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Michellemc

vodafone dispute - any advice

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Hi,

I was into my 11mth of my 18mth contract with vodafone when my phone was lost/stolen whilst on holiday. I immediately advised vodafone who put a block on the sim until it was certain that the phone was gone. On the 3rd January 2009 I rang customer services to advise that the phone was gone and could I have a replacement sim, which never arrived. Another phone call on the 13th Jan asking for an update when I was advised they had no record of my call on the 3rd but they would now send out the sim as requested and should be with me later that week.

28 days later still no sim, so I wrote to them telling them of the above and that as far as I was concerned that they had broken this contract and any agreement was null & void so I cancelled my DD. They responded by waivering my 2 months of charges (great since I had no sim) and would send a sim out...which I never got.

Now they are demanding 141.00 for the outstanding balance of the contract and they had tried sending out some sims and find it strange I never got them, but I could of got one from my local vodafone shop anyway (although I was never advised of that nor was I aware I could do that).

 

Surely this cant be right, as far as I am concerned I have not been provided with the service that I am being charged for and advised them of that both verbally and in writing. They are now threatening with debt recovery and my credit file rating.

Any advice would be appreciated and sorry if the tale is long winded!

 

thanks

Edited by Michellemc
grammatical error

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Hi - since this there has been numerous communication backwards and forwards including one to the CEO office as per an e-mail on the other thread but this is the latest - any advice??

I would like to point out though on 2/2 I put in writing re cancelling the contract so a lot of this information is just in accurate

 

Dear Mr McClure,

 

Thank you for your reply regarding this.

 

I am sorry to hear that you do not feel that Vodafone gave you the correct information over the phone, I am sure that I did mention this to you. However, if not this is why I stated this in the letter. The reason that the default is valid is because Vodafone has not breached any part of your contract. SIM cards have been sent to you when you requested these therefore we have kept to our side of your contract. If you refer to section 6 of your agreement it states the following:

 

getattch.mail?folder=INBOX&msg_uid=1255460107&partsno=2

 

If your SIM card/Mobile Device is lost or stolen you must tell us as soon as possible so that we can prevent further use being made from it. You must pay for all Charges incurred until you tell us and you must continue to pay the line rental charges until this Agreement has ended as described in clause 2 or clause 11.

 

 

This states that you must continue to pay the line rental on your account unless your contract finishes. At no time have we received a request for you to cancel your account, you would still have been liable for the charge up until the end of your contract which was 29/07/2009. The only correspondence we have received from you was on the 16th of June advising that you had not received your SIM cards that you have requested. We also wrote back to you to advise you that you were liable for the full outstanding balance on your account and that this had no been referred to Direct Legal. Section 11 is not applicable here because as advised we did send SIM cards out upon request.

 

As previously advised Vodafone has sent you SIM cards when we have received requests from you to do so, therefore we have not breached any part of your contact. I would refer back to my original offer to offer to credit half of your outstanding balance and the default to remain.

 

 

 

 

 

 

 

 

 

 

 

Dear Katy,

 

I refer to your letter dated 26th September following our telephone conversation relating to the ongoing disputed account as above.

 

It does not surprise me that you make reference to 'defaults' that you say will remain, purely because this was not mentioned on our telephone conversation and goes along with the service I expect from Vodafone. For some reason you and your colleagues seem unwilling to mention what I would deem 'fundamental' information during telephone conversations but mention them on following letters, similar to the mention of me being able to collect a sim from my local vodafone store. The only difference being your Customer Response team took approximately 5 months to mention this.

 

To summarise this on-going fiasco there are so many flaws in the correspondance and information I have received from you. Most importantly the fact that you were verbally advised of my issues in January and then this was followed up in writing early February. Whilst I note you stated the sim is not fundamental or grounds to be in breach of the contract! How can I use the 'Vodafone' service without the sim? When writing to advise I have no sim and promises that this will be sent to me, is it not Vodafone' responsibility to provide this in order for me to continue to use your 'service' and basically allow me, the customer, to get what they are paying for. as As such Vodafone are in breach of the agreement under section 11.2 by failing to fundamentally put right what I have advised you of in writing.

 

I have considered your offer to cover half the remaining balance, which I respectfully decline. I request any default notices are immediately removed from my credit file with immediate effect. As such I will expect no further correspondance from yourselves or any associated companies unless it is confirmation this debt has been reduced to '£0' and should you decide to take this matter to court I will be more than happy to produce the documentation and evidence I have and will also be claiming additional expenses against you.

 

I shall be checking my credit file within the next 30 days from receipt of this email and should that default notice still be in place I will consider issuing the company with a claim for Injury to Credit because I am not prepared to allow this to sit on my credit file

 

Yours Sincerely

 

 

 

(copy via Post)

Edited by MARTIN3030
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