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Vodafone Contract

  • 27-01-2009 3:16pm
    #1
    Registered Users, Registered Users 2 Posts: 393 ✭✭


    Hi all, I am currently with vodafone bill pay and my contract is up next month and thinking of changing provider, was on to customer care and they say they need 28 days notice and a termination fee which is the price of my monthly plan is this right, any one any ideas or have come across this before, thanks in advance.


Comments

  • Registered Users, Registered Users 2 Posts: 21,611 ✭✭✭✭Sam Vimes


    Dermondo wrote: »
    Hi all, I am currently with vodafone bill pay and my contract is up next month and thinking of changing provider, was on to customer care and they say they need 28 days notice and a termination fee which is the price of my monthly plan is this right, any one any ideas or have come across this before, thanks in advance.

    they need 28 days or a termination fee of 1 months (pretty much 28 days) rental


  • Registered Users, Registered Users 2 Posts: 822 ✭✭✭SEORG


    I have come across this before. I was porting from vodafone to 3 and they were looked for one months rental fee. There is actually a clause in the vodafone contract saying that if you are out of contract you do not need to pay any fee. (Sorry I can't remember the number).

    I rang customer service and they tried to fob me off, I demanded to speak to someone in a senior position there and eventually what happened is that they credited my account with one months rental and then took it back out so I did not have to pay a cent.


  • Registered Users, Registered Users 2 Posts: 21,611 ✭✭✭✭Sam Vimes


    i think you may have been fobbed off because you're talking about a clause that, unless i'm very much mistaken, doesn't exist. Can you show me the clause? The full t&c are on the vodafone site


  • Registered Users, Registered Users 2 Posts: 822 ✭✭✭SEORG


    Sam Vimes wrote: »
    i think you may have been fobbed off because you're talking about a clause that, unless i'm very much mistaken, doesn't exist. Can you show me the clause? The full t&c are on the vodafone site

    5.2 This Contract may be terminated by either party giving to the other at least 28 days written notice or, in the case of porting, on the completion of the porting process.


  • Registered Users, Registered Users 2 Posts: 21,611 ✭✭✭✭Sam Vimes


    SEORG wrote: »
    5.2 This Contract may be terminated by either party giving to the other at least 28 days written notice or, in the case of porting, on the completion of the porting process.

    that doesn't say anything about being out of contract :confused: it says you have to give 28 days notice as i always believed to be the case.

    you either have to tell them you're leaving and then wait 28 days or leave immediately and pay for the 28 days that you were supposed to give. if you port, you still have to pay. what gave you the idea it said that you didn't have to give notice if you were out of contract?


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  • Registered Users, Registered Users 2 Posts: 822 ✭✭✭SEORG


    Sam Vimes wrote: »
    that doesn't say anything about being out of contract :confused: it says you have to give 28 days notice as i always believed to be the case.

    you either have to tell them you're leaving and then wait 28 days or leave immediately and pay for the 28 days that you were supposed to give. if you port, you still have to pay. what gave you the idea it said that you didn't have to give notice if you were out of contract?

    Read the statement and use the punctuation. It says that the contract can be terminated by either party by giving 28 days notice or, in the case of porting, when the porting process in complete.

    Nowhere does it say that if you port to another network that you have to pay them any fee to leave. (If you are still in contract with them then of course you will have to pay some fee). I was out of contract so I didn't see why I should have to.

    I see what you mean about it not saying if you are out of contract but it should not matter with the statement above.

    This is the argument that I put to them and the result of my correspondence with them was that I did not have to pay a fee or give 28 days notice.


  • Registered Users, Registered Users 2 Posts: 21,611 ✭✭✭✭Sam Vimes


    SEORG wrote: »
    Read the statement and use the punctuation. It says that the contract can be terminated by either party by giving 28 days notice or, in the case of porting, when the porting process in complete.

    Nowhere does it say that if you port to another network that you have to pay them any fee to leave. (If you are still in contract with them then of course you will have to pay some fee). I was out of contract so I didn't see why I should have to.

    I see what you mean about it not saying if you are out of contract but it should not matter with the statement above.

    This is the argument that I put to them and the result of my correspondence with them was that I did not have to pay a fee or give 28 days notice.

    the statement doesn't make any distinction about whether you're out of contract or not and the part you bolded doesn't say anything about having to pay a fee. but you obviously have to pay a fee if you're in contract so that statement does not excuse you from any money that you might owe vodafone, eg a 28 day termination fee, no?

    imo all the statement means is that you don't actually have to stay on the network for the 28 days if you port

    also the fact that they let you off doesn't mean your interpretation is correct, sometimes it's just easier to let the few euro go


  • Registered Users, Registered Users 2 Posts: 21,611 ✭✭✭✭Sam Vimes


    and the fact that they tried to charge you in the first place would say to me that their interpretation of it is different. you'd think they'd have a better understanding of their own t&c than you might?


  • Registered Users, Registered Users 2 Posts: 822 ✭✭✭SEORG


    Sam Vimes wrote: »
    the statement doesn't make any distinction about whether you're out of contract or not and the part you bolded doesn't say anything about having to pay a fee. but you obviously have to pay a fee if you're in contract so that statement does not excuse you from any money that you might owe vodafone, eg a 28 day termination fee, no?

    I agree, if you are still within your contract period you have to pay a fee to terminate the contract. I was out of my contract period so why should I have to pay a termination fee? If I paid up to when I was using the network I should not have to pay anything else as I am porting.
    imo all the statement means is that you don't actually have to stay on the network for the 28 days if you port

    also the fact that they let you off doesn't mean your interpretation is correct, sometimes it's just easier to let the few euro go

    We will have to agree to disagree then. I just don't see why I should have to pay for the privilege to leave a network when I am not legally bound to stay with them. My situation was sorted.

    I think sometimes you just have to stick to your guns instead of accepting something just because someone in a call center says so. Maybe they let me off because after listing to my argument they thought they were wrong also :D


  • Registered Users, Registered Users 2 Posts: 822 ✭✭✭SEORG


    Sam Vimes wrote: »
    and the fact that they tried to charge you in the first place would say to me that their interpretation of it is different.

    or maybe it is because nobody questioned it before after they were told by the service agent that they had to pay and just gave the 28 day notice.

    you'd think they'd have a better understanding of their own t&c than you might?

    yes I would expect them to have a better understanding of their t&c, but I still didn't have to pay a fee to leave


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  • Registered Users, Registered Users 2 Posts: 21,611 ✭✭✭✭Sam Vimes


    SEORG wrote: »
    I agree, if you are still within your contract period you have to pay a fee to terminate the contract. I was out of my contract period so why should I have to pay a termination fee? If I paid up to when I was using the network I should not have to pay anything else as I am porting.



    We will have to agree to disagree then. I just don't see why I should have to pay for the privilege to leave a network when I am not legally bound to stay with them. My situation was sorted.

    I think sometimes you just have to stick to your guns instead of accepting something just because someone in a call center says so. Maybe they let me off because after listing to my argument they thought they were wrong also :D

    asking "why should i have to?" is a different argument. the reason you should have to is that that's what you agreed to when you signed the contract and it's a policy followed by every network in the country. you thought that the part you quoted allowed you to get out without paying but it actually didn't i'm afraid

    and tbh i doubt the agent thought he was wrong since it was probably his 10th call with exactly the same complaint that week. it happens all the time


  • Registered Users, Registered Users 2 Posts: 21,611 ✭✭✭✭Sam Vimes


    SEORG wrote: »
    or maybe it is because nobody questioned it before after they were told by the service agent that they had to pay and just gave the 28 day notice.

    well it clearly doesn't say what you claim it says so i doubt that's the reason :pac:


  • Registered Users, Registered Users 2 Posts: 21,611 ✭✭✭✭Sam Vimes


    here's a thread from 2006 with exactly the same title and problem as yours:
    http://boards.ie/vbulletin/showthread.php?t=2054953707

    i think they've heard the issue before ;)


  • Registered Users, Registered Users 2 Posts: 822 ✭✭✭SEORG


    removed by SEORG


  • Registered Users, Registered Users 2 Posts: 822 ✭✭✭SEORG


    your contract is for a year and the T&C's apply to that. Once that is up there is no way that Vodafone can enforce the 28 day rule as you don't have a contract with them only a billing arrangement.
    I changed from Vodafone to Meteor last year, and I was out of contract with Vodafone. I rang up Vodafone and there were no issues with changing, no need for notice. They sorted out a last bill and I ported with no probs.
    I moved from 02 to vodafone last year, still had a month to go on my 02 contract but they never followed me up for it, just sent out final bill for calls to date of cancel. Did get a call asking why I moved and all sorts of offers but I didn't take them up on it, guess they don't want to hassel too much in case in future you might look at returning to them.

    I work for one of the networks retail stores, all you do is come in with the correct id and we do everything for you, it's the same with all networks. You don't have to inform your current network, the network you are moving to will organise everything from that end. You'll get a final bill from your current network for calls from your last bill up until you move networks, just be careful you are out of contract, as they may well bill you for any months left in your contract (I once saw someone port out after two months with a certain network and then get a massive bill).

    Are these posts not backing up what I have been saying?


  • Registered Users, Registered Users 2 Posts: 1,801 ✭✭✭Ah-Watch


    If you're porting from vodafone when you are out of contract you wont have to pay any fee or give any notice at all(provided your out of contract) What Network are you moving to OP and why? Sorry that sounds rude but I'm only asking


  • Registered Users, Registered Users 2 Posts: 822 ✭✭✭SEORG


    Sam Vimes wrote: »
    and tbh i doubt the agent thought he was wrong since it was probably his 10th call with exactly the same complaint that week. it happens all the time

    I take it you are an agent then? (I apologise if i presume wrong), Read my original post, it was not the agent who resolved my issue.


  • Registered Users, Registered Users 2 Posts: 21,611 ✭✭✭✭Sam Vimes


    SEORG wrote: »
    Are these posts not backing up what I have been saying?

    the first person is quite cleary talking out his arse (you don't have a contract just a billing arrangement wtf!?), the second person is only saying he wasn't made to wait, the third person was most likely in credit because when he started he paid a month in advance, also the fact that one person on a different network might not have been correctly charged doesn't mean it's vodafone's policy and the last person is just saying you can move immediately and even warns you about charges


    so......no :)


  • Registered Users, Registered Users 2 Posts: 21,611 ✭✭✭✭Sam Vimes


    SEORG wrote: »
    I take it you are an agent then? (I apologise if i presume wrong), Read my original post, it was not the agent who resolved my issue.

    no i'm not an agent. the reason i know it happens all the time is that there are always threads about it
    Ah-Watch wrote: »
    If you're porting from vodafone when you are out of contract you wont have to pay any fee or give any notice at all(provided your out of contract) What Network are you moving to OP and why? Sorry that sounds rude but I'm only asking

    yeah ya do :confused: you have to either give or pay a months with all the networks and most contracts (eg gym contracts)


  • Moderators, Science, Health & Environment Moderators Posts: 23,243 Mod ✭✭✭✭godtabh


    Sam Vimes wrote: »
    t

    he first person is quite cleary talking out his arse (you don't have a contract just a billing arrangement wtf!?),



    You sign a 12 mothn contract. In the 13th month you dont have a contract but you use the service and pay for it


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  • Registered Users, Registered Users 2 Posts: 822 ✭✭✭SEORG


    Ok, listen. I posted to tell the OP what my previous experience was when porting from the vodafone network to 3.

    From my previous experience, if his/her contract has expired they do not have to pay to port to another network.
    The customer service agent told me I had to but I asked to speak to a superior or a manager. When this person contacted me, I queried the payment and after speaking to them I did not have to make any payment or give 28 days notice.

    End of. Please try to accept this.


  • Registered Users, Registered Users 2 Posts: 21,611 ✭✭✭✭Sam Vimes


    SEORG wrote: »
    Ok, listen. I posted to tell the OP what my previous experience was when porting from the vodafone network to 3.

    From my previous experience, if his/her contract has expired they do not have to pay to port to another network.
    The customer service agent told me I had to but I asked to speak to a superior or a manager. When this person contacted me, I queried the payment and after speaking to them I did not have to make any payment or give 28 days notice.

    End of. Please try to accept this.

    we've accepted this. i'm basically just trying to make life easier for customer care by explaining that an exception was made in your case and really you should have had to pay. if i don't point it out they'll be hounded by anyone who's read this thread demanding stuff they're not entitled to


  • Registered Users, Registered Users 2 Posts: 21,611 ✭✭✭✭Sam Vimes


    kearnsr wrote: »
    You sign a 12 mothn contract. In the 13th month you dont have a contract but you use the service and pay for it

    actually you're right i misread that :P

    but still his use of the term "billing arrangement" is wrong. you may not be in a fixed term anymore but you're still bound by the terms of the contract


  • Registered Users, Registered Users 2 Posts: 1,801 ✭✭✭Ah-Watch


    Sam Vimes wrote: »
    yeah ya do :confused: you have to either give or pay a months with all the networks and most contracts (eg gym contracts)


    I'm sorry if I have it wrong but take for example your billing date is the 21st feb, you're already out of contract, if you port out on the 19th of feb you're not charged the month of march are you? sorry if i have that wrong, but that was my understanding... and obviously if you're using the service you'll be paying for it for that month!


  • Registered Users, Registered Users 2 Posts: 21,611 ✭✭✭✭Sam Vimes


    Ah-Watch wrote: »
    I'm sorry if I have it wrong but take for example your billing date is the 21st feb, you're already out of contract, if you port out on the 19th of feb you're not charged the month of march are you? sorry if i have that wrong, but that was my understanding... and obviously if you're using the service you'll be paying for it for that month!

    My understanding of the way it works is that you have to give a months notice when you leave so if you want to leave penalty free on feb 20th you have to give notice on jan 20th. It's what i had to do when leaving 3 and it's what i always thought to be the case


  • Registered Users, Registered Users 2 Posts: 1,801 ✭✭✭Ah-Watch


    Sam Vimes wrote: »
    My understanding of the way it works is that you have to give a months notice when you leave so if you want to leave penalty free on feb 20th you have to give notice on jan 20th. It's what i had to do when leaving 3 and it's what i always thought to be the case
    okay i'll go with vimes on this one cos he'll nearly always right!!!:L I need to ring vodafone later as I can't register my phone for some reason, i'll ask them then and I'll post the reply I get back from them:)


  • Registered Users, Registered Users 2 Posts: 21,611 ✭✭✭✭Sam Vimes


    Ah-Watch wrote: »
    okay i'll go with vimes on this one cos he'll nearly always right!!!:L I need to ring vodafone later as I can't register my phone for some reason, i'll ask them then and I'll post the reply I get back from them:)

    Nearly :mad: i resemble that :pac:


  • Registered Users, Registered Users 2 Posts: 4,739 ✭✭✭nava


    Hi

    here is what happened to me.

    My billing day was always around the 10th of the month, I ported on the 5th of the month without giving any notice, around the 15th I got my bill that included the full months rental (in advance) plus a few extra charges. I called CS a few times and every time they said the same as to OP, I explained to them a few time I was out of contract and did not have to give 28 notice, after a few calls and getting no actions I asked for a manager, he started to say the same I needed 28 days notice to move out, I asked him to point out to me were that was in their site, he pointed me to the online T&C's/Contract, explained to him that contract was over by a few weeks/months so that the contract wasn't for me. He said he needed to investigate and called me back the next day to agree with me, I asked for a corrected but he said that I did not have to pay for the owned money even for the extra calls as a courtesy on their part because all the calls I made.
    Never got another bill from them and that was about 5 months ago.


  • Registered Users, Registered Users 2 Posts: 21,611 ✭✭✭✭Sam Vimes


    i have no doubt that happened nava and if someone calls up and fights hard enough about it vodafone will most likely let them off because it'll cost them more to fight it but it's still written in the contract that you're supposed to pay it


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  • Registered Users, Registered Users 2 Posts: 393 ✭✭Dermondo


    Ok seemed to have kicked off something here, but I have been on to another agent in customer care & they say that if your out of contract you don't have to give 28 days notice just go to your new provider bring your bills etc.. and they do the rest simple as in theory maybe, just another thing my current phone was locked and not that tech minded so brought in to the local vodafone shop and they unblocked it, I thought they might ask questions or something but nothing maybe it's just suspisious me.


  • Registered Users, Registered Users 2 Posts: 21,611 ✭✭✭✭Sam Vimes


    Dermondo wrote: »
    Ok seemed to have kicked off something here, but I have been on to another agent in customer care & they say that if your out of contract you don't have to give 28 days notice just go to your new provider bring your bills etc.. and they do the rest simple as in theory maybe,

    what they said is technically correct. you don't have to give 28 days notice in that you can port on that very day but when they said "they do the rest", the rest includes paying the 1 month termination fee which your last bill from them will include


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