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Mobile Phones Contracts and the phones themselves.

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  #1 (permalink)  
Old 11th October 2011, 10:49 PM
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Default Length of contract dispute with Vodafone

Hi All

Please bear with me on this one as I need to introduce some background.

I am a Vodafone customer; two years ago when my contract was at an end I decided on a 12 month SIM only contract as there were no appealling handsets available. Last year when my contract was coming to an end I decided to leave Vodafone as they would not offer me a deal anywhere near what new customers were being offered.

I received my PAC code and then a few days later received a call from a CSR asking me what it would take for me to stay. I clearly stated that I wanted to be on the same terms as currently with an HTC Wildfire thrown in. He agreed, I received the phone the next day.

Fast forward to this year; after receiving appalling customer service when abroad I have decided to leave Vodafone. I asked for my PAC code and termination date and was informed that I have another 12 months remaining on my contract.

As far as I am concerned I clearly only agreed to a 12 month contract but have received correspondence from Vodafone that on their records it is 24 months. They state that the order was placed on the phone and they do not have records to prove the agreement.

Any advice on how to progress this would be extremely appreciated, I'm assuming this is classed as a verbal contract?

Cheers

James
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Old 12th October 2011, 12:38 AM
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Default Re: Length of contract dispute with Vodafone

jpmigue

did you not receive a contract for the service?
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Old 12th October 2011, 02:44 AM
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Default Re: Length of contract dispute with Vodafone

No, all over the phone, viewed or signed nothing. The CSR I corresponded with asked me for proof that the contract was for 12 months and I countered with provide me with proof that the contract was for 24 months, I received this in response:
---
Thank you for contacting Vodafone Customer Service for your query regarding contract details.

I understand your concern about your contract term. As you said you have made and upgrade for 12 months contract but it is 24 months on our records. In this case, I would request you to contact Our Upgrade Team on 191 free from your phone or 08080408408 from any fixed line phone (calls charged at national rate), select option 3 and then 1 from Monday to Friday between 8:00 and 20:00, Saturday between 8:00 and 18:00, Sunday between 9:00 and 17:00 as they will be able to provide you with the best deals available as per your account. I'm sure my colleagues there will be more than happy to help you.

You are currently within your contract period with Vodafone. Your contract end date is 27/09/2012. If you wish to terminate the services before the contract end date then an early termination fee (ETF) will be applicable on the account. The ETF is 97.32 as of today. This amount is just the line rental till the contract end date and is calculated on a pro rata basis. This amount will be added to your final bill.
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Old 12th October 2011, 07:52 AM
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Default Re: Length of contract dispute with Vodafone

jpmigue

It seems that neither party can provide 'proof' over the length of the contract entered into.

Quote:
No, all over the phone, viewed or signed nothing. The CSR I corresponded with asked me for proof that the contract was for 12 months and I countered with provide me with proof that the contract was for 24 months, I received this in response
If you really want to get out of the contract I would contact them again stating that for the last however many years you had a 12 month contract on renewal and when theycontacted you trying to persuade you to stay with them it was your intention only to sign another 12 month contract. You consider that their lack of paperwork, informing you of anything different, is underhand and you have no intention of paying them for a 24 month contract . If they do not release your Pac code and they try and charge you for anything more than 12 month you pursue it in the smalls claims etc.

The only alternative then is to stay with them whilst the 'fight' continues orcancel the DD and go elsewhere and let them chase you. Obviouslyyou would lose your number until it was sorted.
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Last edited by trickygj; 12th October 2011 at 07:53 AM. Reason: typo
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Old 21st October 2011, 08:46 PM
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Default Re: Length of contract dispute with Vodafone

Cheers for your response trickygj. I definitely want out of the contract, I don't give the money that I earn to companies who treat me as Vodafone have.

I suppose the info I am after is a definitive of the law regarding the contract, ie - is this a verbal contract? If this is so then I'm pretty sure that Vodafone have no leg to stand on. If not, how is it classed?

But whatever course of action I take, I need to be sure that Vodafone cannot affect my credit rating. I'm quite happy to go to small claims court but I cannot have my credit rating affected which theoretically Vodafone could do if they consider my non-payment a default.

If it come to it, is there an arbitrator I should contact?

Cheers

James
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Old 22nd October 2011, 07:29 PM
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Default Re: Length of contract dispute with Vodafone

jpmique

This forum is not reallythe place to obtain definative legal advice for varoius reasons.

To ansewer your general query a contract can be written or verbal. There has to be an offer, acceptance and consideration which in this case there is all three. If you have no paperwork it is a verbal contract.

You could argue quite well i feel that your verbal contract was based on the terms that have been express in your previous contracts i.e. 12 months duration. Vodafone would have to show why the contract suddendly doubled in years to 24 months.

If you want to protect your credit rating you should advise vodafone that you are going to take the dispute ot the small claims court for it to be decided by an independant arbitrator (which is in effect what the smalls claims is). You should first ask them for their dispute procedure.

If you stop paying for your phone you wont get the pac number so i assume you will continue until you can get it from them even if that means going to the small claims and waiting for a decision?
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Old 29th October 2011, 03:47 PM
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Default Re: Length of contract dispute with Vodafone

Hi jpmigue,

I am sorry to hear that there has been some confusion regarding your contract length.

Your contract length will be on the paperwork that was sent when you agreed the renewal. It's usually in the title of your price plan which will be on each monthly bill and if you are registered for online access to My Account it will also be shown there.


Kind regards,

Heidi
Web Relations Team
Vodafone UK
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Old 29th October 2011, 09:46 PM
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Default Re: Length of contract dispute with Vodafone

jpmique

Maybe this is something you check. If you are not registered online it all rests on the 'title' of the phone plan.

Lets us know what it says.
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Old 8th November 2011, 11:17 PM
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Default Re: Length of contract dispute with Vodafone

My experience is the nothing is done 'over the phone' they take notes from each telephone call and also tell you in advance that "your calls may be recorded" you need your records from Vodafone to clarify whether their is any mention of contract term, I'm guessing they won't give you a copy of the telephone conversation.

Send a subject Access Request under the data protection act and see what you get back, things may become clearer, I'm surprised Heidi_Vodafone hasn't made this suggestion.
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