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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I am cancelling a contract with Vodafone 2 weeks in to it for

Resolved Question:

I am cancelling a contract with Vodafone 2 weeks in to it for several reasons. They are already threatening to enforce the full contract (36 months), All the negotiations have been verbal with a couple of emails at my insistence 1 day before the contract started actually confirming details. They have also said all conversations were taped, I was not advised of this until I began to query some points raised. What are my chances of winning some form of reduction, or paying for just the first month, part of which I could not use my mobile due to their mistakes?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Are you able to cancel under the contract?

Did you do the deal in store?
Customer: replied 3 years ago.

It was all carried by telephone right up to the last day before the contract started when I insisted on an email outlining everything. I have not at any point signed anything

Expert:  Jo C. replied 3 years ago.
No, but that doesn't mean there is no contract.

Do you have an existing contract with Vodofone or is it a new deal?

Customer: replied 3 years ago.

No I have never dealt with them at all before. My problems started when I retired and because I had moved house too, Orange, my supplier for 14 years would not give me a personal account. I finished up falling for a call from One Com and in the hands of Vodafone as a consequence. The problems I had in the first two weeks caused me to return the phones and cancel my Direct Debit

Expert:  Jo C. replied 3 years ago.
Thank you.

Can you tell me when you agreed? Also when did you serve written cancellation. I'm just trying to see whether or not the distance selling regulations would apply.
Customer: replied 3 years ago.

I agreed on the 19th November when I received an amended offer by email. However the handset I had would not function properly and I rejected it. They agreed to a replacement which I received on Monday 25th, but they did not send a Sim Card so it would not function. I chased the Sim Card on the 27th and they said they would send one as the original error had not been rectified, and the Sim Card was not actually sent to me. According to them the replacement was signed for at the Office here on the 29th. I got it yesterday. I sent a note to One Com with the returned handsets outlining that I was not prepared to carry on with them and have prepared a letter to go to Vodafone 1 hour ago.

Expert:  Jo C. replied 3 years ago.
Thanks.

Did they offer 14 days to cancel?
Customer: replied 3 years ago.


I am pretty frustrated for not checking terms more thoroughly, but the link they sent to outline them will not open on my PC. The One Com lad I spoke with today mentioned 7 days, and, bearing in mind for the 12 days I allegedly had a handset, I only actually had one that partially operated for 3 days. So not sure whether that gives me a window or not. Whilst you are studying this I will see if I can find anything more concrete about cancellation

Expert:  Jo C. replied 3 years ago.
Okay thanks, XXXXX XXXXX I need to know.

Unfortunately, the distance selling regulations will no longer apply almost certainly. They only give you 7 days to cancel and if you received the 1st phone on 19 November then you are out of time now.

That isn't necessarily the end of the world. There are other options. It's just that that is the easiest.

You seem to be describing general complaints with the quality of the phone. You can only cancel on that basis if you can show that the service was so poor that they had repudiated the contract. That is a high test. Something like having no coverage at all for weeks on end would probably get over it.

However, even if you are locked in, they only have claim for lost profits rather than the total sum due under the contract.

They will not sue in any event. It's not worth the manpower to do that for the sum that they would reclaim. What they may do though is add a default to your credit rating and that is generally not to be desired. It is possible to lodge a notice of dispute but nobody can guarantee that it would be removed.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.


I have managed to check the terms and the 7 days is clear in terms of receiving the phone. Bearing in mind I did not actually have a replacement phone until the 25th, but without a Sim Card, i.e like a car without an engine, surely the date they say the sent the Sim Card - 29th and I cancelled with One Com today does that not fall within the 7 days?? Regarding my Credit Rating according to Experian I don't exist because I have nil debt and very rarely use a credit card other than for Petrol

Expert:  Jo C. replied 3 years ago.
No, but the problem is that you did receive the original phone earlier than that.

You could try to argue it doesn't apply until you get the Sim but I wouldn't guarantee success I'm afraid.

If you want to bring yourself within that though you need to serve notice in writing as soon as possible.
Customer: replied 3 years ago.


Thank You....sorry, final point...what does your final point about serving notice in writing actually mean please?

Expert:  Jo C. replied 3 years ago.
Just write to them saying that you want to cancel under the distance selling regulations. Doesn't have to be by post. An email will be fine.

If you haven't done that then the DSR doesn't apply for certain.
Jo C., Barrister
Category: Law
Satisfied Customers: 69542
Experience: Over 5 years in practice
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Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’

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