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Vodafone refusing to refund me for phone not fit for purpose, please help.


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Hi there,

 

I'm having a lot of trouble with Vodafone refusing to refund or replace my phone, and I'm worried I'm going to end up having to take them to court. I have no idea how to do this, or if I really have a case, but I will give you all the details and I really hope you can help. I'll bullet point it to try make it easier to understand fully. Thanks for your time.

 

.I bought a Vodafone Smart Prime 6 for my Girlfriends Mum for Christmas - Purchased on 10/12/15 for £75

.I paid for an unlocking code so I could use the phone on other networks.

.The phone turned out to be faulty (resetting itself every 5 minutes)

.I took the phone back for repair

.I received a replacement phone as the repair was "unfixable"

.I attempted to buy an unlocking code for the replacement phone

.The phone can't be unlocked, unlike the original - In fact the unlocking team claim the phone is already unlocked, despite me sending them photographic proof that it wasn't.

.I took the phone to the Vodafone store, they say they can't refund or replace it as it's past the 14 day deadline.

.I believe I am owed a full refund/replacement.

.I explain to them my statutory rights that I believe apply to this situation:

 

"Subsection (3) applies to a contract to supply goods if before the contract is made the consumer makes known to the trader (expressly or by implication) any particular purpose for which the consumer is contracting for the goods."

 

.I have an email sent by a Vodafone Technical Advisor saying (excuse his spelling):

"PLEASE HELP AS IF THIS ISNT CORRCTED THEN WHAT WILL WE DO AS CUSTOMER IT OUT OF THE 14 DAYS OF PURCHASE AS THAT WAS THE CONDITION HE BOUGHT IT THAT HE COULD HAVE IT UNLOCKED WHICH HE DID WITH THE FIRST PHONE BEFORE THE EXCHANGE"

 

.I believe that this states I bought the phone under the condition that I would be able to unlock it - please note this email was sent recently, so after I bought the phone, however I have in writing that the phone was sold to me under the condition that I would be able to unlock it from a Vodafone Rep, so I'm hoping this will count as "before the contract is made" anyway - Please advise!

 

. Finally my rights state:

"A consumer who has the right to a price reduction and the final right to reject may only exercise one (not both), and may only do so in one of these situations—

 

(a)after one repair or one replacement, the goods do not conform to the contract"

 

This has led me to the conclusion that the replacement phone I now have does not conform to the original contract, and I am therefore entitled to a refund or replacement

 

.The Assistant Manager refused to help in anyway saying I could talk to the Vodafone On-line (not in store) team, and if they couldn't help my only course would be through legal action.

 

So I have no idea what to do from here.

Do you think I have a case that would stand up in court. I think so, but I would appreciate as much advice as possible.

I will be calling the on-line team tomorrow on my day off, but I doubt they will help, so my only form of refund or replacement would be via small claims court, unless an On-line Vodafone Rep can help

 

Thanks for reading, and I really hope someone can help.

 

Ewan.

 

UPDATE: I have just spoken to a Vodafone rep on-line who told me I can contact the returns team and get a refund, but ive been on hold for them for 2 hours so I'm not sure if anything is going to happen. Now I've been told I can have a refund, do they have to honour this?

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I think that you are completely on your rights in every respect.

 

It doesn't matter whether Vodafone expressly says that the phone has been bought on condition it can be unlocked. This applies automatically to every telephone and Vodafone would have needed to say expressly that their phones can't be unlocked in order to cancel out that particular feature of the contract.

 

You are being led by the nose and round the houses by Vodafone – and let me tell you that this is not unusual.

 

Vodafone's systems seem to be in a complete mess and the stories you get change depending on who you speak to – in-store, out of store, on the telephone and in respect of different telephone calls.

 

I understand from Vodafone themselves that they are so overrun by customer queries that they don't have the resources to deal with everything correctly – and particularly not on this forum or elsewhere on social media

 

This is why we always recommend that anybody who speaks to Vodafone (as well as any other company) records the calls.

 

In the circumstances that you have described, Vodafone are bound to give you a refund and I suggest that you get about obtaining it now, and let us know if you have any trouble.

 

Was the telephone bought on a contract or did you buy outright? A danger that we have found with Vodafone is that you terminate the contract for some valid reason but for some reason rather Vodafone systems – or else their staff, failed to love the fact that the contract has been cancelled and the next thing you know is that you are being pursued by debt collectors for the monthly payments and also that your credit file has been blighted.

 

This is what Vodafone are very good at – instructing debt collectors and biting credit files.

 

 

There is a Vodafone customer representative who visits this forum sometimes. He's been here fairly frequently of late after we complained about his absence.

 

If you're lucky, he may look in on this thread and he may decide to help you.

 

First although how are you meant to obtain your refund? Is there anything in writing on this? I suggest that you put this in writing and send it to Vodafone so that at least some words on record.

 

If you have any problem getting your refund then come back here – I suggest that you keep good written records and also record telephone calls for your own protection

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Thanks for taking the time to reply

 

The phone was bought outright for £75, I am still currently on hold with the returns department, I do record all phonecalls, however when I went into the store I did not record that

 

I have in writing that I can have a refund, I think I read somewhere that they now have 14 days to honour this, is this true or am I just making it up?

 

I have had Vodafone get debt collectors on me before (unfairly, I got them to drop it) so im very aware of there very dodgy tactics.

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You didn't tell us whether this is on a monthly contract.

 

I don't understand where you get 14 days for the refund. Have you no idea of what the arrangements are?

 

If you don't then I suggest that you call them and find out what they say. Record the call of course.

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You didn't tell us whether this is on a monthly contract.

 

I don't understand where you get 14 days for the refund. Have you no idea of what the arrangements are?

 

If you don't then I suggest that you call them and find out what they say. Record the call of course.

 

Sorry, when I said I bought it outright I meant the phone is not on a contract, it never has, it is a pay as you go handset, and currently has no sim in it at all.

 

Vodafone impose a 14 day return policy, and despite me arguing with the manager she said there was no way she could refund me, despite me listing my statutory rights to her.

 

I am currently on hold to the pay as you go returns team, and have been for 1 hour and 48 minutes. Ridiculous.

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So you're not really a Vodafone customer. That will make Vodafone less inclined to help you.

 

Not much use asking a Vodafone store manager about statutory rights.

 

Yes, one hour and 48 minutes is ridiculous. Can I say that you take the time to write a letter of complaint to trading standards as well. This pattern of poor customer service and denial of customers consumer rights is really quite unacceptable.

 

Please would you be kind enough to send me an email to admin email address and let me have your contact details and any other reference numbers relating to this transaction. I would like to send them directly to a Vodafone customer services manager and see whether they might want to take charge of this problem.

 

I can't guarantee anything that we can try.

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So you're not really a Vodafone customer. That will make Vodafone less inclined to help you.

 

Not much use asking a Vodafone store manager about statutory rights.

 

Yes, one hour and 48 minutes is ridiculous. Can I say that you take the time to write a letter of complaint to trading standards as well. This pattern of poor customer service and denial of customers consumer rights is really quite unacceptable.

 

Please would you be kind enough to send me an email to admin email address and let me have your contact details and any other reference numbers relating to this transaction. I would like to send them directly to a Vodafone customer services manager and see whether they might want to take charge of this problem.

 

I can't guarantee anything that we can try.

 

Thank you, Il just start writing that up for you now.

almost 2 hours now, ARRHHHHH

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Thank you, I have sent your details onto a customer relations manager.

 

Will see if they're prepared to come back with some help.

 

If your situation on the telephone changes then please let us know.

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Thank you, I have sent your details onto a customer relations manager.

 

Will see if they're prepared to come back with some help.

 

If your situation on the telephone changes then please let us know.

 

So after 2 hours and 13 minutes someone finally answered - the wrong department!!!!!

They put me through instantly to the online order/returns team, who told me i couldnt return the phone as its outside the 14 days.

I read out my rights, and explained everything above, she is now talking to the manager and will call me back in half an hour.

 

I will keep you posted

 

Thanks again.

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Vodafone tell me that they don't have the resources to look aft their customer complaints correctly - but actually I think that if they started behaving efficiently, there would be so many savings that they could pay for all the resources they need.

 

As for calling you back in half an hour, don't hold your breath.

Did you record it all?

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Vodafone tell me that they don't have the resources to look aft their customer complaints correctly - but actually I think that if they started behaving efficiently, there would be so many savings that they could pay for all the resources they need.

 

As for calling you back in half an hour, don't hold your breath.

Did you record it all?

 

They told you that in response to the email? Or is that just in general.

You'd think they'd realise that if they put more money into there customer service, they'd have happier customers = more customers = more money! They need to sort themselves out!

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No, they told me recently in another exchange.

 

I don't think that you really understand the Vodafone business – or any other big business.

 

The not really interested in the business of selling mobile phones. They're not really interested in customer satisfaction. Those are just vehicles that they use in order to run a huge corporate enterprise with loads of shareholders. The only thing that they really interested in is shareholder satisfaction. As far as they concern, the only nuisance about running a mobile phone business, is the customers.

 

There driven by share value, shareholders, stock-market listings, executive salaries, bonuses. If they can add more money to the Prophet side of the balance sheet by skipping on customer service than they do it.

 

There's always money in making sure that your customers share the burden – such as waiting for two hours on the telephone. The customers are working for Vodafone for free and so they don't get respected.

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Did you get a recording?

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I have a recording of that yes.

Okay so speaking on the phone has not resolved anything, when the next person I was talking to spoke to his manager explaining the situation, he was told that he wasn't allowed to talk to me about it - because he wasn't legally trained - so my only option was to write a formal letter to there head office. I have no idea how to do that, I think there are guides on here though?

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Any chance that you could email me the recording? If it sounds right, then I could pass it on to the customer relations manager.

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Okay give me half an hour and I will. Most of it is me on hold so I'll edit it okay?

I told him I have the right to speak to a manager and he said he had the right to refuse as he didn't think a manager would be any use, as apparently getting a phone repaired/replaced for being faulty means that the online team is not responsible (even though the warranty carries over to the replacement phone), in fact his exact words (I think) were "no one can help you"

I don't think I was being too aggressive on the phone, but I must have explained my rights/the situation 20 times today and I'm starting to lose it abit!

 

Just to check, the admin email is where you want me to send it yes?

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Thanks. I won't be able to listen to it until the weekend, I think

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