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Problem with vodafone advice needed please


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It started when my girlfriend paid for April and May but the agent on the phone neglected to tell her that if you paid for it within 3 days of the time when the direct debit is due then the direct debit would come out anyway so she was charged twice for April.

 

This lead to her having to borrow £40 off someone so she could pay for a different pending payment for something else but left her unable to pay for the pending bank charge due fortunately she had money coming in the next day otherwise she would have another one.

 

I've been advised by various different people her dad thinks that they should pay now and there is no reason why they can't and that they are just sitting on it for the interest at the moment and if they don't refund the money

 

Can anyone else please give me their opinions on this because her dad reckons that the final bill is not enforceable because they are in breach of contract?

 

:)

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Hi

 

They are not in breach of contract for requesting and taking payment for services, and this would not mean that a final bill is not due or shouldnt be paid either.

It sounds like a simple error on the part of the operator not advising your girlfriend that due to the short time before the D/D date it would still be requested from their end, and that the D/D should be stopped at the bank end by your girlfriend.

 

The question is, if two payments were made, for April and May, then why was the normal D/D not taken in April, then in May? if a previous D/D had failed it is normal for a second attempt to be made, so it could be a cross over from a failed payment that couldnt have been stopped anyway!

 

If the phone account is now in 'credit' due to an overpayment, a call to customer services to request a BACS payment back to your girlfriends account will see the money go back to her account in 2/3 days. They would have to have a darn good reason for refusal to do that because if May bill has also been paid then there is no outstanding at all as June bill would not have been generated yet!

Anything I post is my own opinion and views based on experience. My posts may not represent the views of my Employer, work collegues, or my Mum, i thought them up all by myself!

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Cheers for the advice Orangeprimate :);)

 

Yeah it was taken twice first time DD was taken she had no funds so they took it again but she had already paid for it over the phone by then so the DD came out anyway :shock::rolleyes::wink:.

 

Had them call this morning and the £64.73 has gone in and we are just waiting on the £35 overdraft charge which they said should take 3-8days however her dad thinks that we should threaten to leave and cancel the contract and DD because he believes that they can pay us straight away and that they are just sitting on the money for interest gained on it.

 

What is everybodys thoughts on this ? :-?

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Personally I wouldn't listen to the advise her dad is giving you because it is very bad advise and could get her in a lot of trouble with late payments/defsult being recorded on her credit file. PArt of the T & C's will state when payment should be made and if it isn't made on time then that is your problem and not Vodafone's. They work the same as any other lender in that they will try to take payment by d/d, if its returned as unpaid then they will re-apply usually around 7 days later. Her bank no doubt will have informed her that the direct debit had been rejected. Its not Vodafone's responsibility to ensure the funds are there but your girlfriends. As the original D/D had been rejected then Vodafone will have asked for her to clear the current outstanding balance, along with a current invoice if one was due as who's to say that your girlfriend hadn't cancelled the d/d completely with the bank. As they are refunding the bank charges then they are being generous and how long the payment takes to be refunded is a fairly standard timescale (remember she made them wait for their money a lot longer than they are making her wait for her money) - try claiming back from a bank/credit card and you will find it can take up to a month. There has been no breach of contract so she is not entitled to cancel her contract for that reason, she has in fact breached it in the first place by not making payment on time which will be clearly stated in her T & C's.

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