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    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
    • Nice to hear a positive story about a company on this form for a change. Thank you
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Michael20 and Vodafone contract


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i am having problems with my vodafone account i have been told i maybe losing my job and as such wont have as much money i joined vodafone through phones 4 u on the 22/10/10 and assumed i would have anywhere between 7 to 28 days cooling off. i phoned vodafone and was told my contract would need to be cancelled by phones 4 u when i phoned them i was told vice versa i am stuck on a contract price that if i do lose my job i wont be able to pay can anyone help? even if i could go to a lower price plan i would but i just being passed around and since today is the end of vodafones 7 day cooling off period im tied in. (although a manager told me im not entiteled to this)

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HI Michael and welcome to CAG.

 

I've moved your post into your own thread to avoid hijacking someone else's.

 

I hope you get the advice here that you need.

 

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There are a couple of Vodafone rep's that visit CAG and do get this type of problem sorted quickly, so maybe give them a go? Here is their introduction and instructions of how to get them on the case for you.

Hi
CAG
link31.gif
members,

 

We thought it would be nice to introduce ourselves and to assure you all that our presence on
CAG
link31.gif
is with the very best of intentions.

Vodafone UK has recently introduced a dedicated Web Relations Team which is keen to seek out customers who’re having difficulties with their accounts and feel that they have no other place to turn to than CAG and other consumer forums and blogs.

Naturally, it’s not possible for us to help directly with account specific queries on CAG and as such we would encourage those members who feel we can help them to contact us privately and securely using the ‘Contact us’ form on the Vodafone website with your account details.

https://help.vodafone.co.uk/system/s...PARTITION_ID=1

 

When emailing us we would also ask that you either provide us with a link to your post or thread – if you’ve posted in another member’s thread please also provide your CAG username so that we can check what your query is – and state the code WRT135 within the body of your email to make sure it comes through to us.As soon as we’ve received your email we’ll endeavour to get back to you as quickly as possible.

 

Many thanks

 

Web Relations Team

Vodafone UK
.

CAG members contacting us, add the code WRT135 in the subject line in order ensure that email gets routed into our queue.

 

Follow that advice, and update your thread with the automatic reference number you receive and I'm sure they'll get back to you.

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Yes Ditto.

Given that its the weekend please be patient for a response.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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On the face of it, you have the goods, and P4u are notorious for not covering a cancellation, so you cannot use any leverage to exit from your agreement. If you are lucky enough to be released, it will be only because they have agreed not to let it proceed, but the chances of that happening are quite remote.

 

A phone contract - for the reasons you have outlined - is always bad news for the consumer. If you needed a mobile, you could just as easily gone for PAYG and stayed connected, matching your top up with the available funds. Agreeing to a ongoing commitment of several hundred pounds, where there is a cheaper alternative is madness - something, I believe you now realise.

 

As for dropping to a lower tariff, this is a well-trodden path, as this USED to be the way round the problem, but it was abused. As customers discovered the cost of their handset was less (or free) if the contract term was longer, or a higher number of bundled minutes. After the first month they dropped their package level (because they could) and the network was left with the loss. It didn;t take them all much time to insist that you stuck with what you agreed to - but they would let you INCREASE your liability if required, just not decrease it.

 

The only viable option is to fid someone to assign your contract to - they will then take the commitment off you hands. There are a few websites around who will link those interested, but with such a recent purchase and long commitment, this may not be the optimum time.

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  • 3 weeks later...
i am having problems with my vodafone account i have been told i maybe losing my job and as such wont have as much money i joined vodafone through phones 4 u on the 22/10/10 and assumed i would have anywhere between 7 to 28 days cooling off. i phoned vodafone and was told my contract would need to be cancelled by phones 4 u when i phoned them i was told vice versa i am stuck on a contract price that if i do lose my job i wont be able to pay can anyone help? even if i could go to a lower price plan i would but i just being passed around and since today is the end of vodafones 7 day cooling off period im tied in. (although a manager told me im not entiteled to this)

 

Hi michael20,

 

It's been a while since you posted here and as such I was wondering if you'd had any encouraging news about your job.

 

On the return sides of things in this instance Phones 4u would need to agree to accept the phone back to refer the return to us in order for us to arrange cancellation of the account.

 

Although any order placed over the phone or online will be covered by Distance Selling Regulations which stipulate a cooling off period of seven days purchases made in store can be viewed differently.

 

If you're still in need of some assistance here could you clarify how you purchased the phone?

 

Kind regards,

 

Lee

 

Web Relations Team

 

Vodafone UK

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in the store

 

Hi michael20,

 

Thanks for coming back to me.

 

As it was an in-store purchase then unfortunately Distance Selling Regulations won't apply here and as such you'll be reliant on Phone 4u's goodwill on whether they'd accept the phone back.

 

In the event they maintain their position of saying that they're not able and things on the employment front take a turn for the worse you're welcome to email your account details to me by following the steps in our pinned thread here http://www.consumeractiongroup.co.uk/forum/showthread.php?213340-Vodafone-Webteam-for-Customers-With-Problems%281-Viewing%29-nbsp

 

After you've sent it you'll receive an automated reply with a reference number and if could you update the thread with this I'll come back to you as soon as I can.

 

Best wishes,

 

Lee

 

Web Relations Team

 

Vodafone UK

 

 

 

 

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