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vodafone are trying to extend my contract from 18 to 24 months

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hi caggers,

i am having a terrible time being pushed from pillow to post with vodafone customer services.

The short story is that i called them this month to ask for an upgrade only to find that they will not upgrade as they tell me my plan has another 6 months to run.

I have been with them since 2009 and have NEVER had a 24 month contract. My first contract upgraded in July 2011 to what i believe to be an 18 month contract.

I have asked them to send me a copy of my contract and they state they cant as it was a verbal agreement.

now they are asking ME to send them my welcome letter. tit for tat in my opinion as they have nothing to prove a 24 month contract. my plan name is ypl 24ess 600m utx vp vmi.

The 24 does NOT mean 24 month contract as it has never changed from when my original 18 month contract was started.

having received and made several calls and emails to the customer service team, i am now dealing with at least 3 people with reference numbers WRT135(#10846504) & (#10823140)‏.

 

not only am i being messed about with this, the people replying to my emails have not always been polite and in at least one instance they cant even spell.

 

To Vodafone's credit they did offer to change the plan by 3 months which i have refused on principle, with no contract in place, why should i accept a 3 month extension when all i wanted was to upgrade my plan which i honestly believe to be 18 months.

 

I have recorded (paperwork) history of them doing this when i first took out my original plan which within 2 days had been extended by a year from 18 months to 30 months (ouuuuch), that was back in 2009 because i had a gateway box for the house as they said we have a great signal and had zero signal and roll on 2013 its de ja vue.

I even had a call from the retention team asking me what phone i upgraded back in 2011 as the system didn't show one, he also advised sticking to my guns as they cant prove anything and to escalate my complaints as high as possible (an impossibility when the customer services teams don't tell you who they are or their position) a severe lack of paperwork or documents i think.

 

I am now at the point of hitting my head against a brick wall, do i simply send a complaint to ofcom, let them take the £127 ETF they want and then claim it back in the small claims court (protecting my credit reference) or do i cancel the direct debit and see what happens but still write to ofcom?

Footnote: Lee, if you read this, you can see that your guys have already seen a copy of my emails and have failed to resolve this issue. reference numbers above.

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Dans forum post gave me a link to this,

having read the unfair terms in consumer contracts i think you should consider

The Unfair Terms in Consumer Contracts Regulations 1999 section 5 sub para (4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was.

 

also under schedule 2 Regulation 5(5)

SCHEDULE 2 INDICATIVE AND NON-EXHAUSTIVE LIST OF TERMS WHICH MAY BE REGARDED AS UNFAIR

 

(l)providing for the price of goods to be determined at the time of delivery or allowing a seller of goods or supplier of services to increase their price without in both cases giving the consumer the corresponding right to cancel the contract if the final price is too high in relation to the price agreed when the contract was concluded; (does this apply to price increase?)

 

(o)obliging the consumer to fulfil all his obligations where the seller or supplier does not perform his; (copy of contract, no signal etc)

 

(q)excluding or hindering the consumer’s right to take legal action or exercise any other legal remedy, particularly by requiring the consumer to take disputes exclusively to arbitration not covered by legal provisions, unduly restricting the evidence available to him or imposing on him a burden of proof which, according to the applicable law, should lie with another party to the contract. - (not down to me to proof the contract but vodafone?)

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Follow the advice in this thread HERE

Get Lee the resident vodafone rep in on this

 

Although he may pop in and find you via the reference numbers you have posted.


If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

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Dans forum post gave me a link to this,

having read the unfair terms in consumer contracts i think you should consider

The Unfair Terms in Consumer Contracts Regulations 1999 section 5 sub para (4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was.

 

also under schedule 2 Regulation 5(5)

SCHEDULE 2 INDICATIVE AND NON-EXHAUSTIVE LIST OF TERMS WHICH MAY BE REGARDED AS UNFAIR

 

(l)providing for the price of goods to be determined at the time of delivery or allowing a seller of goods or supplier of services to increase their price without in both cases giving the consumer the corresponding right to cancel the contract if the final price is too high in relation to the price agreed when the contract was concluded; (does this apply to price increase?)

 

(o)obliging the consumer to fulfil all his obligations where the seller or supplier does not perform his; (copy of contract, no signal etc)

 

(q)excluding or hindering the consumer’s right to take legal action or exercise any other legal remedy, particularly by requiring the consumer to take disputes exclusively to arbitration not covered by legal provisions, unduly restricting the evidence available to him or imposing on him a burden of proof which, according to the applicable law, should lie with another party to the contract. - (not down to me to proof the contract but vodafone?)

 

Looks good to me.

 

Did Vodaphone offer to cancel the contract when you discovered that there was no signal, or was their only offer the box & extra year?

 

Vodaphone should know what was in the welcome letter (although it might be difficult for them to work that out). Obviously the length of a contract is as important as the price and should be made very clear before the contract is entered into as well as the contract document that they sent

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