Problem with Vodafone Upgrade

mc81

I upgraded my phone in February and signed a 24 month contract with Vodafone. I have been with them for over 6 years and have never had any major problems with them until now!!

I upgraded to a HTC ONE S phone and got this free on the plan i am on. I had the phone about 4 weeks when the wifi signal started dropping for no reason after a week it went completely so i returned to the store. The phone was sent away to the repair centre and i got it back over 2 weeks later with a notice saying they had replaced the logic board. I went home switched on phone and discovered that it still was not working. I rang Vodaphone technical help and after over an hour on the phone the girl agreed there seemed to be a fault with the handset. She advised me to ring HTC directly. I did this and spent over an hour on the phone to them only to be told go back to Vodafone! I returned to the store the following day and the phone was sent away AGAIN to the repair centre. 2 and half weeks later I get a call to say the phone has been returned, the logic board was replaced a second time! The phone worked for about 2 weeks and same problem again so I returned again to the store and explained to the assistant that i was not happy with this and there is obviously a fault with the phone and asked for a replacement. she agreed to send it away and as Vodafones policy is if a phone is sent away 3 times within 90 days i should be entitled to a replacement.

3 weeks later i get a call to say I have been given a replacement phone and to call in to the store to collect. Vodafone sent me a replacement phone but different to the original phone i had already. They were now offering me a HTC ONE SV!! I asked the assistant could i not get the same phone as i had already but supposedly "this phone has now been taken off the shelves". I asked the assistant to check what the difference was between these phones and the HTC ONE SV has half the memory and less megapixels than the HTC ONE S, so basically they have downgraded the phone. I refused to accept this and explained to the assistant the reason why, she advised that I contact Vodafone customer care and explain this to them and she would keep the phone in store for me until i get it resolved. Rang customer care and the fella i spoke to completely agreed with me and said i needed to write an email of complaint and i would get a response within 5 days. I did this last saturday and have heard nothing since. I rang customer care on Friday as I am so sick off this now and the girl i spoke to was less than helpful. I said if this was not resolved I would have to terminate my contract as I am not in a contract for the phone I had signed up for. she said I could terminate but would have to pay €400 for the phone (that I dont have!!). I refused and i admit got very angry at this stage and said I wanted a response from someone higher to her and have heard nothing!

So basically I am sitting here with no phone, a 24 month contract a bill of €59 for a phone i dont have!! I have got some advice and was told I am within my rights to refuse the replcement phone as it was not the same specifications and value of the original phone.

Anyone else had similiar experience or offer any advice as I really dont know where to go with this now!!

foggy_lad

Step two is to send an email to customer care and use the heading "Formal Complaint" outlining all that has happened so far and stating that you will not accept a phone of inferior specification to the faulty one.

STEP ONE is to return to the store where you bought the phone and insist they deal with you as they are the only people legally obliged to sort this out for you.

Tell them you now require a refund of the price of the phone and also to be released from the contract without penalty as the handset which ties you into the contract has been returned.

If they don't do this then you will have to take your chances with step two and their customer care(best of luck) or you can go to the small claims court to have your day in court and hopefully get this sorted. The judge may see things in your favour as you appear to have acted reasonably up to now.

wmpdd3

I think the small claims court is out as the price you paid for the phone was zero, so your refund would be for zero. Its an odd situation as usually if the repair and replacement has not satisfied both parties, refund is the next stop.

I think you should not have to accept the one sv, but is there another phone you'd like? If so complain and ask for this phone.

LowKeyReturn

wmpdd3 wrote: »

I think the small claims court is out as the price you paid for the phone was zero, so your refund would be for zero. Its an odd situation as usually if the repair and replacement has not satisfied both parties, refund is the next stop.

I think you should not have to accept the one sv, but is there another phone you'd like? If so complain and ask for this phone.

A small correction if I may? The SmCC powers are more wide ranging than refunds. It is worth the OP progressing a claim after all other avenues are exhusted (comreg etc.). Alternatively if the OP is very sure of their position and has proof, simply stop paying the contract and leave them with the phone.

When the inevitable call is made ref court, sound delighted and say "can't wait see you there! I'm bringing my local paper."

JimsAlterEgo

wmpdd3 wrote: »

I think the small claims court is out as the price you paid for the phone was zero, so your refund would be for zero. Its an odd situation as usually if the repair and replacement has not satisfied both parties, refund is the next stop.

I think you should not have to accept the one sv, but is there another phone you'd like? If so complain and ask for this phone.

also add for some credit to be added to your acocunt

foggy_lad

JimsAlterEgo wrote: »

also add for some credit to be added to your acocunt

With the small claims court you may only claim for actual losses.

JimsAlterEgo

foggy_lad wrote: »

With the small claims court you may only claim for actual losses.

I was more referring to the 2nd part of your post where you said the OP shouls accept the offered phone

mc81

I have been in contact with the agent i bought the phone from and they are contacting Vodafone on my behalf to see if they will give me a replacement with the same specifications as the other phone. It may be a different make or brand but I am hoping and would be happy if they could give me the HTC One as i see they have an offer on now that it is free on the same tariff i am on!

If this dosen't work out, i will send a formal complaint and issue a copy to COMREG.

Fingers Crossed but i am so fed up at this stage!

mc81

UPDATE: Got a call today from the store assistant, I was offered a Samsung Galaxy Express which is basically the same specs as the HTC ONE SV. She refused it on my behalf and explained that I would not be happy to be offered this, so they have now offered me a HTC ONE X PLUS as a replacement which I am very happy with.

Hoping this is the end off my nightmare with phone!

thanks for all the advice guys,much appreciated!x