Vodafone at Home - Contract Question

damoz

I signed up to Vodafone in Feb 2012. I changed my download allowance from 30GB to 300GB in June 2012. I wanted to switch to Sky recently, but Vodafone informed me my contract runs to June 2013 and not Feb as i thought.

So does changing the dl allowance constitute a new contract? I cant find it in T&C anywhere. Any help appreciated. If it does, then the switch to Sky is not really viable due to the buy out of Vodafone contract. (48 euro x 5 months)

damoz

noone can help?

Vico1612

damoz wrote: »

noone can help?

Ask the Vodafone reps
http://www.boards.ie/ttforum/1270

Was reading that a member go stuck with this , maybe in Voda forum ...

cookie1977

damoz wrote: »

I signed up to Vodafone in Feb 2012. I changed my download allowance from 30GB to 300GB in June 2012. I wanted to switch to Sky recently, but Vodafone informed me my contract runs to June 2013 and not Feb as i thought.

So does changing the dl allowance constitute a new contract? I cant find it in T&C anywhere. Any help appreciated. If it does, then the switch to Sky is not really viable due to the buy out of Vodafone contract. (48 euro x 5 months)

By changing the download allowance you changed the contract so it resulted in a contract extension. It would be pretty standard by most companies.

dub45

cookie1977 wrote: »

By changing the download allowance you changed the contract so it resulted in a contract extension. It would be pretty standard by most companies.

Surely if a customer is making any change which requires the extension of a contract they should be clearly advised of this before the change is made?

RobertFoster

How did you change you download allowance? Online/over the phone?

cookie1977

dub45 wrote: »

Surely if a customer is making any change which requires the extension of a contract they should be clearly advised of this before the change is made?

Absolutely. Standard practice would be to send out a letter confirming change to allowance and contract extension

leinsterdude

you were advised verbally, as was I for exact same....sorry dude.

Claregirl

Heya! I had a similar issue with Eircom and got some advice from the legal threads.

Basically it's my understanding they need to inform you that you are entering a new contract and verbally agree to it. They also need to send you confirmation in writing.

Ask for a recording of the call where you agreed to a new contract and also ask them to confirm when the terms and conditions for the new contract were issued to you. Also mention that you will also be escalating /invoking the official complaint procedures and referring to comreg if you're not satisfied with their response.

Worked for me (slightly different circumstances was aware of verbal contract but wrote to cancel the following day). Best of luck

dub45

leinsterdude wrote: »

you were advised verbally, as was I for exact same....sorry dude.

And how can you know what transpired in any conversation that you weren't party to?

Marsman

Be very wary in your phone conversations with Vodafone. You could be in a "re-contract" for another 12 months for a meaningless "upgrade" you did not even ask for!
In my case I got a call from a sales agent, gave me a few euro off monthly charge, some extra free minutes to USA/Canada for six months, i did not need to sign anything and i just said "that's grand" and could stay for another 12 months.
There was NO follow up in writing by e-mail or post and no mention of a "cooling off" period. I forgot all about this call which was to my mobile in a busy canteen. Some months later, as the BB was getting worse and worse I switched over to UPC. Vodafone never reminded me or UPC about this contract at the time of the switch over, just let it go through!
Now they want about 300 euro for cancelling this "contract".

cookie1977

Ask them for evidence that you agreed to a new contract. Ask them for the phone call evidence that you specifically were made aware you'd be in a new contract and that you agreed to this.

Cilar

Vodafone is doing EVERYTHING to extend the contract - they even have people calling customers to offer 'price guaranty' in exchange of a new 12-month contract.

I never fell into the trap, but because of these calls, I got suspicions that they would try to do the same if I asked to upgrade my broadband from 8 to 24mb - it is not obvious at all on their website (even when reading the small prints of their term and policies) that the contract term would be extended. So I checked here with Vodafone rep ... and guess what ... any change to your offering automatically extend the contract term (http://www.boards.ie/ttfthread/2056709257/1#post79879042).

I've never had issue with my connection with them over the past 2 years (albeit the price which is a bit high, but that's a generalized rip-off in Ireland from all internet providers), but trying to 'scam' customers in this way (even if that's technically legal) is the type of policy that definitely is not going to make customers loyal. I won't think twice to move when there are new offers on the market in the coming months.

Marsman

Just to follow up this saga they are now proceeding with legal action against me!
I understand this type of sales activity is known as "distance selling".
If so it's covered by strict EC regulations Directive 97/7/EC. One of the requirements is the service provider must confirm in writing all that has been agreed on the phone call. I guess it can be letter, e-mail, text or any "durable" record which the customer can hold and refer to later.
However, I get the distinct impression from Vodafone they need not give you any back up confirmation. You are expected to remember all the details of an uninvited sales call they make to you for up to 12 months!
Meanwhile they keep to themselves a recording of the sales call.
It took me four months to get the audio file and they still wanted to charge €6.35. Eventually, with the help of Comreg, they were forced to give me the audio file free.
I have now taken up the case with the National Consumer Agency.
By the way, Comreg informed me they have no function concerning verbal contracts carried out by phone. They say this is a Legal matter.
Meanwhile, lets hope I can stay out of jail!:

irishgeo

Marsman wrote: »

Just to follow up this saga they are now proceeding with legal action against me!
I understand this type of sales activity is known as "distance selling".
If so it's covered by strict EC regulations Directive 97/7/EC. One of the requirements is the service provider must confirm in writing all that has been agreed on the phone call. I guess it can be letter, e-mail, text or any "durable" record which the customer can hold and refer to later.
However, I get the distinct impression from Vodafone they need not give you any back up confirmation. You are expected to remember all the details of an uninvited sales call they make to you for up to 12 months!
Meanwhile they keep to themselves a recording of the sales call.
It took me four months to get the audio file and they still wanted to charge €6.35. Eventually, with the help of Comreg, they were forced to give me the audio file free.
I have now taken up the case with the National Consumer Agency.
By the way, Comreg informed me they have no function concerning verbal contracts carried out by phone. They say this is a Legal matter.
Meanwhile, lets hope I can stay out of jail!:

You can't go to jail. They can only get a judgement against you.

cookie1977

Marsman wrote: »

Just to follow up this saga they are now proceeding with legal action against me!
I understand this type of sales activity is known as "distance selling".
If so it's covered by strict EC regulations Directive 97/7/EC. One of the requirements is the service provider must confirm in writing all that has been agreed on the phone call. I guess it can be letter, e-mail, text or any "durable" record which the customer can hold and refer to later.
However, I get the distinct impression from Vodafone they need not give you any back up confirmation. You are expected to remember all the details of an uninvited sales call they make to you for up to 12 months!
Meanwhile they keep to themselves a recording of the sales call.
It took me four months to get the audio file and they still wanted to charge €6.35. Eventually, with the help of Comreg, they were forced to give me the audio file free.
I have now taken up the case with the National Consumer Agency.
By the way, Comreg informed me they have no function concerning verbal contracts carried out by phone. They say this is a Legal matter.
Meanwhile, lets hope I can stay out of jail!:

They're highly unlikely to be taking you to court for 300euro.

hairyairyfairy

Marsman wrote: »

It took me four months to get the audio file and they still wanted to charge €6.35. Eventually, with the help of Comreg, they were forced to give me the audio file free.!:

So did you get an actual copy of the sales call between you and the rep?? and from what department within Vodafone did it come from?

Marsman

Yes, I eventually got a copy via Comreg without paying the 6.35 fee.
Its available from dataprotecion.ie@vodafone.com.
Its a bit of a "sham" though not what I would consider would stand up legally in a court.

hairyairyfairy

so to clarify
you got a copy of the actual phone conversation where the rep calls you and offers you x, y & z?

(YEARS later and I still CAN'T get a copy of my contract, and data protection officer has also ignored my data request, which is now being appealed to the Data Protection Commissioner)

That's how much Vodafone do not want to give me the info!!!

how did the National Consumer Agency assist?
They told me they could do nothing eventhough I am an individual not a company?

Marsman

Hello hairyairyfairy,

Yes, I did get the recording. As I said,I believe it would not hold water legally.
National Consumer agency did confirm this does come under "distance selling" regulations. I am waiting for their response and will keep you posted.

Yawns

Ask them if they are charging you vat on the cancellation fees.

Marsman

Hello Yawns,
No, I was not charged vat. Cancellation charges appear to be one of the few items left free of vat.:rolleyes:

Yawns

Pity. Eircom was charging vat on cancellation fees despite it not being required. They couldn't remove the vat from the fee on the system so when questioned about it, they usually dropped the charge completely. They weren't pocketing the vat, they did indeed pass it on to revenue, but cancellation fees are not liable to vat as it's cancelling a service instead of carrying it out.

damoz

Just to follow up on mine... i did switch to Sky and its been great service wise. I was out of the country recently, and just got back - a letter from Vodafone looking for their "contract termination" money and a threat to pass it to a debt collection agency. I have never heard from them at all since i asked to get a recording of the call in June 2012 where i allegedly got a new 12 month contract. I will try again to get this and see how it goes.

hairyairyfairy

Go on for the craic

see if you can get the recording and if they don't give it to you, remind them that they are legally obliged to keep a copy of the recording as the account was in dispute and let us know what happens