Where Do I Go From Here (Help Greatly Appreciated)

oo7

Hi,

18 months ago i got a call from Vodafone asking me if i wanted to upgrade to the new iPhone 5 when it came out.

The sales agent told me it would be €239 on a 24 month contract BUT then told me that if i paid an extra €10 a month i could upgrade my phone after 12 months, in which i agreed and accepted.

I phoned Vodafone 6 months ago (when 12 months had elapsed on my contract) with a view of upgrading my phone, however the sales agent this time told me i had 12 months remaining on my 24 month contract so i "could not upgrade my phone".

I explained that when i renewed my contract 12 months ago i had agreed to pay an extra amount so that i could avail of an upgrade after 12 months... the sales agent said she never heard of such a deal.

I called Vodafone back 3-4 times that week (6 months ago) and each time i was told there was no such deal... however i finally got through to someone who said there was a such a deal BUT you have to give your current phone back.

I explained that this was never mentioned to me when i signed up to the new contract and that i clearly would not have agreed to pay an extra €10 a month to avail of an upgrade after 12 months IF i had to hand my current phone back.

They said they would listen back on my original call to see if the sales agent explained it to me... 2 weeks passed and i phoned almost every second day looking for an update but got no reply. Finally after about 8 calls later over that 2 week period the Vodafone agent said that he had listened to the call and that the sales agent "did say that i had to hand the phone back".

I asked to hear the call and was informed that they did not have access to the call. I called several times again over another two week period trying to obtain a record of my call as i was adamant that this was never explained to me.

A fellow member on this forum kindly posted the address of Vodafone's internal Data Protection Officer, along with the steps required to obtain your data (voice call), which was listed on Vodafone's website, which also stated that the request could take up to 40 days to process.

I sent a letter to the listed address with all of the particulars, however 3 months elapsed and i did not receive a single reply or phone call.

I decided to contact the Data Protection Commissioner in Ireland. Within 7 days of contacting the Data Protection Commissioner, i received a call from Vodafone asking me how i would like to receive my data. (by email or by post).

I received my data (call recordings) for the requested period within a few minutes via email. I listened to the full 11 minute conversation that i had with the original sales agent and there was NOT one mention or even anything close to indicate that i had to give my phone back after the 12 months... so not only was i correct but Vodafone continued to lie call after call that they (several different agents at this stage) had listened to the call and that the sales agent did say that i had to give the phone back.

2 months ago, i sent another request to Vodafone to seeking a copy of all of the calls i had with them over the last 6 months, so that i could prove that they continuously lied to me and that my original argument was valid.

2 weeks elapsed and i had not received a reply, so i sent another request and emailed the lady who sent me the previous recordings. She replied to say she would look into it. Another 2 weeks elapsed and again no reply, so i requested them again. No reply. I then sent a rather significant email highlighting where this case was going.

I then received a call from Vodafone (the lady who sent me the other recordings) - "sorry but we can't seem to locate those recordings... we don't generally keep a record of those type of calls..." I explained how frustrated and furiated i was with the whole experience and that was the end of the call... which is where i am left today...

I truly can't believe the hardship and frustration that i've i experienced as a result of all of the above. At the end of the day I only called 6 months ago with a view of renewing / upgrading my phone... and instead they have put me through all of this hardship. I also reckon that my bills (€100+) are higher than the average Vodafone customer's bill, so i thought they would be eager to facilitate me.

I would GREATLY appreciate any help that anyone can give to me on all of the above as i really can't believe how Vodafone have handled this case. I am willing to go to the very end, regardless of costs to bring this to a close.

Thank you for reading, much appreciated.

Peregrinus

At this stage, what outcome do you want? To tell Vodafone to bugger off so that you can go to another provider who are not proven liars, or to get the upgrade you were originally looking for while keeping your old phone?

oo7

Hi, thanks for your reply.

I think it is gone well beyond a matter of just settling for termination of my contract or an upgrade (which i was entitled to 6 months ago).

I am not looking to gain in anyway specific as a result of the above, but i do want to make an example of Vodafone.

I am sure there are several other customers who have had similar experiences and just rolled over due to the hassle of it all, however i don't plan on giving up.

What should i be entitled to as a result of the above, if even anything at all, or is this a case of having to 'take it on the chin'? I don't believe that they can just get away with their actions or should i say lack of.

Any help greatly appreciated.

Peregrinus

You have already done what is probably the "most effective thing" you can do to make an example of Vodafone by posting the whole sorry saga here.

If you now take the matter to any ombudsman, court, tribunal, etc, the first question they will ask of you is, what exactly are you looking for? What can Vodafone do (or be made to do) that will resolve this matter? And until you have an answer to that question in your own mind, until you know what you want to achieve, it won't be possible to formulate a strategy for acheiving it.

What are you entitled to? Well, you were originally entitled to what you were promised, and what you paid €10 a month to get; the right to an upgrade after one year, without having to hand back your old phone.

They denied you that right at the time, and it took more than a year to resolve, by which time you would have been entitled to the upgrade even if you hadn't paid any extra amount at all.

So I suppose you could say that you paid €10 a month for a year - total €120, presumably - but did not get what you paid for. You're entitled to your €120 back (with interest, but the interest will obviously be a trivial amount). Plus, you'd like an apology. Plus, maybe, a gesture of goodwill, which would probably take the form of a modest credit against future Vodafone bills.

I don't see that you're entitled to much more than that. Yes, they're b*st*ards, but the mere fact that they are b*st*ards does not in itself entitle you to great wodges of money from them.

If I were you, I would proceed as follows:

1. Initiate a formal complaint with Vodafone. (They have a formal complaint procedure; all telecoms operators are required to.) Tell them that you want your €120 back, an apology and a compensatory gesture such as a free current model iPhone 5. You can ask for more, but the more you ask for, the less likely you are to get it.

2. Pursue the Vodafone complaint process to the end. It shouldn't take long.

3. If you're not satisfied with the outcome of that process, initiate a complaint with the regulator, at comreg.ie. I have to say that, while they might direct your €120 to be repaid, and recommend an apology as appropriate, they'er not likely to order gestures of goodwill like extra credit or a free phone. You may end up getting less out of this process than Vodafone offers out of its own process, but you'll have the satisfaction of having hassled Vodafone for longer, and of damaging, albeit modestly, their stats on complaints with comreg.

oo7

Thanks for your help, it's much appreciated.

I'll plan it out later. As i previously stated, i am not looking for a financial gain, however i would like to see Vodafone making a contribution to a charity as a result of the above or something along those lines, along with an apology.

I'll continue the case with the steps you've outlined above. Again, thanks for your help.

sillyoulfool

oo7 wrote: »

Hi,

18 months ago i got a call from Vodafone asking me if i wanted to upgrade to the new iPhone 5 when it came out.

The sales agent told me it would be €239 on a 24 month contract BUT then told me that if i paid an extra €10 a month i could upgrade my phone after 12 months, in which i agreed and accepted.

I phoned Vodafone 6 months ago (when 12 months had elapsed on my contract) with a view of upgrading my phone, however the sales agent this time told me i had 12 months remaining on my 24 month contract so i "could not upgrade my phone".

I explained that when i renewed my contract 12 months ago i had agreed to pay an extra amount so that i could avail of an upgrade after 12 months... the sales agent said she never heard of such a deal.

I called Vodafone back 3-4 times that week (6 months ago) and each time i was told there was no such deal... however i finally got through to someone who said there was a such a deal BUT you have to give your current phone back.

I explained that this was never mentioned to me when i signed up to the new contract and that i clearly would not have agreed to pay an extra €10 a month to avail of an upgrade after 12 months IF i had to hand my current phone back.

They said they would listen back on my original call to see if the sales agent explained it to me... 2 weeks passed and i phoned almost every second day looking for an update but got no reply. Finally after about 8 calls later over that 2 week period the Vodafone agent said that he had listened to the call and that the sales agent "did say that i had to hand the phone back".

I asked to hear the call and was informed that they did not have access to the call. I called several times again over another two week period trying to obtain a record of my call as i was adamant that this was never explained to me.

A fellow member on this forum kindly posted the address of Vodafone's internal Data Protection Officer, along with the steps required to obtain your data (voice call), which was listed on Vodafone's website, which also stated that the request could take up to 40 days to process.

I sent a letter to the listed address with all of the particulars, however 3 months elapsed and i did not receive a single reply or phone call.

I decided to contact the Data Protection Commissioner in Ireland. Within 7 days of contacting the Data Protection Commissioner, i received a call from Vodafone asking me how i would like to receive my data. (by email or by post).

I received my data (call recordings) for the requested period within a few minutes via email. I listened to the full 11 minute conversation that i had with the original sales agent and there was NOT one mention or even anything close to indicate that i had to give my phone back after the 12 months... so not only was i correct but Vodafone continued to lie call after call that they (several different agents at this stage) had listened to the call and that the sales agent did say that i had to give the phone back.

2 months ago, i sent another request to Vodafone to seeking a copy of all of the calls i had with them over the last 6 months, so that i could prove that they continuously lied to me and that my original argument was valid.

2 weeks elapsed and i had not received a reply, so i sent another request and emailed the lady who sent me the previous recordings. She replied to say she would look into it. Another 2 weeks elapsed and again no reply, so i requested them again. No reply. I then sent a rather significant email highlighting where this case was going.

I then received a call from Vodafone (the lady who sent me the other recordings) - "sorry but we can't seem to locate those recordings... we don't generally keep a record of those type of calls..." I explained how frustrated and furiated i was with the whole experience and that was the end of the call... which is where i am left today...

I truly can't believe the hardship and frustration that i've i experienced as a result of all of the above. At the end of the day I only called 6 months ago with a view of renewing / upgrading my phone... and instead they have put me through all of this hardship. I also reckon that my bills (€100+) are higher than the average Vodafone customer's bill, so i thought they would be eager to facilitate me.

I would GREATLY appreciate any help that anyone can give to me on all of the above as i really can't believe how Vodafone have handled this case. I am willing to go to the very end, regardless of costs to bring this to a close.

Thank you for reading, much appreciated.

Contact Comreg (The Communications Regulator) and make an official complaint.
That is what I had to do with Vodafone, It appears, based on my experience, that they seem to have an unofficial policy of not doing anything to resolve complaints until Comreg become involved.

hfallada

I would at least look for the €10 a month back. As any donation they make to charity is a tax write off for them. I would complain to them in writing explaining the whole entire story or email them so you have a proper record. And if they Dont address it bring them to the small claims court

oo7

Thanks guys.

I think i'll go direct to comreg as i've already explained the story to several different Vodafone personnel over at least 30 different phone calls, with various managers etc promising to ring me back, however i never received one phone call back from a manager.

I have exhausted all resources trying to settle the case with Vodafone, however each time, they either lie or throw a block in place, such as "we actually can't locate or don't have those recordings".

@sillyyoufool: were comreg useful? Is it a drawn out process or are they quite quick process the complaints? Do you mind me asking if and how your case was settled in the end?

Thanks again guys.

petes

Have you actually gone through their internal formal complaints procedure?

oo7

petes wrote: »

Have you actually gone through their internal formal complaints procedure?

No, i never knew there was one... and not one of the 30+ people that i explained my frustration to, suggested it either (i suppose, why would they).

Do you know how the process works, or where i even start... i can't imagine it being an area that the advertise on their website.

sopretty

I had a similar protracted saga with trying to cancel an Eircom contract, the ins and outs of which would annoy me too much to post.

However, you should proceed with the internal Vodafone complaints first, as Comreg can not become involved until you have exhausted that avenue first.

I had to do that on the advice of Comreg. Then I forwarded the result to Comreg. Comreg investigated and instructed Eircom.

I received a miserly cheque for 40 euros.

I went back to Comreg and they told me then that if I wished to pursue this further, I would need a solicitor and go that route.

Like you, I requested a list of all phonecalls I had made to Eircom. They told me that they don't keep a log of 1909 calls. I said, just send me my itemised phone bill then with a log of all calls I've made. Apparently lol, 1909 phonecalls don't appear on bills either. They sent me the itemised bills alright, minus the daily phonecalls to 1909!!!:mad:

I swear to God, I know how you are feeling. To be honest, if I had had the resources available to me, I would have pursued the buggers to the letter of the law, seeking damages for distress caused (if such a thing exists!) and full costs. Don't think you can do that though - maybe someone could advise you on that.

Honestly, I was tearing my hair out. I nearly had to go on Valium after every phonecall.

I feel your pain and I hope you DO pursue this as far as you possibly can!

Best of luck

sopretty

Oh and Comreg were extremely efficient and pleasant to deal with. They replied within a day I think. They explained the process and gave timelines etc.

sopretty

oo7 wrote: »

No, i never knew there was one... and not one of the 30+ people that i explained my frustration to, suggested it either (i suppose, why would they).

Do you know how the process works, or where i even start... i can't imagine it being an area that the advertise on their website.

If you can't find it on their website, email comreg. Comreg emailed me the address to send my complaint to within Eircom, as I didn't know I had to use that process first. Oh, and they also advised me to say in my complaint 'On the advice of Comreg, I wish to make a formal complaint....'

So yeah, maybe email Comreg first.

oo7

Thanks sopretty.

What annoys me most is how frustrated and angry this whole experience has made me. It has drove me insane. I am really suprised how much it has actually got to me.

I received the last call from Vodafone a few weeks ago (the "sorry we don't have a record of those calls") when i was just about to get on a plane for a few days away... it actually nearly ruined my holiday.

I will be pursuing this to the end as a result, as it has taken up too much of my time (and probably knocked about 10 years off my life :-(

sopretty

oo7 wrote: »

Thanks sopretty.

What annoys me most is how frustrated and angry this whole experience has made me. It has drove me insane. I am really suprised how much it has actually got to me.

I received the last call from Vodafone a few weeks ago (the "sorry we don't have a record of those calls") when i was just about to get on a plane for a few days away... it actually nearly ruined my holiday.

I will be pursuing this to the end as a result, as it has taken up too much of my time (and probably knocked about 10 years off my life :-(

Lol, believe me - I know EXACTLY HOW YOU'RE FEELING.

I was in recovery from alcoholism at the time and there was one day, where after being on the phone to them, on hold for about 20 minutes and being cut off every time I'd get through to someone and ask to be put through to their cancellation team and then they'd hang up lol. Rinse and repeat about 3 more times. So, a good hour and a half of my time. I had to be physically restrained from getting in the car and driving to the pub to get plastered!

I can joke about it now, but the effect on me was similar to yourself. It's extraordinary how frustrating they can be!!!

oo7

I'll update you all with how i get on. I've just emailed comreg so will make the formal complaint to Vodafone this weekend.

I have partially agreed (with a well known radio dj) to air my overall and final experience on his radio show when the case comes to an end, so at the very least people will be aware of Vodafone's handling of the above, if all else fails.

sopretty

oo7 wrote: »

I'll update you all with how i get on. I've just emailed comreg so will make the formal complaint to Vodafone this weekend.

I have partially agreed (with a well known radio dj) to air my overall and final experience on his radio show when the case comes to an end, so at the very least people will be aware of Vodafone's handling of the above, if all else fails.

Great! Comreg might get back to you by tomorrow, so you can email Vodafone complaints then.
I was lucky in that I had some correspondence by email (but 95% of my contact with them was on the phone).
Bring back good old written correspondence I say!!

oo7

Ok cool, thanks.

Squatman

how did this end oup 007?

djimi

It doesnt seem to be mentioned at any point in the thread, but what does the contract you signed say about matter? Does it make any mention of this special early termination clause and the terms attached to it?

Edit: just realised its an old thread...

oo7

Squatman wrote: »

how did this end oup 007?

After i got the data protection officer and com reg involved, Vodafone would only go as far as giving me 2 months free line rental.

They've certainly lost myself and several other people i know. Anyone i've mentioned it to, can understand their (VF) behaviour.

Bepolite

While I have no time for shoddy customer service, you read the supplied T&Cs I take it?

Little CuChulainn

Bepolite wrote: »

While I have no time for shoddy customer service, you read the supplied T&Cs I take it?

Deals like these are often done over the phone with no contract to be signed and no terms referenced before acceptance. I got offered one over the phone the other day by Eircom. Wanted to upgrade me to a "better" package there and then over the phone.

djimi

But for something as specific as "you must give the phone back to avial of the early termination", especially as it is costing €10 extra a month, I would have expected those terms to be written into the signed contract? Im not saying that they are necessarily, and it is what I would be urging the OP to check, but for something as detailed as that I cant see it just being the word of someone over the phone.

Bepolite

Little CuChulainn wrote: »

Deals like these are often done over the phone with no contract to be signed and no terms referenced before acceptance. I got offered one over the phone the other day by Eircom. Wanted to upgrade me to a "better" package there and then over the phone.

In my experience people in call centres never negotiate individual deals. T&Cs are long boring documents covering every eventuality but it's always worth reading them over. This is not the first person stung with this particular offer.

I'm not defending vodafone, the decent thing to do would have been to listen back to the call, verify what was said and then stand over it. I second going to the comreg but I've two concerns; (i) The T&Cs will probably cover vodafone, (ii) do they deal with the handset side of things?

Thankfully now your 14 day cooling off doesn't start until the T&Cs are full explained, either verbally or in writing. That's not really going to help the OP though, unfortunately.