Vodafone issue might have a way out.

BobbieBerto

Long story short I've had issues with my phone, its been repaired four times, three for the same fault. Have requested a new phone but have been denied.
Tried all the usual avenues of complaint.

Now I've just been offered an early upgrade on their phone support, If I accept this I will enter a new contract with Vodafone and also a 14 day cooling off period.

My question is if I cancel in this cooling off period without using the new phone will I be out of contract with Vodafone or would it revert back to original contract somehow?
Thanks.

L1011

I would expect it to revert to the original contract.

Your next method would be small claims but it will take 8 weeks plus. Phone networks rarely turn up to defend cases.

seagull

What reason are they giving for not replacing the phone given that it's been sent for repair 4 times? I know they try their repair 3 times BS in blatant disregard of consumer law, but you've already gone past that.

BobbieBerto

That's the line they are giving, on all forms of communication, as far as they're concerned they've kept up the side by repairing the phone and dont have to offer a replacement. All avenues on boards and facebook have been closed to me.

Currently escalated on their helpline waiting for a call back to get a complaint reference number. Have been offered an early upgrade as recompense but not spending another two years with them.

Small claims court is the only viable option left. They are good at making you jump through hoops, the local store manager even gave me a fake email support address and said that was the only way to deal with the situation!

njs030

Can you explain what the problem is a little more clearly please?
The phone has been repaired 3 times for the same fault and once for a different fault.

Is it now broken again? And if so is it for one of the above faults or a new one?

Or for what reason do you want a replacement?

njs030

I just had a look at your conversation with Vodafone, from what I can gather they want to send it off to the repair centre (which is the place that decides about replacements) and you're refusing to allow that and demanding the store manager gives a replacement then and there.
Is that correct?

If so then unfortunately they do have a right to inspect the phone and make sure the damage is a manufacturing fault and/or the same fault as the previous one before giving a replacement.

BobbieBerto

@notjustsweet "Is it now broken again? And if so is it for one of the above faults or a new one?"
Yes it has been sent again for repair, for same as previous fault.

"Or for what reason do you want a replacement?"
The phone is not fit for purpose, I'm paying for a service at the equipment is clearly faulty.

"and you're refusing to allow that and demanding the store manager gives a replacement then and there"
I was demanding nothing, I am requesting a replacement. I requested a replacement to the repair center on the previous repair as well and they sent back the same phone with the same fault.
I had to allow the repair as I need a phone for work and that was the only way to get a loan phone. And as you say for the repair center to find a fault.

njs030

BobbieBerto wrote: »

@notjustsweet "Is it now broken again? And if so is it for one of the above faults or a new one?"
Yes it has been sent again for repair, for same as previous fault.

"Or for what reason do you want a replacement?"
The phone is not fit for purpose, I'm paying for a service at the equipment is clearly faulty.

"and you're refusing to allow that and demanding the store manager gives a replacement then and there"
I was demanding nothing, I am requesting a replacement. I requested a replacement to the repair center on the previous repair as well and they sent back the same phone with the same fault.
I had to allow the repair as I need a phone for work and that was the only way to get a loan phone. And as you say for the repair center to find a fault.

I was trying to clarify some points to help you not questioning you in disagreement, I asked you was it correct which you didn't quote!

They do have a right to send it off to be checked but they are legally only allowed one shot at repairing a manufacturers fault. After that it's repair or replace.

So what was their reasoning for returning the phone unrepaired?
Is this the same phone from 2 years ago?

spookwoman

Similar thing happened to family member phone kept getting same fault and they refused to replace but the difference was they put him on the new contract without his permission. Memory serves me right they canceled the contract and wanted €800+ out of him because he canceled the new contract he did not sign up for. His argument was same the phone was not fit for purpose. Got it sorted in the end after getting onto the CEO on twitter

BobbieBerto

notjustsweet wrote: »

I was trying to clarify some points to help you not questioning you in disagreement, I asked you was it correct which you didn't quote!

They do have a right to send it off to be checked but they are legally only allowed one shot at repairing a manufacturers fault. After that it's repair or replace.

So what was their reasoning for returning the phone unrepaired?
Is this the same phone from 2 years ago?

Sorry! Didn't mean to make it like that.

Ye a rep asked me to quote the specific clause which says a repair must be permanent and that they have to replace the phone, saying their course of action is all above board.

It's a different phone I got 14 months ago, but the second time going through all of this, if all this happened within 12 months it'd be a different story. It's just so frustrating it's not like i'm asking for a brand new Iphone it's a mid range vodafone branded phone and all!

mdebets

BobbieBerto wrote: »

I had to allow the repair as I need a phone for work and that was the only way to get a loan phone.

Just to clarify this small (but important) point. Is this a work phone or your private phone?
If you bought it for work, it no longer falls under the consumer protection legislation, and only your contract and their T&Cs apply.

BobbieBerto

mdebets wrote: »

Just to clarify this small (but important) point. Is this a work phone or your private phone?
If you bought it for work, it no longer falls under the consumer protection legislation, and only your contract and their T&Cs apply.

It's a personal phone, I just need to be contactable for work.

njs030

Op what is the reason they are sending it back unrepaired and not replacing it??


I've never heard of that for a manufacturing fault. Are they saying it doesn't exist or that it's physical damage or what is the reason for it not being repaired?

BobbieBerto

notjustsweet wrote: »

Op what is the reason they are sending it back unrepaired and not replacing it??


I've never heard of that for a manufacturing fault. Are they saying it doesn't exist or that it's physical damage or what is the reason for it not being repaired?

The note on the last repair indicated a part had been replaced and it was fixed. Brought the phone home and the same problem was there.
They just said its odd that should've been fixed, we'll have to send it again, again.

njs030

BobbieBerto wrote: »

The note on the last repair indicated a part had been replaced and it was fixed. Brought the phone home and the same problem was there.
They just said its odd that should've been fixed, we'll have to send it again, again.

Scc is your only option at this point unfortunately.

BobbieBerto

notjustsweet wrote: »

Scc is your only option at this point unfortunately.

Looking that way, thanks.