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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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Hi, I have recently entered a mobile phone contract with vodaphone. I

Customer Question

Hi,
I have recently entered a mobile phone contract with vodaphone.
I have been having issues with their services from the onset of the contract in January, I have told them that I wish to cancel the contract as they cannot provide me with the service that I requested initially. They insist that I pay them £750.00 in order to cancel which I have obviously refused . The contract has another 22months to run and I am so annoyed that I cannot access my emails or internet in areas that I am working for the next 3years.
Please advise. Many thanks
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.

Why can't you access it? I will respond in the morning if thats ok?
Customer: replied 3 years ago.
At the time of taking the contract I emphasised the the importance of being able to access the internet and emails etc as the nature of my work involves constant communication with my employer in order to update insurance claims on site. Pictures have to be taken of the progress and any updates req'd to accepted schedules on insurance rectification works. I was promised that I could do this as the contract involves 4g. I took out the max monthly contract believing that I would have national coverage. I am still running and old contract phone with onother provider until this expires and I have no problem with these at all. Basically I am not confident that vodaphone can deliver what they boast and fear that I will loose work due to not being contactable throughout the working day when working in the the areas mentioned
Expert:  Jo C. replied 3 years ago.
OK.
So why can't you access it?
Customer: replied 3 years ago.
They instructed me to try various things recommended by themselves in order to gain internet access etc.
I have followed their instructions and visited their shops on numerous occasions' but still without success. Basically they cannot provide me with the service that I requested from onset. My opinion is that they do not have the range of coverage req'd in the particular area that I need it most.
The fact that I insisted the importance of internet access and the facility to be contacted at all times makes it more frustrating to see my employees
Having no such problems when they are actually sitting next to me
Expert:  Jo C. replied 3 years ago.
Are you saying that you cannot access the internet at all on a Vodaphone device in the UK?
Customer: replied 3 years ago.
No. It's in areas down Hereford where I can only assume that they do not have sufficient service. If they have not then surely they should have checked especially as I told them that I would be working in those areas for the next three yrs
Expert:  Jo C. replied 3 years ago.
Can you make calls ?
Customer: replied 3 years ago.
Not in the areas that I have mentioned.
I keep receiving mags not registered on network
Expert:  Jo C. replied 3 years ago.
Thanks.

Have you checked their website for coverage? Is it just bad in your area?

Also, did you specifically ask about this area at the time of sale?
Customer: replied 3 years ago.
Yes, I told phones for you who advised me that everything would be fine. Phones for you are the ones who sold me the contract. They said that only vodaphone can cancel the contract, vodaphone said that phones for you are responsible, so I have been bounced back and fourth ever since
Expert:  Jo C. replied 3 years ago.
Thanks.

It is the dealer who is liable under the provisions of the Sale of Goods And the Supply of Goods and Services Act, not the manufacturer or the provider.

It is true that only Vodafone can cancel the contract but that is something that Phones for u are going to have to resolve.

If PfU accept that they are in breach, VF can cancel the contract without further penalty

The first thing to do is to find out which service provider you can get service with in that area at any price.

If that costs you more than you are currently paying, the extra cost will form part of any claim that you make.

You are going to have to prove that you specifically said to the Seller that you needed all these various facilities in that particular area and they said that it would be ok.

If PfU refuse to cancel the contract your remedy is to take them to the Small Claims Court for the cancellation cost of however much it is plus any additional cost you incur in getting the service somewhere else.

Before moving forward, you need to find out who can provide this service for you and at what cost.

Meanwhile, in the short term because this is going to take some time to resolve probably through the County Court (although the Seller will probably capitulate once proceedings are issued you are going to need to make alternative arrangements for telephones

Can I clarify anything for ?

Jo
Jo C. and 2 other Law Specialists are ready to help you
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’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/