I think I have a case

FoxT

I bought a phone on a contract from vodafone, over a year ago.
After the contract had expired, I decided to move to another carrier (Meteor).

I got a new SIM card, registered it on the Meteor website, then phoned both Meteor and Vodafoneto ensure that I did not need to do anything else.
Both Meteor & vodafone reps. told me on the phone that all was in order, and I had nothing further to do.

The following day, my vodafone SIM was disabled - but the meteor one would not work.
It was at this point I discovered my phone was locked by Vodafone & would not work on any other network.

Multiple phone calls & emails, and 1 letter of complaint later, I finally got the unlock code.
It took 16 days.

The unlock code was sent to the disabled phone, even though I had given vodafone an alternative number to
send it to.


I have the following issues which I plan to pursue in the small claims court:


ISSUES
1 - Merchantable quality
The phone was of merchantable quality but limitations not described properly
(ie no mention that phone was locked at time of purchase )


2 - Service not properly provided


- When I contacted Vodafone regarding the switch I was told that all was in order - but the phone was locked.
- the unlock code was sent to a phone that could not access it, even though I provided an alternative phone
no. to send it to.
- It took 16 days to receive the unlock code.

- Phone carriers have obligation to deliver network change / number portability on the following working day
- but it took took 16 calendar days

3 - Vodafone should have the appropriate skills to provide service

- It appears that they do not - see blunders & misinformation above.

DAMAGE DONE
- Phone number inaccessible for 16 days
- inconvenience
- about 4 hours of my personal time spent trying to contact vodafone, resolve the problem, etc.

COMPENSATION
I think eu200 would be a reasonable starting point here.


======================

I am not particularly looking for money, but I do think that Vodafone failed
to deliver the service properly. (Part of the service is that I can change networks once contract is up).
Having failed to deliver the service, they took 16 days to fix the problem & in the meantime offered no assistance to keep my phone operational.



**I have read the charter, I am NOT looking for legal advice, and, indeed, shall not regard anything said on this thread as such**

BUT - I am interested in your opinions/reaction to the above.

Thanks,

-FoxT

Paulw

Small claims court doesn't do compensation. So, you are stopped already.

As for your points - almost all phones are subsidised by the operators, so are locked to the network. I'm surprised you weren't aware of that. If you bought just the handset, you would have paid full price, and the phone would not be locked.

Of course, through the vodafone.ie website you have the ability to unlock the phone at any stage.

Porting did only take 24 hours. It's just that you had no handset to use your ported number on. There is no set timeframe for unlocking a phone.

Vodafone, as an organisation, do have the skills needed. However, one person does not have the ability to do all the tasks. The requests are input in to the system and then assigned or done by scheduled system jobs (such as porting, sending the unlock code, etc).

But, even through it all, you can't file a case with the small claims court.

FoxT

Hi Paul, Thanks for your reply. My understanding that the Small Claims court handles 'Claims' up to eu2000. What is the difference between a 'claim' and 'compensation'?

==========
I should add, that I have no interest in money at this stage. For me, that is not what it is about, at all.

Cheers,
FoxT

Peanut2011

Sorry OP but as much as you would like someone to blame for the inconvenience, everyone knows that the phones you get trough contract are locket to that network.

You really have not got any case here and I think you just need to get over it and move on.

But than again you could go after them and lose money as well.

Paulw

http://www.courts.ie/courts.ie/library3.nsf/pagecurrentweblookuptopnav/small%20claims%20procedure

The claim would be for payment of a service which was not provided to you. Since you left Vodafone, they were not providing phone service to you. You had ported to Meteor and they were providing the service, but due to your lack of handset you were unable to use it. So, you have no claim for a service which was not provided.

You are seeking compensation for time and inconvenience which would not be entertained.

FoxT

Peanut2011 wrote: »

Sorry OP but as much as you would like someone to blame for the inconvenience, everyone knows that the phones you get trough contract are locket to that network.

You really have not got any case here and I think you just need to get over it and move on.

But than again you could go after them and lose money as well.

The bolded part of your post is untrue.
I did not know that my phone was locked.My phone was 4 months out of contract. I phoned Voda immediatelay after making the change, they told me all was OK.

I am not looking for somebody to blame. I think all consumers deserve better.

Procrastastudy

FoxT wrote: »

The bolded part of your post is untrue.
I did not know that my phone was locked.My phone was 4 months out of contract. I phoned Voda immediatelay after making the change, they told me all was OK.

I am not looking for somebody to blame. I think all consumers deserve better.

Your complaint seems to be one for Comreg rather than the courts.