTC One S had already been paid for so I did not need to pay the full amount for the One X+ As a result, there was no change to my tariff.

The Directors Office manager I spoke to has admitted that I was promised the handset on numerous occasions but said that the person who offered it as a resolution from within Customer Relations was working "out of scope". This despite me having an email from the individual stating he had consulted his manager on the matter and both were in agreement.

Also, I'm not sure if the matter has now been 'Deadlocked' whether anyone from within Vodafone can sort this out.

Thank you again for your help and I hope you are enjoying the weekend!

[Hurricane Puffrose]

Re: Vodafone Breach Of Contract...

ok if you have paid full price for the handset and have recieved faulty ones which you have returned, what are vodaphone saying about the monies you have paid them via card?

Will they refund you?

As for the refurb, I think I am right in saying that a refurb may be sent if you have claimed on insurance or if you have a replacement for a faulty phone a few times, you do have a right to refuse if, but if this is purely a replacement handset (not bought outright) they can say you have refused help.

If you have a letter of deadlock, you need to take this to Ofcom, but it may be Vodaphone are simply told to process a refund for any monies paid by you.. NOT the credit they applied.

[FightforyourRight]

Re: Vodafone Breach Of Contract...

Hi,

Vodafone say they cannot find any details as to how I came to be in receipt of the handset. Originally, the Directors Office manager they claimed I was actually given the handset as part of a 24 month contract. When I asked if their system showed I had been on this contract recently, they said no. I asked how then a 24 month contract was possible given the phone only came out in December 2012.

Therefore, they say there is nothing they can do and are unwilling to offer any resolution.

With the refurb model, Customer Relations agreed to issue a new one because of the amount of problems I had experienced. Therefore, when the refurb arrived, I contacted them and stated this was not what was agreed. They, in turn, agreed and offered to send a new HTC One X+. However, they then realised that they had stopped stocking this model

This means that I now have the broken refurb HTC One X+ which would have been exchanged and no working mobile.

I have been in and out of hospital this year and Vodafone have left me without a working phone I can use to contact people.

[Hurricane Puffrose]

Re: Vodafone Breach Of Contract...

I suggest Ofcom, you can also, for £10, send them a SAR for every note they hold about you, I will be happy to translate them for you.

[FightforyourRight]

Re: Vodafone Breach Of Contract...

Thank you for that.

I just feel that as, I have proof of their offer for the HTC One which I accepted, as Vodafone themselves confirm they offered it and as I have now been left without a working phone since December 2012 I am entitled to the handset.

I really appreciate your time and help!

[Hurricane Puffrose]

Re: Vodafone Breach Of Contract...

you are very welcome, if you do decide to go down the SAR route, please dont hesitate to shout.

[FightforyourRight]

Re: Vodafone Breach Of Contract...

I still wonder if anyone could provide advice as to whether this does constitute a breach of contract.

Consumer Rights, the CAB and independent legal advice say it does. I also believe it does.

[Hurricane Puffrose]

Re: Vodafone Breach Of Contract...

from where I am standing, it depends on your contract.

With a 30 day rolling contract, you do not get a phone, therefore the lack of one is here nor there, your agreed to purchase a phone with credit added to your account, there is no terms for a phone in a sim only contract for them to breach

"Rolling 30 day contract. can be cancelled with 30 days notice, can be upgraded to a handset tarriff of 18/24 months, no handset."

If you had been in a contract where the phone is part of it (18/24 months) you would have more to bargain with if you get me.

To my mind, Vodaphone can say that you entered in to a SIM only contract, and that you declined all phones sent, hence my suggestion for a SAR. The handset discount was a goodwill gesture only and did not for part of the T&Cs of the contract.

[FightforyourRight]

Re: Vodafone Breach Of Contract...

Thank you for that again. I really do appreciate your help.

The advice that I have received is that, in order to resolve the issues with the defective handsets, Vodafone offered to exchange my defective HTC One X+ for the HTC One upon release. This they said would be a like for like swap given the similarities in specifications and actual handset cost.

Vodafone confirmed this offer via email and also on any number of occasions via telephone conversations. Consumer rights have stated that Vodafone's offer of the HTC One became a legally binding contract as soon as I accepted. Therefore, from what I have been told, they are unable to simply withdraw that offer because an employee as apparently working "out of scope".

Vodafone knew I was on a "30 rolling contract" when they offered me the handset and therefore, I can't see why this should be an issue.

Thank you again and sorry to be a pain

[Hurricane Puffrose]

Re: Vodafone Breach Of Contract...

its ok hun, I'm just playing devils advocate atm.

I would be tempted to go to OFCOM and explain whats to do, but experience says you may just get the monies you have spent back, as the contract you agreed to is without handset.

[MaryBurns]

Re: Vodafone Breach Of Contract...

its ok hun, I'm just playing devils advocate atm.

I would be tempted to go to OFCOM and explain whats to do, but experience says you may just get the monies you have spent back, as the contract you agreed to is without handset.

Its better to deal with that before OFCOM but make sure you will make your point valid and positive.Don't give them any chance to harasse you.

[des8]

Re: Vodafone Breach Of Contract...

[QUOTE=SteMGalloway;327477]. Consumer rights have stated that Vodafone's offer of the HTC One became a legally binding contract as soon as I accepted. Therefore, from what I have been told, they are unable to simply withdraw that offer because an employee as apparently working "out of scope".
.

Quite correct. This is a new contract, outside the scope of their standard wordings, and if you really wanted the hassle you could sue them for performance of contract. Any accepted offer is an enforcable contract.