Vodafone balls up

thezappa

thezappa

thezappa

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I had a 12 month contract with Vodafone which lapsed on the 18th-ish July so I chatted online with one of their customer service reps about getting a discount for another 12 months.
Guy comes back and says I can get 5Gb Data, unlimited minutes and texts for £11.90. Happy days so I went on to ask what he could do with a handset upgrade (I have an iPhone 5) to a iPhone 6s, guy 'checks' and says I have that tariff with that phone for free :eek:
Obviously I was a little suspicious of this so asked what the cost of the handset is and he said it will be waived (as part of they great customer service) but I would have to call and get the handset upgrade but won't be a problem.

Clearly this guy is doing something wrong but I called Vodafone anyway and told them I wanted the tariff and handset - notes are on my account. The girl goes away and speaks to her manager and says the guy has made a massive mistake and they will have to investigate.

My question is, what chance do you reckon I have of getting this deal and if they come back and say I can't have it what right do I have to insist they honour their mistake.
I did say on the phone to them that under contract law and the rules around misrepresentation I could if I wanted pursue legal action but I wonder if there is anything else I can go in with.
Suggestions/thoughts welcome :)
 

Rimsy

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thezappa said:
I had a 12 month contract with Vodafone which lapsed on the 18th-ish July so I chatted online with one of their customer service reps about getting a discount for another 12 months.
Guy comes back and says I can get 5Gb Data, unlimited minutes and texts for £11.90. Happy days so I went on to ask what he could do with a handset upgrade (I have an iPhone 5) to a iPhone 6s, guy 'checks' and says I have that tariff with that phone for free :eek:
Obviously I was a little suspicious of this so asked what the cost of the handset is and he said it will be waived (as part of they great customer service) but I would have to call and get the handset upgrade but won't be a problem.

Clearly this guy is doing something wrong but I called Vodafone anyway and told them I wanted the tariff and handset - notes are on my account. The girl goes away and speaks to her manager and says the guy has made a massive mistake and they will have to investigate.

My question is, what chance do you reckon I have of getting this deal and if they come back and say I can't have it what right do I have to insist they honour their mistake.
I did say on the phone to them that under contract law and the rules around misrepresentation I could if I wanted pursue legal action but I wonder if there is anything else I can go in with.
Suggestions/thoughts welcome :)
Click to expand...

If you're quoting contract law to them then why are you asking here? Sounds like you already believe you have a leg to stand on if you're willing to push hard enough :)
 

insane200

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If they had already given the phone to you, you may have a chance to get it at that deal, but I'd say they would have every right to say no, someone made a mistake yeah, but as your out of contract i doubt they would miss having one unhappy customer.
 

Columbo

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Stop misquoting legislation that does apply, no contract of sale was entered as you have not received the goods and not paid for anything at this point, just give it up and move on with your life.

I can offer you a gold plated moon if you like but unless you pay for it, I took more money than we agreed or you took delivery of a lead plated moon instead from then we have no binding agreement.
 

thezappa

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Columbo said:
Stop misquoting legislation that does apply, no contract of sale was entered as you have not received the goods and not paid for anything at this point, just give it up and move on with your life.

I can offer you a gold plated moon if you like but unless you pay for it, I took more money than we agreed or you took delivery of a lead plated moon instead from then we have no binding agreement.
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Thanks but I didn't quote anything.
The information I was going on was here:
"A misrepresentation is a false statement of fact or law which induces the representee to enter a contract. Where a statement made during the course of negotiations is classed as a representation rather than a term an action for misrepresentation may be available where the statement turns out to be untrue"

I appreciate I didn't enter in to a contract but the information he was giving me was being used by me to enter in to the terms they had offered. Fair enough if I'm wrong but that's what I was being my query with them on.
 

thezappa

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It might, hmm. I suppose that is what they may well say. On the other hand I could argue that the basis for me trying to take up the contract was on the basis of what the guy said.

Will be interesting to see what they say. Thank you.
 

Myshra

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You have the right to refuse the contract up to the point of sign and they have the right to remove the offer. Almost certain you have no leg to stand on.
 

matt100

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You haven't got a cat in hells chance of "making" them honour it. You could perhaps get a discount if you whinge enough with the added bonus of possibly losing someone their job for what may well have been a simple mistake.

You hadn't gone back 3 years and wound up in a Phones 4U so nobody was attempting to intentionally mislead you, if you'd done the deal there and then it would have come to light that it was a mistake and best of all it sounded too good to be true and you knew it was likely an error.

I'd suggest you get back to hot uk deals and furiously type about how your 10p 65" TV hasn't been honoured.
 

thezappa

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Fair enough. I still haven't heard from them and it was quite clearly too good to be true. Still they may offer some discount as you say. Thanks for your input.
 

Kanpai

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thezappa said:
I had a 12 month contract with Vodafone which lapsed on the 18th-ish July so I chatted online with one of their customer service reps about getting a discount for another 12 months.
Guy comes back and says I can get 5Gb Data, unlimited minutes and texts for £11.90. Happy days so I went on to ask what he could do with a handset upgrade (I have an iPhone 5) to a iPhone 6s, guy 'checks' and says I have that tariff with that phone for free :eek:
Obviously I was a little suspicious of this so asked what the cost of the handset is and he said it will be waived (as part of they great customer service) but I would have to call and get the handset upgrade but won't be a problem.

Clearly this guy is doing something wrong but I called Vodafone anyway and told them I wanted the tariff and handset - notes are on my account. The girl goes away and speaks to her manager and says the guy has made a massive mistake and they will have to investigate.

My question is, what chance do you reckon I have of getting this deal and if they come back and say I can't have it what right do I have to insist they honour their mistake.
I did say on the phone to them that under contract law and the rules around misrepresentation I could if I wanted pursue legal action but I wonder if there is anything else I can go in with.
Suggestions/thoughts welcome :)
Click to expand...

Well, I had an S7 and wanted the S7 Edge, the guy on online chat suggested I could upgrade to the S7 Edge at no extra cost. I saved the transcript and phoned their CS and they honoured the mistake, so I think if you've got some proof of them offering this I'd push for them to honour it.

Currently on 6gb with unlimited calls/sms for £30 p/m (including VEA discount) and a free handset
 

Silly Goose On The Loose

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El1te said:
Well, I had an S7 and wanted the S7 Edge, the guy on online chat suggested I could upgrade to the S7 Edge at no extra cost. I saved the transcript and phoned their CS and they honoured the mistake, so I think if you've got some proof of them offering this I'd push for them to honour it.
Click to expand...

A few pounds is fine but there is nobody who could authorise that kind-of discount.
 
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