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Advice on failure to supply promotional item as part of a mobile contract sale ***Resolved***


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Hi, this is my first time visiting these forums but I was recommended here by a friend.

 

At this stage I am looking for some general advice on where I stand rather than to get too embroiled in specifics just yet, so I'll summarise the situation.

 

I have purchased a new mobile phone contract and as part of that there was a promotion to receive a free Sony television which had to be claimed once I had received my new handset and paid my first bill which I have done (2 months bills actually)

 

I was promised in the terms and conditions that as long as I did this I would receive the promotional television in 28 days, this has now long since passed and I've spent 3 frustrating weeks going back and forth between the mobile provider and the Sony fulfilments team who each blame each other for the delays and will not take any accountability or ownership for this.

 

The mobile provider who I have the phone contract with have now told me that there is nothing more they can do as the terms and conditions state that the responsibility to supply the TV is with Sony and not them, even though Sony have said that it is the mobile providers failure to validate my claim that is delaying them sending me the TV.

 

I would like to know if the mobile providers promotional T&Cs would stand in Law on this or if (as I suspect) my contract exists with them and the TV was an "incentive" to buy which it is ultimately their responsibility to ensure it is fulfilled otherwise I could be within my rights to claim they have not fulfilled their part of the "deal"? I am not an expert on consumer law but dangerously know a bit but don't want to make my self look a fool to them by spouting incorrect information back at them when I escalate this further.

 

I'd really appreciate some more experienced input and advice on this before taking it further.

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It is more than likely that the offer is fully binding on the company which relied on the offer to secure the sale and to get you as a customer.

 

Let us have better details and we'll advise you how to go about enforcing your rights

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Sales of Goods act still applies with promotional items, im guessing it still applies with goods and service?

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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I'm afraid that I don't agree that it is SOGA - or SGSA.

I think that it is far more basic than that and depends upon the basic Common Law elements of contract

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Hi harbinger756

 

Write a Formal Letter of Complaint mark it as such. Explain what's happened (purchased phone contract, free tv promotion), how they have let you down (failed to provide free tv - missing world cup - giving you the run around) and what you want them to do (provide free tv).

 

I'm assuming it's Vodafone from Bankfodder's link.

 

Send it to:-

 

Mr Jeroen Hoencamp

Chief Executive

Vodafone UK

[email protected]

 

In the alternative we have a Vodafone Rep (Lee) on this site who can look into the matter, but please update us with how the matter is resolved.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?213340-Vodafone-Webteam-for-Customers-With-Problems-**UPDATED-November-2013**

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Hi harbinger756,

 

So I can help you further with this, email me with your details via the Contact us form here and quote the code WRT135 - CAG Forum in the subject line.

 

Once sent, you'll receive an automated reply with a reference number. Post back with this and I’ll check I've received it.

 

Kind regards,

 

Lee

 

Social Media Comms

 

Vodafone UK

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Well, I appear to be getting my TV delivered tomorrow! Maybe my persistence with the team already dealing with this finally paid off? Pointing out to them that my contract was with them and not Sony to supply the promised promotional item may have been the final unblocker in the case? Or they just finally sorted out the disconnect in the process that was getting in the way, I'll probably never know now but at least I'm happy (assuming it does turn up now!).

 

Thank you to everyone that took time to reply to my post, I can see this is an excellent resource for information on consumer issues, hopefully I won't need to return in future but I have a sneaking suspicion I will! Until the next time... ta ta...

Edited by harbinger756
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Thanks for the update - and well done on the result.

 

It is to VF's eternal shame that one has to hustle for these kinds of things. Who is it in VF who thinks that they are protecting the company by trying to rip-off their own customers.

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You're absolutely right BankFodder, I will take this experience away with me and at the end of my contract period just end up as a customer "churn" statistic as I will not stay with the provider after this.

 

I don't care now that I got a free TV (It'd better turn up after I've said that!), I should not have to feel like I had to "fight" for it, beg for it, be eternally grateful for it.

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Hi harbinger756,

 

Thanks for updating the thread, I hope your TV arrived yesterday.

 

If you'd like me to look into why you've experienced these problems, email me via the contact details provided earlier in the week.

 

Kind regards,

 

Lee

 

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Vodafone UK

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